CLEET LEGAL LM.06, 2025
Generally, a misdemeanor is punishable by: - ANS- - Up to one year in jail
- Fines up to $500
A felony is defined as: - ANS- A crime punishable by no less than 2 years in prison and
$1,000 in fines
Overt act - ANS- Acting with the culpability required for crime
If a crime is punishable by 4 years or more, an attempt at this crime is punishable by -
ANS- Up to 1/2 the longest possible term
If a crime is punishable less than 4 years, an attempt at this crime is punishable by -
ANS- Up to one year in jail
If a crime is punishable by fine only, an attempt at this crime is punishable by - ANS- Up
to 1/2 the largest possible fine
If a crime is punishable by imprisonment and fine, an attempt at this crime is punishable
by - ANS- Up to 1/2 of each
You can't be convicted of an attempt if you ______ - ANS- Completed the crime
Homicide - ANS- The killing of one human being by another
Four homicide classifications - ANS- 1. Murder
2. Manslaughter
3. Excusable homicide
4. Justifiable homicide
First degree murder elements - ANS- - Unlawful death of a human
- Caused by the defendant
- With malice aforethought
First degree death of a child - ANS- - Resulting from willful or malicious injuring,
torturing, maiming, or using of unreasonable force on a minor
- Willfully causing, procuring, or permitting those acts
, First Degree soliciting another person - ANS- To cause the death in furtherance of
unlawfully manufacturing, distributing, or dispensing CDS
- With malice aforethought
Aggravating circumstances - ANS- a. Prior violent felony
b. Created a great risk of death to more than one person
c. Committed for remuneration or promise of same
d. Especially heinous, atrocious, or cruel
e. Committed to avoid arrest or prosecution
f. Committed while serving imprisonment for a felony
g. Probability the defendant is a continuing threat to society
h. Victim was a peace officer or correctional employee in the performance of official duty
Mitigating circumstances - ANS- - No significant prior criminal history
- Acted under duress
- Diminished capacity to appreciate the criminality of conduct or to conform
- Mental/emotional disturbance
- Victim was a willing participant in the def's conduct
- Likelihood of rehabilitation
- Cooperation with the authorities
- Defendant's age
- Defendant's character
- Emotional/family history
- Mental retardation
Blue Lives matter in Oklahoma Act of 2017 - ANS- OS 21 Section 701.9
A person convicted of or pleads guilty or nolo contendere to 1st degree murder of a law
enforcement officer, correctional officer, or corrections employee while the officer or
employee is in performance of official duties "shall be punished by death or by life
without parole and absent an overwhelming amount of mitigation evidence shall not be
entitled to or afforded the benefit of receiving imprisonment for life or deferment of
sentence.
Second degree murder punishment - ANS- 10 years to life
Second degree murder elements - ANS- - Homicide caused by imminently dangerous
conduct of the defendant
- Conduct evinced a de[raved mind in extreme disregard of human life
- Even though without premeditated design to cause the death of any particular
individual
Second degree by felony murder - ANS- - Homicide resulting from an event which
happened in the commission of a felony
Generally, a misdemeanor is punishable by: - ANS- - Up to one year in jail
- Fines up to $500
A felony is defined as: - ANS- A crime punishable by no less than 2 years in prison and
$1,000 in fines
Overt act - ANS- Acting with the culpability required for crime
If a crime is punishable by 4 years or more, an attempt at this crime is punishable by -
ANS- Up to 1/2 the longest possible term
If a crime is punishable less than 4 years, an attempt at this crime is punishable by -
ANS- Up to one year in jail
If a crime is punishable by fine only, an attempt at this crime is punishable by - ANS- Up
to 1/2 the largest possible fine
If a crime is punishable by imprisonment and fine, an attempt at this crime is punishable
by - ANS- Up to 1/2 of each
You can't be convicted of an attempt if you ______ - ANS- Completed the crime
Homicide - ANS- The killing of one human being by another
Four homicide classifications - ANS- 1. Murder
2. Manslaughter
3. Excusable homicide
4. Justifiable homicide
First degree murder elements - ANS- - Unlawful death of a human
- Caused by the defendant
- With malice aforethought
First degree death of a child - ANS- - Resulting from willful or malicious injuring,
torturing, maiming, or using of unreasonable force on a minor
- Willfully causing, procuring, or permitting those acts
, First Degree soliciting another person - ANS- To cause the death in furtherance of
unlawfully manufacturing, distributing, or dispensing CDS
- With malice aforethought
Aggravating circumstances - ANS- a. Prior violent felony
b. Created a great risk of death to more than one person
c. Committed for remuneration or promise of same
d. Especially heinous, atrocious, or cruel
e. Committed to avoid arrest or prosecution
f. Committed while serving imprisonment for a felony
g. Probability the defendant is a continuing threat to society
h. Victim was a peace officer or correctional employee in the performance of official duty
Mitigating circumstances - ANS- - No significant prior criminal history
- Acted under duress
- Diminished capacity to appreciate the criminality of conduct or to conform
- Mental/emotional disturbance
- Victim was a willing participant in the def's conduct
- Likelihood of rehabilitation
- Cooperation with the authorities
- Defendant's age
- Defendant's character
- Emotional/family history
- Mental retardation
Blue Lives matter in Oklahoma Act of 2017 - ANS- OS 21 Section 701.9
A person convicted of or pleads guilty or nolo contendere to 1st degree murder of a law
enforcement officer, correctional officer, or corrections employee while the officer or
employee is in performance of official duties "shall be punished by death or by life
without parole and absent an overwhelming amount of mitigation evidence shall not be
entitled to or afforded the benefit of receiving imprisonment for life or deferment of
sentence.
Second degree murder punishment - ANS- 10 years to life
Second degree murder elements - ANS- - Homicide caused by imminently dangerous
conduct of the defendant
- Conduct evinced a de[raved mind in extreme disregard of human life
- Even though without premeditated design to cause the death of any particular
individual
Second degree by felony murder - ANS- - Homicide resulting from an event which
happened in the commission of a felony
