Colorado POST Study Guide (Answered 100% Correctly) Latest 2024-2025

Colorado POST Study Guide (Answered 100% Correctly) Latest 2024-2025
Colorado POST Study Guide (Answered
100% Correctly) Latest 2024-2025
What are the two types of arrest?
Custodial
Non-custodial
What property crime can you use deadly force to defend against?
First Degree Arson
Label each part of the following statute:
16-3-504(2.2)(a)(II)(A)
16 - Title
3 - Article
504 - Section
(2.2) - Subsection
(a) - Paragraphs
(II) - Sub-Paragraphs
(A) - Sub Sub-Paragraphs
18-1-402. Presumption of Innocence
Every person is presumed innocent until proved guilty
18-1-403. Legal Assistance and Supporting Services
All indigent persons who are charged with or held for the commission of a crime
are entitled to legal representation and supporting services at the state's expense
18-1-404 Preliminary hearing or waiver-dispositional hearing
Every person accused of a class 1, 2, or 3 felony or level 1 or level 2 drug felony
has the right to demand and receive a preliminary hearing within a reasonable time
to determine whether PC exists
Only those persons charged with a class 4, 5, or 6 felony that requires mandatory
sentencing, or is charged with a crime of violence or sexual offense, shall have the
right to demand and receive a preliminary hearing within a reasonable time to
determine whether PC exists
How long for a speedy trial?
180 days from the date of entry of a not guilty plea
18-1-405
How many jurors on a felony trial?
12
How many jurors on a misdemeanor trial?
6
18-1-407 Affirmative Defense
means that unless the state's evidence raises the issue involving the alleged
defense, the defendant, to raise the issue, shall present some credible evidence on
that issue
If the issue involved in an affirmative defense is raised, then the guilt of the
defendant must be...
established beyond a reasonable doubt as to that issue as well as all other elements
of the offense
Act
a bodily movement, and includes words and possession of property
Conduct
an act or omission and its accompanying state of mind or, where relevant, a series
of acts of omissions
Criminal Negligence
through a gross deviation from the standard of care that a reasonable person would
exercise, he fails to perceive a substantial and unjustifiable risk that a result will
occur or that a circumstance exists
Culpable Mental State
Intentionally
Knowingly
Recklessly
Criminal negligence
Intentionally
when his conscious objective is to cause the specific result proscribed by the
statute defining the offense
Knowingly
when he is aware that his conduct is of such nature or that such circumstance exists
when he is aware that his conduct is practically certain to cause the result
Omission
a failure to perform an act as to which a duty of performance is imposed by law
Recklessly
when he consciously disregards a substantial and unjustifiable risk that a result will
occur or that a circumstance exists
Voluntary Act
an act performed consciously as a result of effort or determination, and includes
the possession of property if the actor was aware of his physical possession of
property if the actor was aware of his physical possession or control thereof for a
sufficient period to have been able to terminate it
Criminal Liability
the performance by a person of conduct which includes a voluntary act or the
omission to perform an act which he is physically capable of performing
Strict Liability
when conduct alone is all that is required for the commission of a particular
offense
(ex: DUI)
Mental Culpability
when a culpable mental state on the part of the actor is required with respect to any
material element of an offense
(ex: Murder)
18-1-603 Complicity
a person is legally accountable as principal for the behavior of another constituting
a criminal offense if, with the intent to promote or facilitate the commission of the
offense, he or she aids, abets, advises, or encourages the other person in planning
or committing the offense
*basically if they helped out in the crime
18-1-702 Choice of Evils
Conduct which would otherwise constitute an offense is justifiable and not
criminal when it is necessary as an emergency measure to avoid an imminent
public or private injury which is about to occur
(Ex: you commit a crime to stop a crime)
(Ex: you shatter a car window to protect a baby in a hot car)
Who are those that are covered under the use of physical force - special relations
18-1-703?
1. Parent, guardian, or other person entrusted with the care and supervision of a
minor or incompetent person, or teacher
2. Detentions staff
3. Common Carrier
4. Preventing someone from suicide
5. Licensed physician or nurse
18-1-704 Use of physical force in defense of a person
a person is justified in using physical force upon another person in order to defend
himself or a third person from what he reasonably believes to be the use or
imminent use of unlawful physical force by that other person, and he may use a
degree of force which he reasonably believes to be necessary for that purpose
When can you use deadly physical force in the defense of a person per 18-1-707?
If a person believes a lesser degree of force is inadequate and:
-he or another person is in imminent danger of being killed or of receiving great
bodily injury
-the other person is using or reasonable appears about to use physical force against
an occupant of a dwelling or business establishment while committing or
attempting to commit a burglary
-the other person is committing or reasonable appears about to commit kidnapping,
robbery or sexual assault
When is a person NOT justified in using physical force?
-he provokes the use of unlawful physical force by that other person
-he is the initial aggressor
-the physical force involved is the product of a combat by agreement not
specifically authorized by law
18-1-704.5 Use of Deadly Physical Force against an intruder (Make My Day Law)
Any occupant of a dwelling is justified in using any degree of physical force, no
matter how slight, against another person when that other person has made an
unlawful entry into the dwelling, and when the occupant has a reasonable belief
that such other person has committed a crime in that dwelling in addition to the
uninvited entry, or is committing or intends to commit a crime against a person or
property
The occupant shall be immune from criminal prosecution and civil liability
18-1-705 Use of physical force in defense of premises
A person is justified in using reasonable and appropriate physical force upon
another person when and to the extent that it is reasonably necessary to prevent or
terminate what he reasonably believes to be the commission or attempted
commission of an unlawful trespass by the other person in or upon the building,
realty, or premises
18-1-706 Use of Physical Force in Defense of Property
A person is justified in using reasonable and appropriate physical force upon
another person when and to the extent that he reasonably believes it is necessary to
prevent what he reasonably believes to be an attempt by the other person to
commit theft, criminal mischief, or criminal tampering involving property
18-1-707 Use of physical force in making an arrest or in preventing an escape.
(physical force)
A peace officer is justified in using reasonable and appropriate PHYSICAL
FORCE upon another person when and to the extent that he reasonably believes it
is necessary:
-to effect an arrest or prevent and escape from custody