Term
To charge a defendant with resisting arrest, which of the below most correctly describes the conduct exhibited by the defendant?
a) Use Physical force or violence
b) threaten to use physical force or violence
c) use or threaten to use physical force or violence
d) must threaten force by means of a weapon |
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Definition
Use or threaten to use physical force or violence
Reference: 18-8-103 |
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Term
| T/F: The resisting arrest statute makes it an offense for the defendant to do any of the prohibited acts under the statute to prevent the arrest of himself or to any third party. |
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Definition
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Term
A defense to the charge of resisting arrest is appropriate if
a) the arrest was unconstitutional
b) the arresting officer was not in uniform
c) the defendant was intoxicated and therefore could not formulate the proper mens rea
d) none of the above |
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Definition
None of the above
Reference: 18-8-103 (2) |
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Term
In Colorado, an offender may resist arrest if
a) never
b) if the arresting officer uses unreasonable or excessive force
c) an offender may assist another person in resisting arrest if the officer is using unreasonable or excessive force
d) both b and c |
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Definition
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Term
| T/F: If an individual resists arrest and an officer verbally identifies themselves as a peace officer, this is not sufficient. The law requires the officer to either be in uniform or show their credentials. |
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Definition
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Term
A K9 officer handles a suspicious person call and contacts Russ. When the officer asked Russ for his identification, Russ pulled out a can of OC and sprayed the K9. The officer immediately arrested Russ. Russ can be charged with
a) assault
b) obstructing a peace officer
c) cruelty to animals
d) resisting arrest |
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Definition
Obstructing a peace officer
Reference: 18-8-104(1)(b)
LE Animals - knowingly obstructs, impairs, or hinders animal |
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Term
Defendant Cornwell was uncooperative during booking. He refused to provide necessary information and started a scuffle when deputies tried to empty his pockets. Cornwell was charged with
a) Resistance
b) Assault to a police officer
c) obstruction of a peace officer
d) no crime |
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Definition
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Term
| T/F: It is not a defense to Obstructing a Peace Officer even if the officer that was obstructed was acting in an illegal manner so long as the officer was acting under the color of his official authority. |
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Definition
True
Reference 18-8-104(2) |
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Term
When acting as an accessory to a crime, rendering assistance means all of the below except:
a) harbor or conceal another
b) provide another with money or transportation
c) conceal or destroy any evidence
d) remaining silent regarding your knowledge of the crime |
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Definition
Remaining silent regarding your knowledge of the crime
Reference 18-8-105(2) |
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Term
| T/F: Any person who acts as an accessory to a crime can be charged and found guilty even if the principal who committed the crime has not been charged. |
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Definition
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Term
Conduct occurring after the fact is reflected under which theory?
a) complicity
b) compounding
c) accessory
d) exigency |
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Definition
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Term
If an individual aids, abets, advises, or encourages another in planning, or committing a future offense, the offender is legally accountable under which legal theory?
a) compounding
b) solicitation
c) complicity
d) conspiracy |
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Definition
Complicity Theory
Reference 18-1-603 |
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Term
An officer on patrol commanded a 21 year-old male to assist him in making a disorderly conduct arrest at a local restaurant. The male refused and is guilty of:
a) no crime
b) refusing to aid a peace officer
c) disobedience of a lawful order
d) compounding a crime |
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Definition
Refusing to aid a peace officer
Reference 18-8-107
Class 1 petty offense |
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Term
Tom saw Sally break into his neighbor's car and steal the stereo. Sally knew that Tom saw her. Sally told Tom that she would pay him $50 to keep his mouth shut. If Tom keeps quiet and does not report the crime, Tom could be charged with what crime?
a) conspiracy
b) accessory
c) compounding
d) complicity |
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Definition
Compounding
Reference 18-8-108 |
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Term
The term public servant does not include which of the following:
a) officer of the government
b) government employee
c) Process server for the government
d) witness for the government |
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Definition
Witness for the government
Reference 18-1-901 |
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Term
The difference between abuse of public records and offering a false instrument for recording is:
a) abuse of public records applies to records only after they are accepted by a public office
b) Abuse of records applies only to records only before they are accepted by a public office
c) abuse of records applies to any record before and after they are accepted by a public office |
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Definition
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Term
| T/F: A person who disarms a peace officer with justification violates the law. |
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Definition
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Term
The sentence for escape is to run:
a) concurrently with the sentence the offender was serving
b) consecutively with the sentence the offender was serving
c) at the discretion of the sentencing Judge or Magistrate
d) a minimum mandatory 10 years |
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Definition
consecutively with the sentence the offender was serving
18-8-209 |
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Term
In any sentence for escape of an adult, the court may not grant:
a) probation
b) a suspended sentence
c) less than the minimum sentence
d) all of the above |
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Definition
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Term
| T/F: Under current statutes, a juvenile offender is generally treated the same as an adult for any escape offense. |
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Definition
False
i.e. can receive a suspended sentence
18-8-210.1 |
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Term
The penalty for aiding another to escape will depend on:
a) the suspect's arrest record
b) the crime for which the prisoner is confined for, convicted of, or charged with
c) if anyone was armed
d) if anyone was injured or killed |
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Definition
The crime for which the prisoner is confined for, convicted of, or charged with
18-8-201 (4-6) |
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Term
| T/F: The severity of the crime of escape depends upon whether the escapee was being held for a crime or had been convicted. The degree of the offense is determined by the classification of the crime involved. |
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Definition
True
18-8-208
(if in confinement but not convicted = class 4 felony) |
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Term
"Custody" for purposes of the escape statute requires that the officer applied a level of physical control so as reasonably to ensure that the person does not leave. Mere verbal advisement:
a) creates custody
b) if the offender is advised he is under arrest; he is in custody
c) does not create custody
d) if the offender is advised to step to the curb |
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Definition
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Term
Which of the below items is not considered to be contraband under CRS?
a) money
b) postage stamp
c) safety matches
d) obscene material |
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Definition
Safety Matches
18-8-204
(Combustible material other than safety matches) |
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Term
| T/F: An offender who fails to return to his facility at the end of his work release period commits escape. |
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Definition
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Term
The crime of attempted escape requires that there be:
a) an overt act
b) a covert act
c) a conspiracy
d) a substantial step |
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Definition
A substantial step
18-8-208.1(1)
18-2-101, attempt = substantial step |
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Term
According to state statute, which of the following does not fit the definition of 'in custody?'
a) work release program
b) home detention program
c) a staff unsecure facility
d) a furlough |
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Definition
a staff unsecure facility
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Term
For an offender in a correctional facility to violate the state statute 'active participant in a riot,' one of the required elements is:
a) there must be five or more participants
b) participation must be with two or more persons
c) no participation other than the offender is required
d) the offender disobeyed the order of a correctional officer |
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Definition
participation must be with two or more persons
18-8-211(1) |
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Term
| T/F: Any person participating in a riot who uses a deadly weapon or a destructive device or facsimile weapon in the course of participation in a riot commits a class 3 felony. |
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Definition
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Term
| T/F: Not every false statement in an official proceeding is perjury. |
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Definition
true
18-8-508 (retraction) |
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Term
The essential requirement of a "materially false statement" is:
a) must be made under oath
b) must be made in an official proceeding
c) if it could have affected the course or outcome of the proceeding
d) sworn to before god |
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Definition
if it could have affected the course or outcome of the proceeding
18-8-501(1) |
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Term
To convict for perjury, Colorado case law requires:
a) the testimony of two witnesses
b) the testimony of one witness and independent proof
c) the falsity of the statement is clearly established by documentary evidence originating from the defendant
d) any of hte above
BONUS: Provide the case law related to this question. |
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Definition
any of the above
18-8-502/503/504; 18 USC 1621
BONUS: |
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Term
| T/F: No person shall be convicted of first degree perjury if that person retracts the false statement in the course of the same proceeding. |
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Definition
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Term
Which of the following is not an official proceeding:
a) a liquor license hearing
b) a deposition taken before a court reporter
c) an oath taken before a notary
d) all of the above are official proceedings |
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Definition
all of the above are official proceedings
18-8-501(3) |
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Term
If an individual attempts to directly or indirectly communicate with a juror other than as part of the proceedings in the trial of the case with intent to influence the juror's decision or opinion, that individual commits:
a) bribing a juror
b) intimidating a juror
c) jury tampering
d) witness tampering |
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Definition
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Term
Physical evidence as defined in the tampering statute includes:
a) any article or object
b) any document or record
c) anything of physical substance
d) all of the above |
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Definition
all of the above
18-8-610(2) |
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Term
The mandatory restraining order issued against any person charged with a violation of any of the provisions of criminal code identified under which statutory provision?
a) CRS 19-1-1001
b) CRS 18-1-1001
c) 42 USC 1983
d) CRS 47-12-140 |
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Definition
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Term
| T/F: Any crime victim or witness who is subjected to intimidation or retaliation is entitled to recoverable damages and attorney fees from the perpetrator. |
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Definition
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Term
To intentionally attempt, without bribery or threats to induce a witness to testify falsely is the crime of:
a) tampering with a witness
b) bribing a witness
c) intimidating a witness
d) retaliation against a witness |
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Definition
tampering with a witness
18-8-707 |
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Term
A peace officer that witnesses another peace officer use physical force that exceeds the degree of physical force permitted under the law must report such an incident to his/her immediate supervisor within:
a) 5 days
b) 10 days
c) 15 days
d) 30 days |
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Definition
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Term
| Shortest barrel length allowable per CRS on rifles? |
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Definition
| a barrel less than 16" long |
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Term
| A person commits what crime if, by any threat or physical action, he knowingly places or attempts to place another person in fear of imminent SBI? |
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Definition
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Term
| Physical pain, illness, or any impairment of physical or mental condition. |
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Definition
bodily injury
18-1-901(3)(c) |
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Term
| A written statement of the essential facts constituting the offense charges and shall be made upon oath before any person authorized to administer oaths within the State of Colorado. |
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Definition
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Term
| A person commits ____________ degree burglary if he knowingly enters or remains unlawfully in a building or occupied structure with the intent to commit therein a crime, other than trespass, against a person or property, and if in effecting entry or while in the building or occupied structure or in immediate flight therefrom, he or another participant is armed with explosives or a deadly weapon. |
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Definition
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Term
| A person who recklessly engages in conduct, which creates a substantial risk of SBI to another person, commits ________________________. |
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Definition
reckless endangerment
18-3-208 |
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Term
| A person cimmits the crime of _____________ if he unlawfully enters or remains in or upon premises, which are enclosed in a manner designed to exclude intruders or are fenced. |
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Definition
second degree criminal trespass
18-4-503(9) |
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Term
| Shortest allowable overall length of a shotgun. |
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Definition
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Term
| Means a written statement, presented by a grand jury to the district court, which charges the commission of a crime, by an alleged offender. |
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Definition
|
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Term
| Terms "wingtip to wingtip," "wingspan," search "within immediate control" comes from this Supreme Court ruling_________________. |
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Definition
|
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Term
| Means force the intended, natural, and probable consequence of which is to produce death and which does ________________________. |
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Definition
deadly physical force
18-1-901 |
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Term
| Means a written statement signed by a district attorney presented to the district court, which charges the commission of a crime by an alleged offender. |
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Definition
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Term
| A person commits the crime of ________________ if he knowingly and unlawfully enters or remains in a dwelling or if he enters any motor vehicle with the intent to steal anything of value. |
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Definition
1st degree criminal trespass
18-4-502 |
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Term
| The 'Exclusionary Rule' was first applied to state and local police officers through this Supreme Court Ruling. |
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Definition
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Term
| Means any firearm, knife, bludgeon, or other weapon, device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or intended to be used is capable of producing death or SBI. |
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Definition
Deadly weapon
18-1-901(3)(e) |
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Term
| A written order made by a judge of a court of record commanding a peace officer to search the person, premises, place, property, or anything described in the search warrant to seize property described or identified therein |
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Definition
search warrant
16-1-104(16) |
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Term
| A person commits _____________________________ if with the intent to commit a crime he enters or breaks into any vault, safe, cash register, coin, vending machine, product dispenser, money depository, safe deposit box, coin telephone, coin box, or other apparatus or equipment whether or not coin operated |
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Definition
3d Degree Burglary
18-4-204 |
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Term
| A person commmits _______________ if he intentionally, knowingly, or recklessly, not being a peace officer, displays a deadly weapon, or an article fashioned as a deadly weapon, or verbally or otherwise states he has a deadly weapon, in a public place in a manner calculated to alarm |
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Definition
Disorderly Conduct
18-9-106(f) |
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Term
| Means a written order or notice directing that a person appear before a designated court at a stated time and place and answer to a charge against him |
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Definition
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Term
| Means bodily injury, which involves a substantial risk of death, serious permanent disfigurement, or protracted loss of impairment of the function of any organ of the body |
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Definition
serious bodily injury
18-1-901(p) |
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Term
| Means a place to which the public or a substantial number of the public has access, and includes but is not limited to highways, transportation facilities, schools, places of amusement, parks, playgrounds, and the common areas of public and private buildings and facilities |
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Definition
|
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Term
| The right to 'stop and frisk' came from this Supreme Court ruling |
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Definition
|
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Term
| A written order issued by a judge of a court of record directed to any peace officer commanding the arrest of the person named or described in the order |
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Definition
|
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Term
| With intent to prevent one whom he knows or should know to be a peace officer or firefighter from performing lawful duty, he intentionally causes bodily injury to any person |
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Definition
assault 2d degree
18-3-203(c) |
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Term
| Offender knowingly unlawfully broke into, entered, or remained in a dwelling, building, or occupied structure, with intent to commit a crime against a person or property |
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Definition
second degree burglary
18-4-203 |
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Term
| Follows a person in or about a public place or engages in conduct or repeatedly commits acts that alarm or seriously annoy another person and that serve to legitimate purpose or initiates communication with a person, anonymously or otherwise by telephone, in a manner intended to harass or threaten bodily harm.... |
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Definition
harassment
18-9-111 (c) & (e) |
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