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26 Cards in this Set

  • Front
  • Back

Culpable Mental State

intentionally, or with intent, or knowingly, or willfully, or recklessly, or with criminal negligence.

Intentionally or w/intent

A person acts "intentionally" or "with intent" when his conscious objective is to cause the specific result proscribed by the statute defining the offense. It is immaterial to the issue of specific intent whether or not the result actually occurred.

Knowingly or Willfully

respect to a result of his conduct, when he is aware that his conduct is practically certain to cause the result.

Recklessly

A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.

Criminal Negligence

A person acts with criminal negligence when, 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.

Presumption of Innocence

every person is presumed innocent until proved guilty. no person shall be convicted of any offence unless his guilt thereof is provided beyond a reasonable doubt

Preliminary Hearing

Supreme Court of the State of Colorado

Speedy Trial

6 months

bodily injury

Physical pain, illness, or any umpairement of physical or mental condition

Serious Bodily Injury

bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.

Firearm

means any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.

Deadly Weapon

1.) A firearm, whether loaded or unloaded.2.) A knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.


Dwelling

a building which is used, intended to be used, or usually used by a person for habitation.

Gender Identity

person's gender-related identity and gender-related appearance or behavior whether or not that gender-related identity, appearance, or behavior is associated with the person's assigned sex at birth.

Liability of Behavior of another

1.) He is made accountable for the conduct of that person by the statute defining the offense or by specific provision of this code.2.) He acts with the culpable mental state sufficient for the commission of the offense in question and he causes an innocent person to engage in such behavior.

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.

Choice of Evils

not criminal when it is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of the actor, and which is of sufficient gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue.

Use of Physical Force

1.) A parent, guardian, or other person entrusted with the care and supervision of a minor or an incompetent person, and a teacher or other person entrusted with the care and supervision of a minor


2.) A superintendent or other authorized official of a jail, prison, or correctional institution may, in order to maintain order and discipline.


3.) A person responsible for the maintenance of order in a common carrier of passengers, or a person acting under his direction.


4.) A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious bodily injury upon himself.

Use of Force in Defense of Property

reasonable and appropriate physical force upon another person when and to the extent that he reasonably believes it 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, but he may use deadly physical force under these circumstances only in defense of himself or another

Use of Physical Force – Peace Officer

when and to the extent that he reasonably believes it necessary

Use of Deadly Force – Peace Officer

when and to the extent that he reasonably believes it necessary

Entrapment

The commission of acts which would otherwise constitute an offense is not criminal if the defendant engaged in the proscribed conduct because he was induced to do so by a law enforcement official or other person acting under his direction, seeking to obtain evidence for the purpose of prosecution, and the methods used to obtain that evidence were such as to create a substantial risk that the acts would be committed by a person who, but for such inducement, would not have conceived of or engaged in conduct of the sort induced.

Insufficient Age

No child under ten years of age shall be found guilty of any offense.

Intoxication Defense

no


"Intoxication", as used in this section means a disturbance of mental or physical capacities resulting from the introduction of any substance into the body.


"Self-induced intoxication" means intoxication caused by substances which the defendant knows or ought to know have the tendency to cause intoxication and which he knowingly introduced or allowed to be introduced into his body, unless they were introduced pursuant to medical advice or under circumstances that would afford a defense to a charge of crime.

Inchoate Crimes – Criminal Attempt

acting with the kind of culpability otherwise required for commission of an offense, he engages in conduct constituting a substantial step toward the commission of the offense

Inchoate Crime

one which is not fully formed or developed; it is an action done in anticipation of a further criminal act.