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163 Cards in this Set

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Preventing crime; protecting life and property; dispensing equal justice; guaranteeing due process of law; apprehending offenders; upholding and enforcing the law. These are six goals of?

Law Enforcement
The three branches of government in our country are?

Legislative, Judicial, Executive
The 14th Amendment declared?

All persons born or naturalized in the U.S. are citizens of the United States. A state may not deprive any person of life, liberty or property without due process of law. AND A state may not deprive any person of equal protection of law.
The fourth Amendment protects a person's?
Reasonable expectation of privacy.
Which of the following BEST describes the process of the criminal justice system from start to finish?
Society, Law Enforcement, Courts, Corrections, Society
Requirements for criminal trials are established in what Constitutional Amendment?

Sixth Amendment
In which Amendment to the U.S. Constitution is the right of an accused person to be represented by an attorney found?
Sixth Amendment
Criminal Law can be defined as?
A set of rules of conduct that define behavior that is unacceptable within a given society.
The components of the criminal justice system are?
Law Enforcement, Courts, and Corrections
A person is free from being tried twice for the same offense ­ "Double Jeopardy". This right is found in the ____ Amendment to the United States Constitution.
Fifth Amendment
The constitutional protection that prohibits excessive bail is found in which Amendment?
8th Amendment
Which Constitutional Amendment deals with a person's right to not incriminate himself during a lawful interrogation by a law enforcement officer or government agent?
5th Amendment
The types of law that must be considered in the operation of the criminal justice system include:
Constitution, Common law, Statutes, and Case law
When defining and classifying crimes, conventional crimes are those crimes that?
Include the majority of crimes against persons and property.
The charging document issued by a Grand Jury and handed down to the prosecuting attorney is called?
An indictment
In Colorado, felony charges may only be filed with the court by the District Attorney but a peace officer may file ________ or _________ charges to the court. A) All charges must be filed only through the District Attorney's Office.
Misdemeanors and all lower charges including traffic.
In Colorado, the court of general jurisdiction is the?
District Court
In Colorado, felonies can be filed in County Court but must be tried in?
Only in District Court in the County where charges were brought.
What is the first appearance before a judge by a person, being held in a correctional facility, arrested on probable cause for a felony or misdemeanor?
An advisement
To "Bind Over" means to require a defendant, following a preliminary hearing, to appear in court of jurisdiction where he/she is charged to enter a plea. This hearing is called?
An arraignment
"To prove the guilt of the defendant beyond a reasonable doubt." This statement of purpose is descriptive of what in the judicial process system?
Trial process
What is the goal of the criminal justice system?
Protecting life and property, Improving the quality of life for communities, Guaranteeing moral equity for everyone in society.

A complete description of crime would include:

Any Acts or Omissions forbidden by law.
"To define offenses: to forbid the commission of offenses; to differentiate between serious and minor offenses; to prevent arbitrary or oppressive treatment of person; accused or convicted of offenses." These four brief statements should be identified with:
Principles of criminal law.
Which one of the following is not a goal or objective of the criminal justice system?
Control the public
Hearing on a complaint filed in County Court or an information filed in District Court to determine if there is probable cause to believe that an offense has been committed and that the person charged committed it, is?
A preliminary hearing
The formal act of calling a defendant into open court informing him of the offense with which he is being charged and entry of a plea to the charge is called?
An arraignment
A written statement signed by a District Attorney presented to the District Court which charges the commission of a crime by an alleged offender is?
Information
"A written statement of the essential facts constituting the offense charged shall be made upon oath before any person authorized to administer the oath within the State of Colorado" is known as?
A Felony complaint
In which branch of the Government are law enforcement officers?
Executive
The most common factors leading to courtroom overloading are:
A rise in crime and arrests.
The basis of our procedural criminal law:
United States Constitution
A written order issued by a judge of a court of record directed to any peace officer commanding the arrest of a person named or described in the order is known as?
Arrest warrant
During the course of a jury trial, the jury must reach a verdict. However, prior to deliberating they receive specific instructions of law that are applicable to the issue in question. Who gives these instructions of law to the jury?
The Judge
Bail in criminal cases:
Cannot be excessive under the 8th Amendment of the Constitution.
Supreme Court Justices in the Federal Court System
Are appointed for life.
What is the percentage of criminal cases that proceed to trial in the United States?
Approximately 10 percent
State county courts are:
Courts of limited jurisdiction
Approximately ninety percent of all convictions come from
Plea bargains
What is the purpose of bail for a defendant in a criminal case?
To insure the defendant's future court appearance and to give the defendant temporary liberty.
When can a judge hearing a criminal trial acquit the defendant of the charges?
When a reasonable man would see there is not enough evidence to convict.
If a defendant is in custody, within what time frame must he/she be brought to trial?
180 days
At a preliminary hearing, witness credibility can be determined by:
Whether the witness was in a good position to see and hear the crime.
Most statutes require that the prosecution prove:
All elements of the crime.
Probable cause is defined as?
More than reasonable suspicion
At what stage of the judicial process system does the following occur: Reading of formal charges to a subject and the requirement of a plea?
Arraignment
After the "first appearance in court," the District Attorney has three entirely different and separate options of bringing a criminal prosecution for a criminal offense classified as a felony. They are?
Seeking an indictment with the Grand Jury, Filing a felony complaint with the County Court, Filing an information with the District Court
The Sixth Amendment guarantees which of the following?
Speedy and public trial, trial by jury in felony cases.
Excessive bail, excessive fines, cruel and unusual punishment are items addressed specifically in which of the following Amendments?
Eighth Amendment
What portion of what document is known as the American "Bill of Rights"?
The first ten Amendments to the Constitution.
An undercover officer is in a neighborhood asking questions. He is seen by a drug dealer who has just exited his home and thinking the officer is someone, who owes him money, he shoots and kills the officer. Can the drug dealer be charged with 1st degree Murder of a Police Officer?
No, the drug dealer did not know he was a police officer.
Through a gross deviation from a standard of care, a person negligently causes the death of another. This is an element of which of the following offense?
Criminal Negligent Homicide
Which of the following statements identifies one goal of the Colorado Children's Code?
To preserve and strengthen family ties whenever possible.
After a juvenile is taken into custody for committing a crime, and has subsequently appeared on the charges in District Court, what outcome may occur?
Adjudication (sentenced) if found guilty of the offense.
Which of the following statements would be correct in relation to the definition of criminal negligence?
"Through a gross deviation from a standard of care."
Which of the following are correct as elements of complicity?
He or she aids and abets another OR He or she offers advice on how to commit the offense.
Which of the following would be a legally justifiable use of force and not a criminal offense?
A teacher spanking a child in a classroom after that child struck another student.
Which of the following would be true for a reasonable person to be able to use deadly physical force?
When the actor sees an occupant about to use physical force or is using physical force on a person in a dwelling or business while committing kidnapping or 1st degree burglary OR when the actor is in fear of serious bodily injury or death.

For a person to use deadly physical force against an intruder he or she must:

Show that the intruder was going to use any type of physical force against a person in the dwelling no matter how slight.
What is the difference between the criminal offense of 1st and 2nd degree kidnapping?
A concession is demanded for the safe return of the victim.
Which of the below elements are correct for the criminal offense of Sexual Contact?
Any contact made by the suspect to the victim's intimate parts that is unwanted by the victim.
A criminal commits the crime of "criminal attempt" if he engages in conduct, which constitutes taking ______ towards committing a criminal offense.
A substantial step.
Which of the following criminal elements conform to the crime of Manslaughter?
A person through a reckless act causes the death of another.
When referring to Title 18­-6­-401, child abuse, the term "Child" refers to:
A person under the age of 16.
The Supreme Court ruled in the Gault vs. U.S. (378 U.S. 1 1967) that children have certain rights. Keeping this in mind which of the following statements are correct?
The protection of rights as if an adult.
Which of the following is an element of murder in the second degree?
Knowingly cause the death of another person but without deliberation.
A security guard or a theft prevention official may use reasonable physical force when?
When trying to prevent the commission of the theft if reasonable.
A person plans to cause the death of a particular person. He attempts to shoot her but misses and kills an innocent bystander. What is the criminal offense?
Murder 1st degree
Colorado Revised Statute 19­-1­-307, reports pertaining to children, particularly child abuse and neglect reports are:
Confidential with limited access.
You take a juvenile into custody for a criminal offense. After advising both the the child and the parents of Miranda the parent's agree to let you question the child, but the child requests an attorney. Which of the below statements would be your correct action:
Do not question the juvenile until the juvenile has had the opportunity to contact an attorney.
Which of the following are criminal elements for the offense of Manslaughter?
Aiding another person in committing suicide.
When a person slips a controlled substance or any drug into someone's drink at a bar, and that person's intent was to cause the person to lose consciousness and the person does, what criminal offense has been committed?
2nd degree assault.
For the purpose of the Colorado Children's Code, a child is defined as a person under the age of:
18 years old
At what age must a child be before the child can be found guilty of committing a criminal offense?
10 years old
Colorado Revised Statutes 19­-3­-203, a guardian ad litem may be appointed for what purpose?
Protect the interest of a child during court proceedings.
Sally is forced to touch the intimate parts of John when he grabbed her hand with his and brought her hand down to his groin. What criminal offense has John committed?
Sexual Contact
With the intent to thereby force the victim or another to make any concession or give up anything of value to secure the safe release of another are criminal elements to the crime of?
1st degree kidnapping
The following are of the culpable mental elements when a subject commits a crime that isn't strict liability?
Recklessly, Knowingly, Intentionally, Negligently
Which of the following is an example of an inchoate offense?
A person purposefully and slowly poisons her spouse but is caught before significant harm results.
One of the elements of Criminal Conspiracy is "He agrees with one or more person and they engage in conduct which would constitute as crime." What is the other element which must be proven?
An overt act in pursuance of.
Sexual assault on a child's main element is?
Any sexual contact with a child under the age of fifteen by touching the child's intimate parts.
When an officer must remove a minor juvenile from a hostile environment, the first thing an officer should do is to:
Notify parent's
When an officer takes a juvenile into custody as a suspect in a delinquency, the officer may:
Interview the juvenile only after Miranda advisement with a parent or counsel present.
An 11 year old shoots his brother. Upon arrival you learn that there is another brother, 9 years old who was a witness. What must be done before you question the 9 year old witness?
Nothing, you can question a witness of any age without parent or guardian present.
Knowingly cause the death of another upon sudden heat of passion caused by a serious and highly provoking act by the victim. These elements are essential to which of the following offenses?
2nd degree murder
Recklessly engages in conduct, which creates a substantial risk of serious bodily injury to another. These elements are essential to the crime of?
Reckless endangerment
Acting either alone or with one or more person, commits or attempts to commit arson, robbery, burglary, kidnapping, or sexual assault and in the fight there from does cause the death of another, other than a participant. These elements are essential to prove the crime of?
1st degree murder
Sam and Earl are drinking in the bar at the Stag Inn when it closes. They remain after hours to finish their drinks when Suzy, the barmaid who is behind the bar, tells them they must leave. Earl tells her she should join them and Sam leans over the bar and slaps her buttocks and tells her she will have a good time. Officer Smith arrives and the two are arrested. What crimes have been committed?
2nd degree trespass and sexual contact
When serious bodily injury is caused by a person driving in a reckless manner what is the most appropriate charge?
Vehicular assault
Which of the following elements would be correct for the charge of Menacing? One of the elements is knowingly places a person in fear....and the other?
Serious bodily injury
What age must the child be for a person to be charged with the crime of Enticement of a child?
Under the age of 15
"Forcibly seizes and carries any person from one place to another" is an element specific to which of the following criminal offenses?
1st degree kidnapping
1st degree Kidnapping is a class 1 felony but can be a class 2 felony if:
If the victim is not harmed before or after being liberated
What distinguishes the crime of 3rd degree assault from reckless endangerment?
A person cannot commit 3rd degree assault without bodily injury to another.
Earl is giving guitar lessons to Sally. She is sitting on his lap and he fondles her breast. Sally has just turned 17 years old. What crime would you charge Earl with?
Sexual assault on a child by one in a position of trust
False imprisonment is a class 2 misdemeanor but becomes a class 5 felony if the person uses force, threat of force to confine the victim and;
Confines the victim for 12 hours or more. " Without legal authority and with the intent to induce another person against that other person's will to perform an act or to refrain from performing a lawful act." This is an element specific to which of the following offenses?
Criminal extortion
With the intent to cause serious bodily injury, he threatens with a deadly weapon, a police officer or firefighter in the execution of his duties. This is an element of?
1st degree assault
The victim is less than 15 years of age and the actor is at least 4 years older and the actor commits sexual penetration. This is an element of which criminal offense?
Sexual assault
For the crime of menacing to become a felony you need to prove which of the following elements?

That a weapon was used and a threat of serious bodily injury could occur.
Which of the statements would be correct concerning a situation when the Colorado Bureau of Investigation would assist or take over a criminal case?
When notified and directed to by the Governor of the state, when asked by a department head of the agency investigating.
The offender agreed with one or more persons to accomplish an unlawful purpose which amounts to a crime. These basic elements are descriptive of which of the following?
Criminal conspiracy
Title 18 defines a child, for the purpose of the offense of child abuse, as a person under the age of:
Sixteen

Sam breaks into Bob's car because it is cold and snowing and he can't stand the cold any longer. You are called to investigate. What crime has Sam committed?

2nd Degree trespass
The Colorado State Patrol has the responsibility to investigate auto theft as well as auto parts thefts in the state. What is another responsibility that it has?
Enforcement of traffic laws and motor vehicle safety on the state highways.
What is the difference between the criminal offense of 1st and 2nd degree kidnapping ?
A concession is demanded for the safe return of the victim.
Sally and John are swimming in the pool after closing hours and are asked to leave by management. Both refuse and you are called to handle the case. What criminal offense would be correct to charge them with, if any?
2nd degree trespass
Officer Smith contacts John for a traffic violation and tells him he will receive a traffic summons. John gets into a argument with Officer Smith and hits him in the face causing his nose to bleed. What criminal offense has John committed?

2nd degree assault
The definition of physical evidence is:

Evidence that can be felt or seen.
Direct evidence refers to?

Evidence which proves a fact directly such as testimony about what a witness actually saw, heard, smelled or felt and which goes directly to the defendant's guilt or innocence.
An expert witness is a witness who:

Has, by virtue of training and experience, unique knowledge which can assist the trier of fact (the judge or jury).
Tom and Sam go into a corner convenience store. There are two other customers inside at the time they enter. Tom holds a gun on them and the store employee and tells them to go into the office area of the store. In the meantime Sam clears out the cash register. They are later caught and charged with what criminal offense?
Aggravated Robbery
"Without legal authority and with the intent to induce another person against that other person's will to perform an act or to refrain from performing a lawful act." This is an element specific to which offense?
Criminal extortion
Even if a suspect lies or is evasive his/her statement may be valuable because:

Lies and evasion makes the suspect look bad in the eyes of the jury, The statement locks the suspect into an unrehearsed version of what happened, The statement can be used to impeach the defendant if he comes up with better story and testifies at trial, The statement can be used to discredit defense witnesses if their testimony is different even if the defendant does not take the stand.
Earl has taken Suzie out on a first date. Both are nineteen. Earl drives to a scenic location away from town. He asks Suzie if he can touch her breasts. She refuses to let him. He opens the truck door and tells her if she doesn't consent and cooperate she can walk back to town. Suzie then allows him to touch her. Has a crime been committed, and if so, what crime?
Unlawful sexual contact and Criminal extortion.
When serious bodily injury is caused by a person driving in a reckless manner what is the most appropriate charge?
Vehicular assault
For the Colorado Bureau of Investigation to investigate a case involving organized crime two factors must take place. They must either be asked by an agency head to assist in the investigation or?
It must cut across jurisdictional boundaries of local law enforcement.
Which of the following has the duty of security while serving Federal civil papers?

U.S. Marshalls
Evidence that is observed by an officer in plain view can be seized by the officer but he/she must give facts that:
It was discovered accidentally while conducting a legal search.
"Causes death; upon a sudden heat of passion; caused by a serious and highly provoking act of the victim." These are elements which are essential to which of the following criminal offenses?

2nd degree murder
The order for non-testimonial evidence can be issued with the information in the affidavit showing: (Rule 41.1)
Reasonable grounds but not amounting to probable cause to arrest.
What person is in charge of the Federal Department of Justice?
Federal Attorney General
Recklessly engages in conduct, which creates a substantial risk of serious bodily injury to another. These elements are essential to which of the following?
Reckless endangerment
Which of the below elements are correct for the criminal offense of Unlawful Sexual Contact?
Any sexual contact made by the suspect that is unwanted by the victim.
What degree of injury is required to meet the statutory requirement for 3rd degree assault?
Bodily injury
The offender took a substantial step toward the commission of a crime intending to complete the crime. These basic elements are descriptive of which of the following offenses?
Criminal attempt
The dying declaration is an exception to the hearsay rule and an officer can testify to statements made by the person but only when:
The person is actually unavailable to testify (dead).
The Drug Enforcement Agency has duties that include assisting local law enforcement agencies with illegal drug trafficking, training, and …
Recording and licensing of legally produced drugs.
Which of the following is NOT something the state has to establish for testimonial or real evidence to be admissible at trial?
The evidence by itself and without the support of other evidence is sufficient to at least establish probable cause if not proof beyond a reasonable doubt.
That evidence that does not directly show the fact in question but "implies" that the fact actually occurred is?
Circumstantial evidence
Grounds for the application and approval of an order for non-testimonial evidence is:
Probable cause that a crime occurred and reasonable suspicion/reasonable grounds that the suspect is involved.
A trailer pulled by a tractor trailer, with the capacity to contain and designed for the sheltering of property, which is hauled to a construction site and left there for the purpose of storing materials to be used on the project, is clearly a _________ within the statutory definition of burglary.
Building
When a "Legal Presumption" exist that a fact is true without direct proof of that fact it means:
The fact is accepted as true by the court without further proof unless it is disproved by the side opposing the fact.
Physical evidence is generally given greater weight by the court because:
It cannot lie, It cannot be affected by emotion, and It speaks for itself
"He is armed with a deadly weapon with the intent, if resisted, to kill, maim, or wound the person robbed or any other person". This is an element of which crime?
Aggravated robbery
There are certain statements that a witness or a suspect can make that would be an exception to the hearsay rule (hearsay exceptions) one of these is?
Excited utterances.
A person plans to cause the death of a particular person. He attempts to shoot her but misses and kills an innocent by stander. What is the criminal offense?
Murder 1st degree

Mr. Smith was previously convicted of sexual assault on a child. Today he is observed talking to nine year old Mary. Mr. Smith tries to convince Mary to get in his car. What crime, if any, has Mr. Smith committed?

Enticement of a child.
Who has direct authority over the U.S. Secret Service?
The Department of Treasury
A statement which is otherwise voluntary but which is taken in violation of Miranda:
Cannot be used by the prosecution in its case but can be used to impeach the defendant if he testifies.
Kevin puts dynamite under an old cinder block shed on his uncle's property. When it blows up, the windows and automobile parked in the neighbor's garage where the neighbor was working are damaged. What can Kevin be charged with?
4th degree arson
A person breaks into a house with the intent of stealing items. An occupant of the home confronts the subject and the burglar says, "I don't want to hurt you, I will leave right now." The woman in the house shoots the burglar before he can leave. Is this use of deadly physical force against an intruder covered by the, "make my day law"?
No, the woman did not have a reasonable belief that the intruder was going to use any force against any occupant of the home.
Andrew slips up beside Ray, who has fallen asleep on a park bench. Andrew takes Ray's backpack which was next to Ray and runs away with it. Andrew is later apprehended. What would you charge him with?
Theft (Theft from a person)
Recklessly causes serious bodily injury to another by means of a deadly weapon. This element is specific to which of the following criminal offenses?

2nd degree assault
Evidence which proves a fact directly without any other offering to substantiate it is?
Direct evidence
Evidence obtained that is otherwise admissible shall not be suppressed if the court determines that it was obtained as a result of:
Good faith mistake
At a domestic violence call an officer's primary goal should be which of the following:
Arrest if probable cause is present
Which of the following elements are essential to proving criminally negligent homicide?
Criminally negligent actions - and causes the death of another.
Which of the following federal agencies has the responsibility to assist you with an investigation of a bank robbery from a federally insured financial institution?
Federal Bureau of Investigation
The authority to issue an order for Non-Testimonial evidence for identification must be issued by any of the following court judges except that of? ( Rule 41.1 )
Municipal Court Judge
Which of the following criminal elements are correct for the crime of Manslaughter?
A person through a reckless act causes the death of another.
What is the specific element involved in 3rd degree burglary?
Vault or coin operated machine.
The elements of 1st degree assault include:
The injury must have resulted in a high probability of death or serious bodily injury.
Tom is behind on his house payments. He feels that the only way he will be able to get out of the this financial problem is to burn down his house and collect the insurance. He does so. What crime has he now committed by burning down the house for the insurance?
3rd degree arson
Which of the following criminal elements are included in the offense of "Robbery"?
To use force, threat, or intimidation in taking something of value.
Which of the following is NOT a "privileged" relationship with regards to communications?
Mother/child
What age must the child be for a person to be charged with the crime of Enticement of a child?
Under the age of 15
Jeff and his family were on a guided tour of the City Museum when he noticed a number of unpolished stones lying unattended on a desk in a room marked "Employees Only." He steps into the office and fills his pockets with the stones. The museum guard takes Jeff into custody after seeing a unusual bulge and could see rocks in Jeff's coat pocket, which he didn't see when he came into the museum. The rocks are of no value, being that they had been sent to the museum by a high school class for identification. What crime would you charge Jeff with?
2nd degree burglary
Which of the following is NOT an essential element of vehicular homicide?
The intent to cause death of another.
Tom sets fire to his neighbor's barn because the barnyard smell comes in through his bedroom window. Tom has committed what criminal offense?
1st degree arson
Every officer knows that evidence which is gathered through unconstitutional means is not admissible at trial. This is the "exclusionary rule." Further, every officer has heard that there is an exception to this rule if the constitutional violation was one which occurred while the officer was acting in good faith. Assume an officer recovers crucial evidence in a murder case. Assume that in recovering that evidence the officer inadvertently violated the suspect's 4th Amendment rights. Finally assume the Court did not believe the violation of the suspect's rights was inadvertent so there is no good faith exception. Under which of the following legal theories might the evidence still be admissible?
Independent Source Exception.
Every night when Max goes home, his wife says to him, "You should see the landscape job that the Greens' are having done! I don't know why you don't get another job so we could have our yard fixed up so it looks that nice!" One evening later that week, Max comes home from a bad day at work. His wife again starts on how nice the Greens' yard was looking. Max has had enough of this. He yells at his wife and says that he will show her. He goes out the garage, starts his garden tractor and starts tilling up the landscape belonging to the Greens. What would be the criminal offense committed by Max, other than "Domestic Violence" after being arrested?
Criminal Mischief
Forbidden acts or omissions of acts that do not involve any specific mental state or motivating circumstances constitute:
Strict liability offenses.
"Victim is less than age 15; actor is at least 4 years older." These two elements are found in which of the following criminal offenses?

Sexual assault on a child and sexual assault