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Jeffco/ Lakewood Week 2 > Criminal Code Article 1 and 2 > Flashcards

Criminal Code Article 1 and 2 Flashcards

1
Q

To have a crime you need three parts:

A
  1. Guilty conduct (actus reus)
  2. Guilty mind (mens rea)
  3. Causation
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2
Q

What are the two levels of burden of proof in a civil case

A
  1. clear and convincing evidence
  2. preponderance of evidence
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3
Q

Burdens of Proof
(High to Low)

A

clear and convincing evidence (civil) the plaintiff must prove to this level.

  1. beyond a reasonable doubt
  2. preponderance of evidence
    (Civil) enough to make liable.
    (51%)
  3. probable cause
  4. reasonable suspicion (lowest
    lvl)
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4
Q

actus reus

A

guilty act

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5
Q

mens rea

A

mental state (intent)

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6
Q

Culpable Mental States

A
  1. Intentionally
  2. Knowingly
  3. Recklessly
  4. Negligently
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7
Q

Knowingly

A

willfully
wantingly
impulsively,

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8
Q

Recklessly definition

A

consciously disregarding an unjustifiable risk.

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9
Q

negligently

A
  1. error
  2. accident
  3. mistake
  4. omission- obligation to do something by law but fail to do so
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10
Q

in a criminal case the plaintiff is____

A
  1. The state
  2. the state is the moving party
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11
Q

In a Criminal Case, only the ____ can bring the criminal case even though the individual _____ is the reporting party.

A
  1. state
  2. victim
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12
Q

In a Criminal Case, It is the ______ decision whether or not to file charges against the defendant.

A

prosecutor’s

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13
Q

In a Criminal Case, the true victim is_______.

A

“the People of the
State of Colorado.

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14
Q

In a Criminal Case, the remedy sought most often is______.

A

incarceration

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15
Q

In a Civil case the plaintiff is ____

A
  1. An individual
  2. an individual is most
    commonly the moving party.
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16
Q

In Civil cases the most common remedy sought is_____

A

monetary damages.

(sometimes: protection
order or temporary injunction is sought)

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17
Q

Civil Cases are also known as what?

A

Torts

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18
Q

Two most important issues relating the criminal.

A
  1. disproving the defense
  2. real defense
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19
Q

disproving the defense

A

beyond a reasonable doubt

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20
Q

real defense

A

focus on the responding and investigating officers’ actions.

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21
Q

4 most common reasons why guilty defendants get off

A
  1. Failure of prosecutor to
    properly prepare.
  2. Mistakes, omissions, errors or
    conclusions found in police
    reports.
  3. Contradictions in police
    reports.
    d. Statements of suspects,
    witnesses very often make the
    case.
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22
Q

Jury Instructions

A

1.Trial judges are probably
reversed more often on appeal
because of incorrect
instructions than any other
reason.
2. Defendant’s theory of the case
must be given.
3. Juror’s do not understand
instructions but try to follow
them.
5. “Lesser included offenses”:

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23
Q

lesser included offense is__

A

an offense which has been committed if the greater offense is proved

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24
Q

Rights to a Defendant

A
  1. presumption of innocence
  2. Legal assistance
  3. Preliminary hearing or waiver
  4. Speedy trial
  5. Right to a jury trial
  6. Affirmative Defense
  7. prosecution of multiple crimes
  8. Appellate review
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25
Q
  1. Presumption of innocence
A

CRS: 18-1-401
Every person is presumed innocent until proved guilty

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26
Q
  1. legal assistance
A

CRS: 18-1-403
all indigent persons who are charged or held for criminal acts are entitled to legal representation at state expense.

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27
Q

if the prosecution does not seek incarceration time than does the defendant have the right to legal assistance?

A

no

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28
Q

Preliminary hearing what type of hearing?

A

probable cause hearing

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29
Q

Preliminary hearing shows that probable causes exists:

A

to believe that defendant committed the crime

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30
Q

Who has the right to a preliminary hearing?

A
  1. Every person accused of a class
    1, 2, or 3 felony.
  2. class 4, 5, or 6 felony and the
    felony requires mandatory
    sentencing.
  3. a crime of
    violence.
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31
Q

The state has_______ to bring defendant to trial on the issues raised by any criminal complaint, information, or indictment from the date of _______

A
  1. six months (180 days)
  2. entry of the plea of not guilty.
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32
Q

Every person accused of a ___ has the right to be tried by a jury of ____ whose verdict must be _______.

A
  1. felony
  2. twelve
  3. unanimous
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33
Q

Any matter involving ______, the accused is entitled to a jury of ____.

A
  1. misdemeanors
  2. six
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34
Q

prosecution of multiple crimes

A

when any conduct of the defendant establishes the commission of more than one offense, the defendant may be prosecuted for each offense.

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35
Q

Every person convicted of a crime has a constitutional right to an ______. The procedural requirements of that appeal may differ depending on the _____ involved.

A
  1. appeal
  2. crime
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36
Q

Definition of Affirmative Defense

A

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

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37
Q

if an affirmative defense is raised then the defendant’s guilt of the crime must be established______.

A
  1. beyond a reasonable doubt
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38
Q

Aid or Assist:

A

Knowingly to give or lend money or to further the activity thus aided or assisted.
1. I will get charged as a
PRINCIPLE if I aid or assist. as if
I was actually participating in
the crime Before the crime
2. after the crime if you aid or
assist you get charged as an
accessory

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39
Q

Bodily Injury

A

Physical pain, illness, or any impairment of physical or mental condition.

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40
Q

Serious Bodily Injury:

A

Bodily injury either at the time of the actual injury or at a later time, involves:
1. substantial risk of death
2. serious permanent
disfigurement
3. substantial risk of loss or
impairment of the function of
any part or organ of the body
4. breaks, fractures bones
5. Burns of the second or third
degree.

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41
Q

Deadly Physical Force Definition

A
  1. Force intended,
  2. the natural and probable
    consequence of which is to
    produce death.
  3. which in fact, produces death.
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42
Q

Deadly Weapon:

A
  1. In the manner it is used *
  2. or intended to be used,
  3. is capable of producing death
    or serious bodily injury.*
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43
Q

Examples of Deadly Weapon

A
  1. Firearm
  2. Knife
  3. Bludgeon or:
  4. Any other weapon, device,
    instrument, material or
    substance, whether animate or
    inanimate.
  5. Hands and feet may be deadly
    weapons.
44
Q

Hands and feet may be deadly
weapons. Depends on______.

A

manner in which they are used

45
Q

examples of inanimate deadly weapon

A

gas

46
Q

Dwelling Definition:

A
  1. A building,
  2. used, intended to be used, or
    usually used by a person
  3. for habitation.
47
Q

Are cars Dwellings in Colorado?

A

No

48
Q

Are Tents considered a dwelling?

A

Yes

49
Q

Firearm:

A
  1. handgun, automatic, revolver,
    pistol, shotgun,
  2. other instrument or device
    capable or intended to be
    capable of discharging bullets,
    cartridges or other explosive
    charge
50
Q

Motor Vehicle:

A
  1. Any self-propelled device
  2. by which persons or property
    may be moved, carried, or
    transported
  3. from one place to another by
    land, water, or air,
  4. except devices operated on
    rails, tracks, or cables fixed to
    the ground or supported by
    pylons, towers, or other
    structures.
51
Q

Thing of Value:

A
  1. Includes any real property,
  2. tangible and intangible
    personal property,
  3. contract rights,
  4. choses in action (right to be
    compinsated)
  5. services
  6. confidential information,
    medical record information,
    and any rights of use or
    enjoyment connected
    therewith.
52
Q

How many classes of felony are there in Colorado

A

6

53
Q

how many classes of misdemeanor are there in Colorado

A

2

54
Q

How many classes of petty offense are there in Colorado

A

1

55
Q

Maximum penalty on some felonies increased if

A

extraordinary risk of harm

56
Q

Mitigating Circumstances:

A

a. First time offender
b. No weapon
c. Property crime
d. No injuries
e. Restitution made by defendant
f. Employed
g. Sole supporter of family
h. Attended and completed counseling

57
Q

Any person convicted of a crime of ____must be sentenced to a term of incarceration of at least to the _____ in the presumptive range, but not more than ____the maximum term.

A
  1. violence
  2. midpoint
  3. twice
58
Q

What is the Statute of limitations for: Murder, kidnapping, treason, forgery, any sex offense against a child*, or any attempts, solicitations, or conspiracies, to commit any of these crimes

A

No Limit

59
Q

What is the Statute of limitations for: All other felonies

A

3 years

60
Q

What is the Statute of limitations for: Misdemeanors

A

18 months

61
Q

What is the Statute of limitations for Class 1 and 2 misdemeanor traffic offenses

A

1 year

62
Q

What is the Statute of limitations for: Petty offenses

A

6 months

63
Q

Absence from state (up to 5 years) shall be _____ from the time limits.

A

excluded

64
Q

(CRS 18-1-1001)

A

Automatic protection order against any person charged with a violation of Title 18.

65
Q

How long is the 18-1-1001 protection order good for?

A

Until final disposition of the
action”

66
Q

Strict liability

A
  1. statutory rape
  2. vehicular homicide
  3. vehicular assault

no excuse or defense is allowed.

67
Q

For Strict Liability crime do you need to prove a mental state.

A

No

68
Q

Statutory Defenses

A
  1. insanity
  2. Impaired mental condition
  3. Intoxication
  4. Ignorance or Mistake of law
  5. Consent
69
Q

Insanity Definition

A
  1. Diseased or defective in mind
  2. incapable of distinguishing
    right from wrong
    with respect to that act is not accountable.
70
Q

Insanity defense only applies only to offenses committed___ July 1, 1995).

A

after

71
Q

Impaired mental condition

A
  1. Mental disease or defect which does not constitute insanity;
  2. impaired perception or
    understanding of reality;
  3. voluntary ingestion of alcohol or
    psychoactive substances.
  4. The capacity of the accused to form
    the culpable mental state is the
    issue.
72
Q

Intoxication

A
  1. Is a defense to those crimes which require *(specific intent)
  2. intoxication may be so severe
    as not to allow the suspect to
    form the required specific
    intent; not a defense to the
    crimes which only require
    “knowing or general intent”.
73
Q

Mistake of Laws normally ___ a defense to a crime in Colorado

A

not

74
Q

Consent definition.

A

Consent to conduct or to the infliction of injury is a defense only if the bodily injury consented to or threatened by the conduct consented to is not serious, or the conduct and the injury are reasonably foreseeable hazards of joint participation in a lawful athletic contest or competitive
sport,

75
Q

Insufficient age meaning

A

Less than 10 years old no criminal liability.

76
Q

(M’Naughton Test)

A

insanity test determining right from wrong

77
Q

True or False:
Even though a defendant is not insane, he may raise the
defense of impaired mental capacity to show his inability to
form the mental state of the crime charged

A

True

78
Q

Complicity

A
  1. Accountable as a principal for
    the behavior of another’s
    criminal conduct if with intent
    to promote or facilitate the
    commission of the crime, you aid, abet, advise, encourage the other person in the
    planning or commission of the crime.
    2.. Not a separate crime from the offense committed
79
Q

Execution of public duty as a defense

A
  1. Duty of public servants
  2. Duties of private citizens to
    assist public servants
  3. Military service and conduct of
    war
  4. Judgments and orders of
    courts
80
Q

Choice of evils as a defense

A
  1. Necessary as an emergency
    measure.
  2. To avoid imminent public or
    private injury.
  3. Which is about to occur by
    reason of a situation
    occasioned or developed
    through no conduct of the
    actor.
  4. 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.
81
Q

Use of physical force Special relationships

A
  1. Parents
  2. Prison/jail officials
  3. Common carriers
  4. Suicide prevention
  5. Physician
82
Q

Defense of Persons:
Physical force:

A

In order to defend yourself or a third person from use or imminent use of unlawful physical force.

83
Q

Defense of Persons:
Deadly physical force:

A
  1. Only if a person reasonably
    believes a lesser degree of
    force is inadequate.
  2. or Reasonable grounds to
    believe that he or another is in
    imminent danger of being
    killed or receiving (SBI) great
    bodily injury
  3. or the other person is about to
    commit: kidnapping, robbery,
    sexual assault, assault
84
Q

Can you use deadly force if:
1.You are the initial aggressor.
2. Combat by agreement.
3. You are the initial aggressor and then cease the use of force.

A

No

85
Q

Can you use deadly force if:
1.You are the initial aggressor.
2. Combat by agreement.
3. You are the initial aggressor and then YOU CEASE the use of force and if the other party continues to use force after you cease; you then a have a right to defend yourself do you have a right to defend yourself?

A

Yes

86
Q

Use of Deadly Force Against Intruders
(intruder definition)

A
  1. unlawful entry into a dwelling.
  2. Has committed, is committing,
    or intends to commit a crime
    against a person or property in
    the dwelling.
  3. Applies only to dwellings
    (porch is not a dwelling).
  4. Deadly force can be used by
    any occupant.
  5. No civil or criminal liability for
    occupant using force resulting
    in injuries or death.
  6. Requires an unlawful entry
    AND
  7. The occupant reasonably
    believes such other person
    might use any physical force -
    against any occupant - no
    matter how slight.
87
Q

Use of Deadly Force Against In Defense of Property

A

a. Property - includes all personal
property.
b. Any reasonable and
appropriate force necessary.
c. Can only use deadly force to
protect yourself or another
person.

88
Q

Use of Deadly Force Against
In Defense of Premises:

A

a. “Premises” means any building,
real estate, and all
improvements erected
thereon.
b. A person may use deadly force
only in defense of himself or
another as described in CRS 18-
1-704, or when he reasonably
believes it necessary to prevent
what he reasonably believes to
be an attempt by the trespasser
to commit first degree arson.

89
Q

Affirmative Defense

A
  1. Written into Statute as a
    defense
  2. The defendant must bring it up at
    the appropriate time in the CJ
    process
90
Q

Entrapment components

A
  1. mere opportunity
  2. predisposed to commit the crime
91
Q

Entrapment

A
  1. An act, which would otherwise be a
    crime,
  2. is not a crime if the defendant
    engaged in the conduct only
    because he was INDUCED to do so.
92
Q

Inchoate offenses

A
  1. Criminal Attempts
  2. Criminal Conspiracies
  3. Criminal Solicitations
93
Q

Criminal attempts

A
  1. Offender
  2. Took a substantial step
  3. Intending to commit the crime
94
Q

Components for Criminal Attempts

A
  1. Substantial step = any conduct.
  2. By act, omission or possession.
  3. Which is strongly corroborative of
    actor’s purpose to complete the
    crime.
  4. Beyond mere preparation to
    complete the crime.
95
Q

Criminal Attempts Defense

A

Abandonment

96
Q

Abandonment defense definition

A

complete and voluntary renunciation of crime.

97
Q

True or False
Once the crime is committed the attempt merges into the
completed crime.

A

True

98
Q

True or false
Any Incomplete crime is one class lower than the class of the actual crime attempted.

A

True

99
Q

Conspiracy

A
  1. Agreed with one or more persons;
  2. To accomplish an unlawful
    purpose, which amounts to a
    crime
100
Q

Conspiracy elements of the crime

A
  1. An overt act must be proved.
  2. Must prove intent.
  3. Complete and voluntary
    renunciation.
101
Q

true or false:
Once the crime is committed the Conspiracy merges into the
completed crime

A

false

101
Q

True or False:
One-man conspiracies are possible

A

true

101
Q

Criminal solisitation

A

The attempt to get someone else to commit a felony.

102
Q

True or False:
If the crime, which was solicited, is committed, the
solicitation “merges” into the completed crime.

A

True

103
Q

what is the Difference between conspiracy and accessory:

A

 Conspiracy consists of an agreement to commit a crime.
 Accessory does not arise until a person renders assistance
to another after the completion of a crime.

104
Q

Difference between conspiracy and attempt:

A

 If the only “overt act” of the conspiracy is the attempt and
the jury finds the suspect not guilty of the attempt, the
conspiracy automatically fails.

Jeffco/ Lakewood Week 2 (8 decks)

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