Criminal Code Article 1 and 2 Flashcards
To have a crime you need three parts:
- Guilty conduct (actus reus)
- Guilty mind (mens rea)
- Causation
What are the two levels of burden of proof in a civil case
- clear and convincing evidence
- preponderance of evidence
Burdens of Proof
(High to Low)
clear and convincing evidence (civil) the plaintiff must prove to this level.
- beyond a reasonable doubt
- preponderance of evidence
(Civil) enough to make liable.
(51%) - probable cause
- reasonable suspicion (lowest
lvl)
actus reus
guilty act
mens rea
mental state (intent)
Culpable Mental States
- Intentionally
- Knowingly
- Recklessly
- Negligently
Knowingly
willfully
wantingly
impulsively,
Recklessly definition
consciously disregarding an unjustifiable risk.
negligently
- error
- accident
- mistake
- omission- obligation to do something by law but fail to do so
in a criminal case the plaintiff is____
- The state
- the state is the moving party
In a Criminal Case, only the ____ can bring the criminal case even though the individual _____ is the reporting party.
- state
- victim
In a Criminal Case, It is the ______ decision whether or not to file charges against the defendant.
prosecutor’s
In a Criminal Case, the true victim is_______.
“the People of the
State of Colorado.
In a Criminal Case, the remedy sought most often is______.
incarceration
In a Civil case the plaintiff is ____
- An individual
- an individual is most
commonly the moving party.
In Civil cases the most common remedy sought is_____
monetary damages.
(sometimes: protection
order or temporary injunction is sought)
Civil Cases are also known as what?
Torts
Two most important issues relating the criminal.
- disproving the defense
- real defense
disproving the defense
beyond a reasonable doubt
real defense
focus on the responding and investigating officers’ actions.
4 most common reasons why guilty defendants get off
- Failure of prosecutor to
properly prepare. - Mistakes, omissions, errors or
conclusions found in police
reports. - Contradictions in police
reports.
d. Statements of suspects,
witnesses very often make the
case.
Jury Instructions
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”:
lesser included offense is__
an offense which has been committed if the greater offense is proved
Rights to a Defendant
- presumption of innocence
- Legal assistance
- Preliminary hearing or waiver
- Speedy trial
- Right to a jury trial
- Affirmative Defense
- prosecution of multiple crimes
- Appellate review
- Presumption of innocence
CRS: 18-1-401
Every person is presumed innocent until proved guilty
- legal assistance
CRS: 18-1-403
all indigent persons who are charged or held for criminal acts are entitled to legal representation at state expense.
if the prosecution does not seek incarceration time than does the defendant have the right to legal assistance?
no
Preliminary hearing what type of hearing?
probable cause hearing
Preliminary hearing shows that probable causes exists:
to believe that defendant committed the crime
Who has the right to a preliminary hearing?
- Every person accused of a class
1, 2, or 3 felony. - class 4, 5, or 6 felony and the
felony requires mandatory
sentencing. - a crime of
violence.
The state has_______ to bring defendant to trial on the issues raised by any criminal complaint, information, or indictment from the date of _______
- six months (180 days)
- entry of the plea of not guilty.
Every person accused of a ___ has the right to be tried by a jury of ____ whose verdict must be _______.
- felony
- twelve
- unanimous
Any matter involving ______, the accused is entitled to a jury of ____.
- misdemeanors
- six
prosecution of multiple crimes
when any conduct of the defendant establishes the commission of more than one offense, the defendant may be prosecuted for each offense.
Every person convicted of a crime has a constitutional right to an ______. The procedural requirements of that appeal may differ depending on the _____ involved.
- appeal
- crime
Definition of Affirmative Defense
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 an affirmative defense is raised then the defendant’s guilt of the crime must be established______.
- beyond a reasonable doubt
Aid or Assist:
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
Bodily Injury
Physical pain, illness, or any impairment of physical or mental condition.
Serious Bodily Injury:
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.
Deadly Physical Force Definition
- Force intended,
- the natural and probable
consequence of which is to
produce death. - which in fact, produces death.
Deadly Weapon:
- In the manner it is used *
- or intended to be used,
- is capable of producing death
or serious bodily injury.*
Examples of Deadly Weapon
- Firearm
- Knife
- Bludgeon or:
- Any other weapon, device,
instrument, material or
substance, whether animate or
inanimate. - Hands and feet may be deadly
weapons.
Hands and feet may be deadly
weapons. Depends on______.
manner in which they are used
examples of inanimate deadly weapon
gas
Dwelling Definition:
- A building,
- used, intended to be used, or
usually used by a person - for habitation.
Are cars Dwellings in Colorado?
No
Are Tents considered a dwelling?
Yes
Firearm:
- handgun, automatic, revolver,
pistol, shotgun, - other instrument or device
capable or intended to be
capable of discharging bullets,
cartridges or other explosive
charge
Motor Vehicle:
- Any self-propelled device
- by which persons or property
may be moved, carried, or
transported - from one place to another by
land, water, or air, - except devices operated on
rails, tracks, or cables fixed to
the ground or supported by
pylons, towers, or other
structures.
Thing of Value:
- Includes any real property,
- tangible and intangible
personal property, - contract rights,
- choses in action (right to be
compinsated) - services
- confidential information,
medical record information,
and any rights of use or
enjoyment connected
therewith.
How many classes of felony are there in Colorado
6
how many classes of misdemeanor are there in Colorado
2
How many classes of petty offense are there in Colorado
1
Maximum penalty on some felonies increased if
extraordinary risk of harm
Mitigating Circumstances:
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
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.
- violence
- midpoint
- twice
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
No Limit
What is the Statute of limitations for: All other felonies
3 years
What is the Statute of limitations for: Misdemeanors
18 months
What is the Statute of limitations for Class 1 and 2 misdemeanor traffic offenses
1 year
What is the Statute of limitations for: Petty offenses
6 months
Absence from state (up to 5 years) shall be _____ from the time limits.
excluded
(CRS 18-1-1001)
Automatic protection order against any person charged with a violation of Title 18.
How long is the 18-1-1001 protection order good for?
Until final disposition of the
action”
Strict liability
- statutory rape
- vehicular homicide
- vehicular assault
no excuse or defense is allowed.
For Strict Liability crime do you need to prove a mental state.
No
Statutory Defenses
- insanity
- Impaired mental condition
- Intoxication
- Ignorance or Mistake of law
- Consent
Insanity Definition
- Diseased or defective in mind
- incapable of distinguishing
right from wrong
with respect to that act is not accountable.
Insanity defense only applies only to offenses committed___ July 1, 1995).
after
Impaired mental condition
- Mental disease or defect which does not constitute insanity;
- impaired perception or
understanding of reality; - voluntary ingestion of alcohol or
psychoactive substances. - The capacity of the accused to form
the culpable mental state is the
issue.
Intoxication
- Is a defense to those crimes which require *(specific intent)
- 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”.
Mistake of Laws normally ___ a defense to a crime in Colorado
not
Consent definition.
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,
Insufficient age meaning
Less than 10 years old no criminal liability.
(M’Naughton Test)
insanity test determining right from wrong
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
True
Complicity
- 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
Execution of public duty as a defense
- Duty of public servants
- Duties of private citizens to
assist public servants - Military service and conduct of
war - Judgments and orders of
courts
Choice of evils as a defense
- Necessary as an emergency
measure. - To avoid imminent public or
private injury. - Which is about to occur by
reason of a situation
occasioned or developed
through no conduct of the
actor. - 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 Special relationships
- Parents
- Prison/jail officials
- Common carriers
- Suicide prevention
- Physician
Defense of Persons:
Physical force:
In order to defend yourself or a third person from use or imminent use of unlawful physical force.
Defense of Persons:
Deadly physical force:
- Only if a person reasonably
believes a lesser degree of
force is inadequate. - or Reasonable grounds to
believe that he or another is in
imminent danger of being
killed or receiving (SBI) great
bodily injury - or the other person is about to
commit: kidnapping, robbery,
sexual assault, assault
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.
No
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?
Yes
Use of Deadly Force Against Intruders
(intruder definition)
- unlawful entry into a dwelling.
- Has committed, is committing,
or intends to commit a crime
against a person or property in
the dwelling. - Applies only to dwellings
(porch is not a dwelling). - Deadly force can be used by
any occupant. - No civil or criminal liability for
occupant using force resulting
in injuries or death. - Requires an unlawful entry
AND - The occupant reasonably
believes such other person
might use any physical force -
against any occupant - no
matter how slight.
Use of Deadly Force Against In Defense of Property
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.
Use of Deadly Force Against
In Defense of Premises:
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.
Affirmative Defense
- Written into Statute as a
defense - The defendant must bring it up at
the appropriate time in the CJ
process
Entrapment components
- mere opportunity
- predisposed to commit the crime
Entrapment
- An act, which would otherwise be a
crime, - is not a crime if the defendant
engaged in the conduct only
because he was INDUCED to do so.
Inchoate offenses
- Criminal Attempts
- Criminal Conspiracies
- Criminal Solicitations
Criminal attempts
- Offender
- Took a substantial step
- Intending to commit the crime
Components for Criminal Attempts
- Substantial step = any conduct.
- By act, omission or possession.
- Which is strongly corroborative of
actor’s purpose to complete the
crime. - Beyond mere preparation to
complete the crime.
Criminal Attempts Defense
Abandonment
Abandonment defense definition
complete and voluntary renunciation of crime.
True or False
Once the crime is committed the attempt merges into the
completed crime.
True
True or false
Any Incomplete crime is one class lower than the class of the actual crime attempted.
True
Conspiracy
- Agreed with one or more persons;
- To accomplish an unlawful
purpose, which amounts to a
crime
Conspiracy elements of the crime
- An overt act must be proved.
- Must prove intent.
- Complete and voluntary
renunciation.
true or false:
Once the crime is committed the Conspiracy merges into the
completed crime
false
True or False:
One-man conspiracies are possible
true
Criminal solisitation
The attempt to get someone else to commit a felony.
True or False:
If the crime, which was solicited, is committed, the
solicitation “merges” into the completed crime.
True
what is the Difference between conspiracy and accessory:
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.
Difference between conspiracy and attempt:
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.
