Mid-Term Review

Question 1

Describe the physical injury levels

Answer 1

• “Physical injury” means impairment of physical condition or substantial pain.
• “Serious physical injury” means physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

Question 2

What is a Dangerous Weapon and Deadly Weapon?

Answer 2

• “Dangerous weapon” means any weapon, device, instrument, material or substance which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury.
• “Deadly weapon” means any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury.

Question 3

What are the levels of Physical Force?

Answer 3

• “Deadly physical force” means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury.
• “Physical force” includes, but is not limited to, the use of an electrical stun gun, tear gas or mace.

Question 4

Assault in the IV Degree is?

Answer 4

(1) A person commits the crime of assault in the fourth degree if the person:
(a) Intentionally, knowingly or recklessly causes physical injury to another;
(b) With criminal negligence causes physical injury to another by means of a deadly weapon; or
(c) With criminal negligence causes serious physical injury to another who is a vulnerable user of a public way, as defined in ORS 801.608 (“Vulnerable user of a public way”), by means of a motor vehicle.

Question 5

Assault in the III degree is?

Answer 5

(1) A person commits the crime of assault in the third degree if the person:
(a) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon;
(b) Recklessly causes serious physical injury to another under circumstances manifesting extreme indifference to the value of human life;
(c) Recklessly causes physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life;
(d) Intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a public transit vehicle while the operator is in control of or operating the vehicle. As used in this paragraph, “public transit vehicle” has the meaning given that term in ORS 166.116 (Interfering with public transportation);
(e) While being aided by another person actually present, intentionally or knowingly causes physical injury to another;
(f) While committed to a youth correction facility, intentionally or knowingly causes physical injury to another knowing the other person is a staff member while the other person is acting in the course of official duty;
(g) Intentionally, knowingly or recklessly causes physical injury to an emergency medical services provider, as defined in ORS 682.025 (Definitions), while the emergency medical services provider is performing official duties;
(h) Being at least 18 years of age, intentionally or knowingly causes physical injury to a child 10 years of age or younger;
(i) Intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a taxi while the operator is in control of the taxi; or
(j) Intentionally, knowingly or recklessly causes physical injury to a flagger or a highway worker while the flagger or highway worker is performing official duties.

Question 6

Assault in the II degree is?

Answer 6

(1) A person commits the crime of assault in the second degree if the person:
(a) Intentionally or knowingly causes serious physical injury to another;
(b) Intentionally or knowingly causes physical injury to another by means of a deadly or dangerous weapon; or
(c) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life.

Question 7

Assault in the I degree is?

Answer 7

(1)A person commits the crime of assault in the first degree if the person:
(a)Intentionally causes serious physical injury to another by means of a deadly or dangerous weapon;
(b)Intentionally or knowingly causes serious physical injury to a child under six years of age;
(c)Violates ORS 163.175 (Assault in the second degree) knowing that the victim is pregnant; or
(d)Intentionally, knowingly or recklessly causes serious physical injury to another while operating a motor vehicle under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants) and:
(A)The person has at least three previous convictions for driving while under the influence of intoxicants under ORS 813.010 (Driving under the influence of intoxicants), or its statutory counterpart in any jurisdiction, in the 10 years prior to the date of the current offense

Question 8

When do we Mirandize?

Answer 8

Police
Interrogation
Custody

Question 9

Name the Warrant Exceptions

Answer 9

• Community Car & Emergency Aid
  
  • Consent
  • Open View
  • Plain View
  • Incident to arrest
  • Exigent Circumstances
  • Inventories
  • Lost Property
  • Abandoned property
  • Open field
  • Mobile vehicle exception

Question 10

Define Culpable Mental State?

Answer 10

“Culpable mental state” means intentionally, knowingly, recklessly or with criminal negligence

Question 11

What are the differences between Burglary II & I?

Answer 11

Burglary II involves a Building and Burglary I involves a dwelling

Question 12

What do you need for a Terry Stop?

Answer 12

• Reasonable Suspicion

- Is, has, or about to commit a crime

Question 13

Tran, an asian male who grew up in Aloha, weighed ______ during his 30’s when he was yoked.

Answer 13

200lbs