Statutes Flashcards
When do you have the right to enter or remain upon the premise of another? (Community Caretaking)
If it reasonably appears to be necessary to:
A) Prevent serious harm to any person or property
B) Render aid to injured or ill persons or
C) Locate missing persons
When do you have the right to stop or redirect traffic or aid motorists or other persons? (Community Caretaking)
When such action reasonably appears to be necessary to:
A) Prevent serious harm to any person or property
B) Render aid to injured or ill persons or
C) Locate missing persons
A warrant of arrest shall be in _____ and state the nature __ ___ ____. It should state the ____ when issued and the ____ or _____ where issued.
writing of the crime date county city
A warrant of arrest shall be in the name of the ____ __ ____ or the ___ where issued, be signed by and bear the ___ _ ___ _____ of the ______ having the authority to issue a warrant for the crime charged.
State of Oregon
city
title of the office
magistrate
A warrant of arrest shall _____ any ___ ____, or any ___ __ _____ officer for a person who is being supervised by the ______ _ _______ or a county community corrections agency, to ____ the person for whom the warrant was issued and to bring the person before the _____ ___ __ _____, or if the magistrate is absent or unable to act, before the ____ or ___ _______ magistrate in the same county.
command peace officer parole and probation Department of Corrections bring magistrate issuing the warrant nearest most accessible
A warrant of arrest shall specify that the arresting officer ___ enter premises, in which the officer has ____ ___ to believe the person to be arrested to be ____, without giving notice of the officer’s authority and purpose, if the ____ judge has approved a request for such ___ ________.
may probable cause present issuing special authorization
A warrant of arrest shall specify the ____ of _____ for release.
amount
security
Murder II: committed ___ (culpable mental state) except it is an affirmative defense that at the time of the homicide the defendant was under the _____ of an _____.
intentionally
influence
extreme emotional disturbance
Murder II: 10 crimes (attempt/commission, immediate flight) death of a person other than one of the participants
1- Arson 1
2- Criminal Mischief 1 by means of explosive
3- Burglary 1
4- Escape 1
5- Kidnapping 1
6- Kidnapping 2
7- Robbery 1
8- Any felony sexual offense in first degree
9- compelling prostitution
10- assault 1 and victim is under 14 OR assault 2 and victim is under 14
Murder II: By abuse when a person, ____ (culpable mental state) under circumstances __________ causes the death of a child under ___ years of age or a ______ person AND the person has previously engaged in a pattern or practice of _____ or _____ of the victim or another child under __ years of age or a ____ person OR the person causes the death by ____ or ______.
recklessly manifesting extreme indifference to the value of human life 14 dependent assault torture 14 dependent neglect maltreatment
Affirmative Defense to Murder II
Defendant was not the only participant in the underlying crime
Affirmative Defense to Murder II
Defendant did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid in the commission thereof
Affirmative Defense to Murder II
Defendant was not armed with a dangerous or deadly weapon
Affirmative Defense to Murder II
Defendant had no reasonable ground to believe that any other participant was armed with a dangerous or deadly weapon AND had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death