Statutes Flashcards

1
Q

When do you have the right to enter or remain upon the premise of another? (Community Caretaking)

A

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

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2
Q

When do you have the right to stop or redirect traffic or aid motorists or other persons? (Community Caretaking)

A

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

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3
Q

A warrant of arrest shall be in _____ and state the nature __ ___ ____. It should state the ____ when issued and the ____ or _____ where issued.

A
writing
of the crime
date
county
city
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4
Q

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.

A

State of Oregon
city
title of the office
magistrate

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5
Q

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.

A
command
peace officer
parole and probation
Department of Corrections
bring
magistrate issuing the warrant
nearest
most accessible
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6
Q

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 ___ ________.

A
may
probable cause
present
issuing
special authorization
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7
Q

A warrant of arrest shall specify the ____ of _____ for release.

A

amount

security

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8
Q

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 _____.

A

intentionally
influence
extreme emotional disturbance

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9
Q

Murder II: 10 crimes (attempt/commission, immediate flight) death of a person other than one of the participants

A

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

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10
Q

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 ______.

A
recklessly
manifesting extreme indifference to the value of human life
14
dependent
assault
torture
14
dependent
neglect
maltreatment
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11
Q

Affirmative Defense to Murder II

A

Defendant was not the only participant in the underlying crime

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12
Q

Affirmative Defense to Murder II

A

Defendant did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid in the commission thereof

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13
Q

Affirmative Defense to Murder II

A

Defendant was not armed with a dangerous or deadly weapon

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14
Q

Affirmative Defense to Murder II

A

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

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