MCOLES Review Questions and Answers 100% Correct, Exams of Judicial Systems

Download MCOLES Review Questions and Answers 100% Correct and more Exams Judicial Systems in PDF only on Docsity! MCOLES Review Questions and Answers 100% Correct 4th Amendment - ANSWER-Freedom from unreasonable searches and seizures 5th Amendment - ANSWER-The Right to Remain Silent/Double Jeopardy, right to due process 6th Amendment - ANSWER-Right to a speedy trial 14th Amendment - ANSWER-Expands and reinforces due process Procedural Due Process - ANSWER-This is the procedure that the government has to follow while it is seeking to deprive people of their life, liberty, or property (examples: right to counsel, right to a jury trial, rights against self-incrimination) Substantive Due Process - ANSWER-This is the actual power of the government to deprive people of their life, liberty, or property. In general, the more of a person's life, liberty, or property will be affected, the more compelling the government's reason for the law must be. District Court - ANSWER--Hears small claims up to $5,000 -Hears law suits up to $25,000 or less -Hears criminal trials for 1-year misdemeanors or less -Holds all arraignments Circuit Court - ANSWER--Hears civil suits of more that $25,000 -Hears felonies and high court misdemeanors -Distributes PPO's Actus Reus - ANSWER-guilty act Mens Rea - ANSWER-guilty mind/criminal intent Specific Intent - ANSWER-Not only does the prosecutor have to prove that the defendant did certain acts, but also that he did the acts with the intent to cause a particular result General Intent - ANSWER-The defendant intended to do the act, but did not intend to cause a particular result Corpus Delicti - ANSWER-Body of the crime (the elements) Attempt - ANSWER-1. Defendant intended to commit and offense 2. Defendant took some action toward committing the alleged crime but failed to complete the crime. Planning/prep is not considered and attempt. The action must go to the point where the crime would have been completed if it had not been interrupted by outside circumstances. Conspiracy - ANSWER-1. The defendant and one of more persons knowingly agreed to commit a crime 2. The defendant specifically intended to commit or help commit that crime Assault - ANSWER-- 93-day misdemeanor 1. The defendant either attempted to commit a battery or did and act that would cause a reasonable person to fear and immediate battery. 2. The defendant indented either to commit a battery or to make the victim reasonably fear an immediate battery. 3. The defendant, at the time, had the ability to commit a battery, appeared to have the ability, or thought he had the ability. Assault and Battery - ANSWER-- 93-day misdemeanor 1. The defendant committed a battery on the victim. The battery must have been intentional and must have been against the victim's will. It doesn't matter if this caused injury or not. 2. The defendant intended to commit a battery upon the victim, or at least make the victim fear and immediate battery. Assault of a Police Officer - ANSWER-1. The defendant assaulted, battered, wounded, resisted, obstructed, or endangered a police officer. 2. The defendant knew or had reason to believe that the person was a police officer performing his duties at the time. Felonious Assault - ANSWER-1. Defendant committed/attempted to commit a batter or committed an act that would make a reasonable person fearful of an immediate battery. 2. The defendant intended to injure or make the victim reasonably fear an immediate battery. 3. The defendant had the ability, appeared to have the ability, or though he had the ability to commit a battery. 4. The defendant committed the assault with a dangerous weapon (including firearm, knife, bombs, steel toe boots, etc.) Assault with Intent to Murder - ANSWER-1. Defendant tried to physically injure another person. 2. The defendant intended to kill the victim, do him great bodily harm, or knowingly created a very high risk of death. 3. When the defendant did the act that caused death, he was committing or helping someone commit a felony. 4. Killing was not justified 5. If the felony was not completed, the evidence must show that the defendant intended to commit the felony. Second Degree Murder - ANSWER-1. Defendant caused the death of the victim. 2. Defendant intended to kill, cause great bodily harm, or created a very high risk of death. 3. Killing was not justified. Voluntary Manslaughter (Heat of Passion) - ANSWER-1. Defendant caused the death of the victim 2. The defendant intended to kill the victim, do him great bodily harm, or knowingly created a very high risk of death. 3. Killing was not justified. Involuntary Manslaughter (Gross Negligence) - ANSWER-1. Acted in a grossly negligent manner. 2. At the time of the act, the defendant had the intent to hurt or injure the deceased. Larceny from a Person - ANSWER-1. Defendant took someone else's property. 2. Property was taken without consent. 3. There was some movement of the property. 4. Property was taken from the victim's person or from the victim's immediate area of control. 5. Defendant intended to permanently deprive the victim of the property. Unarmed Robbery - ANSWER-1. Defendant used force or violence or assaulted the victim or put the victim in fear. 2. Defendant did so while in the course of committing a larceny 3. The victim was present. Armed Robbery - ANSWER-1. Defendant used force or violence or assaulted the victim or put the victim in fear. 2. Defendant did so while in the course of committing a larceny. 3. Victim was present while the defendant was in the course of committing the larceny. 4. While in the course of committing the larceny, the defendant did any of the following: a. Possessed a dangerous weapon. b. Possessed any other object capable of causing death or serious injury. c. Possessed an object used or fashioned to believe it was a weapon. d. Represented orally or otherwise that they were in possession of a weapon. Carjacking - ANSWER-1. Defendant used force or violence, threatened force or violence, assaulted, or put in fear the victim. 2. Defendant did so while in the course of committing a larceny of a motor vehicle. 3. The victim was the operator, passenger, person in lawful possession, or person attempting to recover possession of the vehicle. Malicious Destruction of Property - ANSWER-1. The property belonged to someone other than the defendant. 2. The defendant destroyed or damaged the property 3. The defendant did not have just cause or excuse 4. The defendant intended to cause the damage Larceny - ANSWER-1. Defendant took someone else's property. 2. Property was taken without consent. 3. There was some movement of the property. 4. Defendant intended to permanently deprive the owner of the property. Larceny from a Building - ANSWER-1. Defendant took someone else's property. 2. Property was taken without consent. 3. There was some movement of the property. 4. Property was taken from a building. 5. Property was worth something when it was taken. 6. Defendant intended to permanently deprive. Retail Fraud 1st Degree - ANSWER-Steals something from a store that is priced $1,000 or more Retail Fraud 2nd Degree - ANSWER-Steals something from a store that is priced $200 or more, but less than $1,000 Retail Fraud 3rd Degree - ANSWER-Steals something from a store that is priced less than $200 Resisting and Obstructing - ANSWER-1. Defendant assaulted, battered, wounded, obstructed, or endangered an officer. 2. Defendant knew the person was hen an officer performing his duties. 3. Defendant's actions were intended by the defendant. Inactive Resistance - ANSWER-Resistance that may include psychological intimidation and/or verbal resistance Passive Resistance - ANSWER-Nonviolent opposition to authority, especially a refusal to cooperate with legal requirements. Active Resistance - ANSWER-Any action by a subject that attempts to prevent an officer from gaining control of the subject. Active Aggression - ANSWER-Physical assaults/actions against the officer (less than deadly force). Deadly Force Assault - ANSWER-Any force used against an officer or another person that may result in great bodily harm or the loss of human life. Officer Presence/Verbal Commands - ANSWER-Identification of authority (uniformed presence or identification as a police officer). Compliance Controls - ANSWER-Soft empty hand techniques (joint locks, pressure points, going hands on). Used when verbal commands are not effective and there is noncompliance with lawful orders. Physical Controls - ANSWER-Hard empty hand techniques. Used when verbal commands and compliance controls don't work. Intermediate Controls - ANSWER-These are only justified when previous attempts are unsuccessful. These include TASER, impact weapons, and OC spray. Deadly Force - ANSWER-Any force that has a reasonable probability to cause death. Mandibular Angle Pressure Point - ANSWER-Located behind the base of the ear lobe. Press in and forward. Hypoglossal Pressure Point - ANSWER-Inch down from the jaw and inch forward. Press up and in. Brachial Plexus Origin Pressure Point - ANSWER-Halfway down and in the center of the neck. Hit and stick. Brachial Plexus Tie-In Pressure Point - ANSWER-Located where the pec meets the shoulder. Punch (hit and stick) Suprascapular Motor Point - ANSWER-Located on the traps. Hit and stick with both hands with a down and inward movement. Infra Orbital Pressure Point - ANSWER-Press inward and upward under the nose with the knuckle of your index finger Brachial Plexus Clavical Notch - ANSWER-At the base of the neck at the top of the sternum. Press in and down. Radial Nerve Motor Point - ANSWER-Located approximately two inches below the elbow joint on the top of the forearm. Hit and stick in a downward motion. 2. Personal Contact 3. Pre-Arrest Screening What are the three chemical tests you can offer an OWI suspect? - ANSWER-Breath test, blood test, urine test Which chemical test is the most accurate at determining someones BAC? - ANSWER- Blood test At what BAC should someone be taken to the hospital? - ANSWER-BAC of .30 or above When can you take a CDL driver out of service for 24 hours? - ANSWER-A BAC of .015 or above What are the three standardized field sobriety tests - ANSWER-1. Horizontal Gaze Nystagmus 2. Walk and Turn 3. One-Leg Stand Which sobriety test is the most accurate? - ANSWER-Horizontal Gaze Nystagmus How many clues are there for the HGN test? What are they? - ANSWER-6 clues total, 3 for each eye 1. Lack of smooth pursuit 2. Distinct and sustained nystagmus at maximum deviation 3. Onset of nystagmus prior to 45 degrees How many clues are there for the Walk and Turn test? What are they? - ANSWER-8 clues total 1. Can't keep balance while listening to instructions 2. Starts before instructions are finished 3. Stops walking to steady themselves 4. Incorrect number of steps 5. Incorrect turn 6. Uses arms for balance 7. Doesn't touch heel to toe 8. Loses balance while walking (steps off line) How many clues are there for the One-Leg Stand test? What are they? - ANSWER-4 clues total 1. Sways while balancing 2. Puts leg down 3. Hops to keep balance 4. Uses arms for balance What kinds of questions should you ask on OWI stops? - ANSWER-Open ended questions that divide the attention Ask for more than one thing at a time