True/False: Intoxication may never be raised as a defense to some crimes.
FALSE – both voluntary and involuntary intoxication may be raised, in certain circumstances, as a defense to some crimes.
A misdemeanor offense can carry a penalty of up to ____ months in jail.
12
This officer of the court can issue arrest warrants, search warrants, and criminal summonses.
Judge
This is when a person’s conscious objective is to cause that result or to engage in that conduct.
Intentionally
The statute of limitations for a ____________ in Kentucky is one year.
(A) Felony
(B) Misdemeanor
(C) Subpoena
(D) All of the Above
(B) Misdemeanor
True/False: If you make a legal Terry stop of an individual, you may always do a pat down of them for weapons.
False.
Bonus ($100) - what is the required legal standard to conduct a Terry frisk?
True/False: Terry v. Ohio is the leading case on use of force.
False. Graham v. Connor is the leading case.
Bonus ($100): List the Graham factors.
If a person intentionally impedes the normal breathing or circulation of blood of another person and they do so with the intention to cause harm, they can be charged with Strangulation ____ degree.
First
Bonus ($100) - What is the difference between 1st and 2nd degree?
What types of cases are handled in Circuit Court?
Felony
This mental state is when a person is aware that their conduct is of that nature or that the circumstance exists.
Knowingly
A Class D felony has a penalty period of ____ to ____ years.
(A) 1 to 5 years
(B) 5 to 10 years
(C) 1 to 10 years
(D) 2 to 5 years
(A) 1 to 5 years
Defense of ______ can be used as a legal defense for someone who used a weapon to defend off an attacker.
Self
True/False: If my intentions were good, there is no way my conduct could be considered sexual harassment.
FALSE - The impact of the conduct/behavior far outweighs the intent of the behavior.
_________ means the county in which a crime is prosecuted and this can be changed.
Venue
Your case is in Circuit Court. What office does your prosecutor work for?
This mental state is when a person fails to perceive a substantial and unjustifiable risk that the rest will occur or that the circumstance exists.
Recklessly
A Class B felony has a penalty period of ___ to ___ years.
(A) 5 to 10 years
(B) 10 to 20 years
(C) 10 to 15 years
(D) 20 to 30 years
(B) 10 to 20 years
What is the term to describe the type of evidence that tends to show a person’s innocence relating to a crime.
Exculpatory
True/False: The U.S. Supreme Court is the supreme law of the land.
False.
What do you have to have to stop someone pursuant to Terry v. Ohio?
What is this called?
Reasonable suspicion that a crime has been, is being, or is about to be committed.
A Terry Stop.
Bonus ($100): What is another name for a Terry stop in policy?
What are the 3 major components of the criminal justice system?
(1) Law enforcement
(2) Corrections
(3) Courts
This mental state is when a person is aware and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstances exist; the person does not mean for harm to result but takes the risk anyway.
Wantonly
This act is when you command or encourage another person to engage in specific conduct which would constitute that crime or an attempt to commit that crime (example: murder for hire).
(A) Criminal Solicitation
(B) Criminal Attempt
(C) Criminal Conspiracy
(D) Criminal Facilitation
(A) Criminal Solicitation
Select All that Apply: Exceptions to a warrant include:
(A) Plain view
(B) Consent
(C) Exigent circumstances
(D) C.O. request
(A) Plain View
(B) Consent
(C) Exigent Circumstances
True/False: Grabbing someone by the wrist with the intent to detain rises to physical force and would be considered a seizure under the 4th Amendment.
True
Any physical force applied to the body of a person with the intent to restrain is a seizure (Torres v. Madrid).
If the Carrolton bus tragedy, where Larry Mahoney drove while intoxicated and caused a collision with a bus, resulting in the death of 27 people, occurred today, what would be the proper charge?
Vehicular Homicide
Bonus ($100) if the answer given was 27 Counts of Vehicular Homicide.
The sovereign citizen you charged with traffic offenses is in court and is representing himself. Is this allowed and if so, what is it called?
Yes.
Pro se.
What are offenses called that do not have a mental state required?
Absolute Liability offenses.
Bonus ($100) - give an example of an absolute liability offense.
An officer who is being investigated by PSU will be compelled to give a statement to PSU. This compelled statement cannot be used against the officer in a criminal prosecution. This right against self-incrimination is called what?
Garrity right.
This term or phrase (3 words) refers to the process of accounting for the custody of evidence from collection until trial:
Chain of Custody