CLEET Certification Test Review - Questions with Verified Answers A crime may be defined as... A public offense, forbidden, which the government
... [Show More] sanctions. A suspect may invoke his/her right to counsel or right to remain silent when? At any time during the investigation. A self-incriminatory statement by a subject, falling short of a complete acknowledgement of guilt is known as what? Admission Ted broke into Sally's at 0730 while Sally was sleeping. While in the apartment, Ted intentionally set Sally's bed on fire. What crime did Ted commit? 1st Degree Arson Cases where the court of criminal appeals has interpreted statutory law in very specific cases are called what? Case Law An arrest warrant issued out of the district court charging a misdemeanor... Can be served according to what the warrant states. Malice afore-thought as used in murder in the first degree may be defined as what? Deliberate intent Normally, if you make an arrest outside your jurisdiction, you must... Make the arrest as a private citizen False arrest & false imprisonment cases are what? Criminal and Civil What are the 2 main types of municipal courts in Oklahoma? Court of record & Court of non-record A writ is... An order of the court Mary (13 y/o), gives her consent to have sexual intercourse with Sam (22 y/o). If Sam has intercourse with Mary, what crime has been committed? 1st Degree Rape Burden of proof in a civil case is... Preponderance of the evidence What amendment gives a citizen to right to not self-incriminate? The 5th Amendment The elements of civil battery are... Intentional, non-consensual, physical contact & another Person. The rights to an attorney during a police interrogation or when defendants are in custodial situations are defined in what Case Law? Miranda v. Arizona Generally, a police officer may arrest for a misdemeanor? Committed or attempted in his presence Improper service, improper venue, lack of jurisdiction, and statute of limitations are examples of... Technical defenses of a constitutional tort Reasonable grounds such as would warrant a prudent person to believe certain facts are true is what? Probable Cause Failure to exercise the necessary degree of care where a reasonable person would use under a given set of circumstances is what? Negligence The legal steps necessary to provide a violation of a criminal statute is known as... Elements of a crime The cosine effect resulting in a speed display of vehicles actual speed only affects stationary radar....... True/False True In the horizontal gaze nystagmus test there are ... 6 clues The HGN test alone in detecting BAC of .10 is... 77% The eye should be held at maximum deviation for..... 4 seconds The acronym CYMBAL stands for? Color, Year, Make, Body and License The most dangerous type of traffic stop is.... High risk felony Proper position of a patrol car when stopping a vehicle is 3ft to the left & 15ft behind The only documents that are acceptable for personal ID are immigration DL, state ID, & armed forces ID..........True/False True When accepting a prisoner from another officer, it is OK to do so without searching them again...........True/False False You should search your vehicle.... Before & after each time you transport a prisoner Name the 2 types of building entry methods Limited & Dynamic Which type of person may not be permitted to testify as a"lay" (non-expert) witness? Persons who have no knowledge of the crime If a person has been convicted & placed on a suspended sentence, & that person then commits another crime while still on probation then.... The DA may file a motion to revoke What is Indian Country as defined by 18 US Code Sect 1151? Within the limits of any Indian reservation under the Jurisdiction of the US Government/dependent Indian communities/all land allotments, the Indian title to which Has not been extinguished including rights of way What are the 3 Major federal statutes in Title 18 of the Federal Code that govern federal criminal jurisdiction in Indian country? Indian country crimes act/major crimes act/assimilative Crimes act The __________ allows federal criminal courts to borrow state criminal code to fill gaps where there is no federal law and apply it to areas under exclusive federal control. Assimilative Crimes Act A non-Indian commits a burglary the Muskogee (Creek) nation property. How will the elements of the crime be defined, and which guidelines will be used for sanctions if found guilty? Only Oklahoma Statutes What are at least 2 ways to establish who is considered to be an Indian for the purposes of criminal jurisdiction in Indian country? Tribal or Federal recognition of person as Indian/must be Considered member of federal recognized tribe A search warrant may only be served after 10:00 when.... Warrant states it may be served anytime day or night In 1914 the federal case of Week V. US established the exclusionary rule in Federal courts. The ruling means that if a peace officer obtains evidence unlawfully, the evidence.... May not be used in court In the US Supreme Court case US V. Havens, the court held that illegally seized evidence________ be used in court to ______ Could/impeach the witness because preventing perjury is so important In Mapp V Ohio, the evidence was suppressed because? The officers did not have a search warrant & were not Operating under one of the recognized exceptions The public policy reasoning behind the exclusion rule is? It will deter LEO's from illegally seizing evidence because they will know the evidence will not be admissible In Miranda V Arizona, the court assured a criminal defendant the right to ______ when said defendant was _______ An attorney/custodial interrogation Who can issue a search warrant? Judge of court having jurisdiction For evidence to be admissible it must be relevant _____ Material & competent The exception to the hearsay rule that allows the jury to hear a statement made while the declaration was still under the stress caused by the crime is commonly known as the _______ Excited utterance exception If at the end of a trial the jury entertains a reasonable doubt as to whether the State has proven the elements of the crime, they? Should acquit When the court accepts a fact as true because it cannot be seriously disputed, that is known as? Judicial notice If a peace officer has discovered a minor who has been injured & no parent of the child can be found, the officer may; Authorize treatment if the physician says immediate Treatment is necessary Sam is standing in the middle of his living room holding a .45 semiautomatic pistol when you lawfully enter his residence to serve a court summons. You are aware that Sam has been convicted of a felony and has not been pardoned. Sam has committed _______ A felony The defense of duress is _______ Available when the person is compelled to commit the act to save his/her own life _______ are all persons concerned in the commission of a crime whether a felony or misdemeanor with prior knowledge of the crime & whether the person directly commits the act, constitutions the offense or aids or abets it commissioning although not present. Principals What is the name of the crime for which the elements are: taking/of personal property/of another/without consent/intent to deprive owner of its benefits? Larceny What is the name of the crime for which the elements are: death of a human/as a direct result of an act or event which happened in the commission of a misdemeanor/caused by the defendant or a person engaged with the defendant in the commission of the misdemeanor? 1st Degree Manslaughter Pursuant to the Oklahoma Uniform Jury Instructions for the purposes of 1st Degree Arson prosecution, a building or structure is considered ______ if it actually contains 1 or more persons at the tie of the crime and is considered _________ if any part of its is normally used by any person for lodging. Occupied/inhabited In Oklahoma it can be a felony to carry a FA into establishments where beer & intoxicating beverages are consumed. Persons exempt from this law are..... Owner of establishment/peace officers/PI within scope of their business/ persons with a valid SDA, provided the Business sole purpose is not liquor. You answer a prowler call. A neighbor informs you that she heard glass breaking at the home next door. As you go to the back of the house you see someone run to the fence. Using your flashlight you can see no signs of a weapon and believe the person to be unarmed. After shouting "Police - Stop" the person starts over the fence and you believe the person is about to escape. You should ____ Determine if PC exists to believe the suspect poses a serious threat of injury to you or others [Show Less]