Docsity
Docsity

Prepare for your exams
Prepare for your exams

Study with the several resources on Docsity


Earn points to download
Earn points to download

Earn points by helping other students or get them with a premium plan


Guidelines and tips
Guidelines and tips

MPOETC Test 2 Solutions: US Constitution, PA Law, and Criminal Law Concepts, Exams of Constitutional Law

A comprehensive overview of key legal concepts relevant to law enforcement, particularly focusing on the us constitution, pennsylvania law, and criminal law principles. It includes explanations of fundamental rights, criminal procedure, and various legal defenses. Presented in a question-and-answer format, making it a valuable resource for students preparing for the mpoetc test 2 or anyone seeking to understand basic legal concepts.

Typology: Exams

2024/2025

Available from 04/08/2025

Examprof
Examprof 🇺🇸

4.1

(24)

2.8K documents

1 / 11

Toggle sidebar

This page cannot be seen from the preview

Don't miss anything!

bg1
MPOETC Test 2 with 93 complete
solutions.
MPOETC Test 2 with 93 complete
solutions.
US Constitution - ANSWER - Supreme law of the land -- prevails over all laws.
27 amendments
Bill of Rights
US Supreme Court does what? - ANSWER Interprets the US Constitution and hears cases regarding
federal laws.
How is the US Constitution relevant to LE? - ANSWER - contains rules:
- regarding criminal procedure
- writing, interpreting, and enforcing laws
- prohibiting violation of civil rights
What is the Bill of Rights? - ANSWER First 10 amendments to the US Constitution
1st Amendment - ANSWER Freedom of speech, press, assembly
2nd Amendment - ANSWER Right to bear arms
3rd Amendment - ANSWER No quartering of soldiers
4th Amendment - ANSWER Freedom from unreasonable searches and seizures
LEO are required to have probable cause for a warrant
pf3
pf4
pf5
pf8
pf9
pfa

Partial preview of the text

Download MPOETC Test 2 Solutions: US Constitution, PA Law, and Criminal Law Concepts and more Exams Constitutional Law in PDF only on Docsity!

solutions.

MPOETC Test 2 with 93 complete

solutions.

US Constitution - ANSWER - Supreme law of the land -- prevails over all laws.

27 amendments

Bill of Rights

US Supreme Court does what? - ANSWER Interprets the US Constitution and hears cases regarding federal laws.

How is the US Constitution relevant to LE? - ANSWER - contains rules:

  • regarding criminal procedure
  • writing, interpreting, and enforcing laws
  • prohibiting violation of civil rights

What is the Bill of Rights? - ANSWER First 10 amendments to the US Constitution

1st Amendment - ANSWER Freedom of speech, press, assembly

2nd Amendment - ANSWER Right to bear arms

3rd Amendment - ANSWER No quartering of soldiers

4th Amendment - ANSWER Freedom from unreasonable searches and seizures

LEO are required to have probable cause for a warrant

solutions.

5th Amendment - ANSWER Miranda Warnings

Freedom from self incrimination, double jeopardy

Due Process (Federal)

6th Amendment - ANSWER Speedy trial -- right to cross examine -- right to counsel -- jury trial

7th Amendment - ANSWER Federal civil courts

8th Amendment - ANSWER Free from cruel and unusual punishments -- excessive bail

9th Amendment - ANSWER Unenumerated Rights -- basic human rights

10th Amendment - ANSWER All things not given to the federal gov't, goes to the states

14th Amendment - ANSWER Due process (state)

Equal protection for all citizens

Federal Courts - ANSWER US Supreme - writ of certiorari

Circuit Courts (Appellate)

District Courts (Trial)

State Courts - ANSWER PA Supreme

Commonwealth/Superior - Appellate

Common Pleas Court - Trial

Municipal Courts

PA Sources of Law - ANSWER US Constitution - creates the floor -- can add more rights, but can't take them away.

solutions.

Civil Law - ANSWER The law concerned with non-criminal matters --- pecuniary

Criminal law requires this much proof - ANSWER beyond a reasonable doubt

Civil law requires this much proof - ANSWER preponderance of the evidence (think 51%)

Crimes Code is cited as - ANSWER Title Pa. C.S.

PA Crimes Code purpose - ANSWER 1. To forbid bad things.

  1. To make sure good things don't get called bad.
  2. To ensure offender's rights/
  3. To tell people what the crimes are and their punishments.
  4. To differentiate btwn major and minor offenses.

Actus reus - ANSWER the ACT/conduct

  • voluntary
  • or an omission to perform an act of which he is physically capable of doing so

Mens rea - ANSWER the STATE OF MIND

  • 6 possibilities: Intentionally, Knowingly, Recklessly, and Negligently

Intentionally (Mens Rea) - ANSWER engaging in the conduct or to cause a result by using one's conscious objective.

Knowingly (Mens Rea) - ANSWER practically certain that the conduct will cause such a result

-- Someone who is aware of the consequences and harm

solutions.

Recklessly (Mens Rea) - ANSWER creates substantial and unjustifiable risk even though they know it could hurt someone

-- you knew it was probably going to happen.

Culpability - ANSWER responsibility for a wrong

Who must prove each element of the offense? - ANSWER The prosecution with beyond a reasonable doubt

Insanity defense - ANSWER Burden of proof is on the defendant---has to show they weren't of "sound mind" when committing them

Entrapment defense - ANSWER 1. LEO was involved

-- LEO makes a false representation and the person believes the conduct is not illegal

-- LEO persuades someone to commit a crime, when they weren't going to in the first place

Consent defense - ANSWER willingness to allow for defendants actions

Ex. Playing a sport where you could get injured

Duress defense - ANSWER The belief of imminent danger or harm is reasonable.

Ex. Holding a gun to someones head

NOT A DEFENSE - ANSWER Voluntary intoxication

Ignorance of the law -- the CJS doesn't care if you didn't know the law existed.

De minimis infractions - ANSWER The court has discretion to excuse some conduct if it doesn't impede the case/facts -- no harm

Statute of limitations (SOL) - ANSWER Charges must be filed in a certain amount of time

solutions.

Complicity defense - ANSWER They are the victim or terminates complicity in a timely manner

Inchoate crime - ANSWER Not fully developed -- it did not actually happen, but almost did.

Inchoate grading - ANSWER The same as the crime that would have occurred

Ex. Murder 1 = felony 1

Attempted murder 1 = felony 1

Criminal attempt (inchoate) - ANSWER - the actor must intend

  • the actor creates a substantial step towards the commission of the crime

Ex of substantial step: Kidnapping a child -- buys rope, ductape, and candy to lure.

Renunciation for criminal attempt - ANSWER abandonment

  • must be voluntary and complete
  • further steps are taken to prevent

Criminal Solicitation - ANSWER - intent

  • to promote or facilitate the crime
  • requesting another to engage

Ex. Hiring a hitman

Renunciation for criminal solicitation - ANSWER - persuading the person not to engage in the crime or prevent it from occuring

Criminal conspiracy - ANSWER Substantial step was taken towards the commission

solutions.

  • have 2 or more people
  • an agreement (doesn't have to be spoken)

-- preperation/planning

Renunciation for conspiracy - ANSWER thwarting the offense

Possession - ANSWER the possessor knowingly procured or received the thing and is aware of his/her control

Burglary (3502) - ANSWER Breaking and entering into a building with the intent to commit a crime therein

Robbery (3701) - ANSWER the unlawful taking of property from a person's immediate possession by force or intimidation

Homicide (2501) - ANSWER if someone IKRN causes the death of another human being

Murder 1 (2502) - ANSWER - requires premeditation (can only be a second)

  • intentionally

Murder 2 (2502) - ANSWER - killing of someone during the commission of a felony

BARRKD -- Burglary, Arson, Robbery, Rape, Kidnapping, and Deviate Sexual intercourse

Murder 3 (2502) - ANSWER Catch all -- all other murders

Voluntary Manslaughter (2503) - ANSWER Heat of passion

solutions.

Statutory sexual assault (3122) - ANSWER intercourse with someone under the legal age of consent

  • not married

Sexual assault (3124) - ANSWER he said/she said -- catch all

  • no consent was given
  • evidence of threat of force or use of force is weak

Indecent assault (3126) - ANSWER to arouse sexual desire in defendant or alleged victim

  • w/o consent

-force or threat of force

Agg. indecent assault (3125) - ANSWER digitally (fingers)

  • w/o consent

-force

Indecent exposure (3127) - ANSWER the crime of exposing the genitals

Arson (3301) - ANSWER Deals with fire

IKRN - different subsections have different mens rea

Criminal mischief (3304) - ANSWER damaging property of another

  • grade depends on the damage amount

Criminal trespass (3503) - ANSWER the unwanted, unauthorized invasion of another person's property

--defiant and simple depending on other actions and circumstances

solutions.

Official Oppression (5301) - ANSWER A person acting in official capacity, knowingly commits conduct that is illegal, mistreats, searches, arrests, or impedes another of their rights.

Disorderly conduct (5503) - ANSWER intent to cause a PUBLIC inconvenience, annoyance, alarm, or a reckless risk thereof

Corruption of minors (6301) - ANSWER entice, aid, or encourage a minor to commit a crime or corrupts the morals