BMISSOURI POST TEST – 2020
QUESTIONS WITH COMPLETE solution
No time limitations on filing for these offenses - murder, 1st degree rape, forcible rape, attempted rape
in the 1st degree, sodomy 1st, attempted forcible sodomy, any class A felony
5 years of the commission of the offense - arson first degree, arson second degree, knowingly burning or
exploding - how long to commence prosecution?
6 months of its commission - any infraction must be filed within...?
Chapters 556-580 - Chapters of the MO revised criminal code
Class A Felony - 10-30 years or life in MDOC
Class B Felony - 5-15 years in MDOC
Class C Felony - 3-10 years in MDOC plus $1-10,000 fine
Class D Felony - 1 day - 1 year in county jail, or up to 7 years in MDOC, and/or a fine of $1-10,000
Class E Felony - 1 day - 1 year in county jail, or up to 4 years in MDOC, and/or a fine of $1-10,000
Class A Misdemeanor - 1 day to 1 year in county jail and/or a fine of $1 to $2000
Class B Misdemeanor - 1 day to 6 months in county jail, fine from $1-1,000
Class C Misdemeanor - 1-15 days in county jail, and/or fine of $1-750
Class D Misdemeanor - fine of up to $500
prior offendor - one who has been found guilty of one prior felony
persistent offender - one who has been found guilty or two or more felonies committed at different
times
dangerous offender - 1. being sentenced for a felony during which she knowingly murdered or
threatened the life of another AND
2. has previously been convicted of a Class A or B felony or of a dangerous felony
Suspended Execution of Sentence (SES) - record of a defendant's conviction but no jail time will be
served if probation is satisfactorily completed
Suspended Imposition of Sentence (SIS) - If probation is completed successfully, no record of conviction
will persist
Voluntary Act - Requirement in MO - A defendant is not guilty of a crime if she was forced to commit it
, True - True or False - Deadly force is not justified simply to protect personal property?
Fresh Pursuit - A legal doctrine that permits a Law-Enforcement Officer to arrest a fleeing suspect who
crosses jurisdictional lines.
When must fresh pursuit stop? - When the pursuing officer loses contact with suspect and is no longer in
their jurisdiction
Elements of attempt - 1. she has a purpose to commit an offense AND
2. she does an act which is a substantial step toward the commission of the offense
substantial step - a significant movement toward completion of an intended result
Conspiracy elements - 1. intent to promote or facilitate the offense
2. agree with one or more people that they or one of them will engage in offensive conduct
3. at least one member of the group commits an overt act in furtherance of the agreement
overt act - act done in furtherance of and designed to carry uot the purposes of a conspiracy
False - T/F An overt act need be a substantial step as required for a conviction of an attempt to commit
an offense
Four types of abuse - physical, emotional, financial, sexual
First Degree Murder in Missouri - Class A felony - knowingly causes the death of another after
deliberation upon the matter
False - it is not required - T/F - The State is required to seek death even if aggravating circumstances are
present in 1st degree murder cases
deliberation - cool reflection for any length of time no matter how brief
No, they are not - Are mentally retarded people eligible to receive the death penalty?
aggravating circumstances - Any circumstances accompanying the commission of a crime that may justify
a harsher sentence
i.e. attempted rape while committing the crime
mitigating circumstances - Any circumstances accompanying the commission of a crime that may justify a
lighter sentence - i.e. the age of the defendant, no prior convictions, etc.
physical injury - slight impairment of any function of the body or temporary loss of use of any part of the
body
serious physical injury - A physical injury which creates a substantial risk of death, or which causes death
or serious and protracted disfigurement, protracted impairment of health or protracted loss or
impairment of the function of any bodily organ
Murder in the Second Degree - Class A felony.
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