1. 4 Kinds of Culpability - ANS-Intentionally, Knowingly, Recklessly, and Negligently
2. 4th Amendment - ANS-Prevents against unreasonable searches/seizures
3. 505 b(2) Use of Deadly Force/Chapter 5 When is a private citizen allowed to use
deadly force? - ANS-"The use of deadly force is not justifiable under this section
UNLESS the actor believes that such force is necessary to protect himself against
death, serious bodily injury, kidnapping, or sexual intercourse compelled by force or
threat"
4. CANNOT use force is you are the primary aggressor and you have NO right to resist
arrest ever even if you believe it to be unlawful
5. 508 Use of Force In Law Enforcement - ANS-*this section allows you to do what you
do as an officer* Defense+Control, controlling an actor for arrest. Deadly force
justified if preventing death or serious bodily injury to himself or such other person.
6. Required to use deadly force-threat of serious bodily injury or death and the person
has attempted or committed a forcible felony.
7. (Necessary force used to make arrest)
8. Actor - ANS-Includes, where relevant, a person guilty of an omission
9. Ages regarding Rape/Statutory Sexual Assault - ANS-Rape of a Child=Less than 13
years of age
10. Statutory Sexual Assault=Under the age of 16 years
11. and that person is: 1). 4 years older but less than 8 years older than the complainant;
or 2). 8 years older but less than 11 years older than the complainant.
12. *F1 however if person engages in sexual intercourse with a complainant under the
age of 16 years and that person is 11 or more years older than the complainant.*
13. (Considered to be a child under 13 years of age, under 16 still minor but not written
as an offense of a child)
14. Aggravated Assault - ANS-a person that inflicts serious injury upon another person or
uses a deadly weapon.
15.
16. *****a 1,2,9= Felony 1
17. a 3,4,5,6,7,8= Felony 2****
18. Article 1 section 10 - ANS-Provides strict standards for double jeopardy, as well as
the method by which criminal proceedings are to be initiated by information
19. Article 1 section 13 - ANS-Provides that excessive bail shall not be allowed, nor
excessive fines imposed
20. Article 1 section 15 - ANS-Eliminates the creation of special tribunals or commissions
to try certain types of crimes
21. Article 1 section 17 - ANS-Disallows passage of ex past facto laws. (Only applies to
penal statutes, and must impose a punishment for an act which was not punishable
at the time it was committed, or impose additional punishment to that then
prescribed)
22. Article 1 Section 21 - ANS-Provides the right to bear arms
, 23. Article 1 Section 6 - ANS-Provides that the right to trial by jury applies both to the
commonwealth and the accused.
24. Article 1 Section 8 - ANS-has been held to provide increased protection of the right to
privacy in PA searches and seizures (ex: remedy for violation of knock and announce
rule is exclusion)
25. Article 1 Section 9 - ANS-Provides strict standards for the rights of the accused in a
criminal trial. It also provides for a speedy trial that has resulted in the 180 day rule.
Sec. 9 also allows the accused to be impeached with his own suppressed voluntary
statement.
26. Bill of RIghts - ANS-Consists of 10 amendments
27. Bodily Injury - ANS-Impairment of physical condition or substantial pain
28. burglary - ANS-ALL INCLUSIVE CRIME.
29. *Can only charge other crime if it is a FELONY 1 or FELONY 2*
30. (Can't charge automobile theft in burglary because it is F3, however a theft of a
Firearm is Felony 2 so it would be chargeable). IN order to charge theft the amount
stolen would have to be above $100,000 which is a Felony 2.
31. Class+Grading - ANS-The CLASS+GRADING of the offense determines the required
route of prosecution.
32. ***Class of Offense and Grading of Offense are very important****
33. Criminal Attempt - ANS-A person commits an attempt when, with intent to commit a
specific crime, he does any act which constitutes a SUBSTANTIAL STEP toward the
commission of that crime
34. Deadly Force - ANS-Capable of causing death/serious bodily injury
35. Deadly Weapon - ANS-Any firearm, whether loaded or unloaded, or any device
designed as a weapon and capable of producing death or serious bodily injury, or
any other device or instrumentality which, in the manner in which it is used or
intended to be used, is calculated or likely to produce death or serious bodily injury.
36. Defenses for Culpability - ANS-Duress, Insanity or Guilty but Mentally Ill, Involuntary
Intoxication
37. ON THE CONTRARY:
38. Ignorance of the law is never a defense, voluntary intoxication/voluntary drugged not
a defense.
39. Disorderly Conduct Upgrade in Grading happens when... - ANS-Person persists after
you give them a reasonable warning to stop or request for them to desist.
40. (Did not comply so goes from Summary to M3)
41. Disorderly conduct with more than 2 people can be charged with failure to dispers.
42. YOU CANNOT BE DISORDERLY IN YOUR OWN HOME
43. Elements of an offense - ANS-such conduct or such attendant circumstances or such
a result of conduct as:
44. 1-is included in the description of the forbidden conduct in the definition of the
offense.
45. 2-establishes the required kind of culpability
46. 3-negatives an excuse or justification for such conduct
47. 4-negatives a defense under the statute of limitation, or
48. 5-Establishes jurisdiction or venue
49. Elements of Strangulation - ANS-KNOWINGLY or INTENTIONALLY impeding the
breathing or circulation of blood of another person by:
50. 1-Applying pressure to the throat or neck or
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Qualityexam. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $12.99. You're not tied to anything after your purchase.