POST Criminal Law and Procedure 5

Question 1

Which of the following best describes 'actus reus'?

Accepted Answer

The voluntary physical act or unlawful omission that constitutes a crime

Answer

Actus reus is the physical, voluntary act or criminally culpable omission that, combined with mens rea, constitutes a criminal offense.

Question 2

A suspect is in custody and asks, 'Should I get a lawyer?' How should an officer respond?

Accepted Answer

Treat this as an unambiguous invocation and immediately cease questioning

Answer

Under Berghuis v. Thompkins, while an ambiguous invocation may not require cessation, the safest and recommended practice is to treat any apparent request for counsel as an invocation and stop questioning.

Question 3

A photographic lineup (photo array) must be conducted in a manner that:

Accepted Answer

Minimizes suggestion by using a blind administrator and fillers who match the description

Answer

Best practices for photo arrays include using a blind or blinded administrator and selecting fillers who match the witness's description of the perpetrator to reduce the risk of misidentification.

Question 4

Under the Castle Doctrine in states that recognize it, a person generally has the right to use deadly force:

Accepted Answer

In their home against an intruder without a duty to retreat

Answer

The Castle Doctrine removes the common law duty to retreat when a person is in their own home and faces an unlawful intruder, allowing use of deadly force in self-defense.

Question 5

An officer is dispatched to a domestic disturbance. Upon arrival, there is no ongoing violence and the victim says they do not want to press charges. The officer should:

Accepted Answer

Document the incident, check for injuries, and make an arrest if probable cause exists based on the officer's independent investigation

Answer

Officers have independent authority to make an arrest in domestic violence situations based on probable cause, regardless of the victim's wishes, and must document evidence and injuries.

POST - Peace Officer Standards and Training Practice Test

POST - Peace Officer Standards and Training Practice Test

POST Criminal Law and Procedure 5