Act 235 NCC Flashcards
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Questions and Answers

In 1974, the PA General Assembly realized what?

  • All of the above (correct)
  • None of the above
  • Some of the above
  • Under the lethal weapons training act, all of the following are considered a crime of violence except?

  • Robbery
  • Simple assault (correct)
  • Aggravated assault
  • Murder
  • By definition, a lethal weapon contains all of the following except?

  • Bat
  • Chemical mace (correct)
  • Knife
  • Firearm
  • Renewal of the Act 235 license must be completed within _____ of the expiration of the original certification.

    <p>six months</p> Signup and view all the answers

    A person who is employed for the purpose of providing watch guard, protective patrol or detective services is part of the definition of?

    <p>Privately employed agent</p> Signup and view all the answers

    If a certified agent has a change in physical, psychological or criminal history, he must notify the department within _____ days of the change.

    <p>5</p> Signup and view all the answers

    Once the Act 235 course is completed and a certificate is issued, the certification lasts for a period of _____ years.

    <p>five</p> Signup and view all the answers

    There are two classes of certification provided through Act 235. They are?

    <p>Firearms and non-firearms</p> Signup and view all the answers

    Which of the following is a true statement?

    <p>Use of force is justifiable when necessary for self-protection</p> Signup and view all the answers

    Which of the following statements is false?

    <p>No force may be used by private persons to prevent a forcible felony</p> Signup and view all the answers

    Force switch under circumstances capable of causing death or serious bodily injury is defined as?

    <p>deadly force</p> Signup and view all the answers

    Deadly force is justified under the following conditions?

    <p>A person to be arrested has committed or attempted a forcible felony, attempting to escape, or poses a deadly threat.</p> Signup and view all the answers

    The First Amendment protects the rights to free speech, but which of the following may be restricted by the courts?

    <p>All of the above</p> Signup and view all the answers

    In the case of Brandenburg v. Ohio, what did the court rule about subversive speech?

    <p>Such speech may not be prohibited unless it incites or produces imminent lawless action.</p> Signup and view all the answers

    What does the exclusionary rule established in Weeks v. United States in 1914 state?

    <p>All evidence obtained through an illegal search may be excluded from trial.</p> Signup and view all the answers

    What are the exceptions to needing a search warrant?

    <p>All of the above</p> Signup and view all the answers

    By definition, under the Fourth Amendment, a search warrant occurs when?

    <p>A person expects privacy in the thing searched.</p> Signup and view all the answers

    Under the Fifth Amendment, which statement is true?

    <p>No person has to answer for a capital crime unless on indictment</p> Signup and view all the answers

    What is the common name for the 14th Amendment?

    <p>The Equal Rights Amendment</p> Signup and view all the answers

    There are _____ classifications of offenses listed in the crimes code.

    <p>seven</p> Signup and view all the answers

    What is the maximum sentence for a misdemeanor of the 1st degree?

    <p>Not more than five years.</p> Signup and view all the answers

    If convicted of a summary offense, what is the potential maximum sentence?

    <p>Not more than 90 days.</p> Signup and view all the answers

    A person is guilty of a criminal attempt if?

    <p>He commits any act which constitutes a substantial step toward committing the crime.</p> Signup and view all the answers

    If John starts a fight with Jason causing bruising, what could he be guilty of?

    <p>Simple assault.</p> Signup and view all the answers

    A person commits the crime of recklessly endangering if he recklessly places another person in danger of?

    <p>Serious bodily injury or death.</p> Signup and view all the answers

    If a person restrains another unlawfully, he commits the felony of?

    <p>Kidnapping.</p> Signup and view all the answers

    What constitutes failure to prevent a catastrophe?

    <p>He fails to take responsible measures to prevent or mitigate the catastrophe, knowing he has duties to do so.</p> Signup and view all the answers

    A person is guilty of ________ if he enters a building with intent to commit a crime.

    <p>burglary</p> Signup and view all the answers

    What is considered movable property?

    <p>Property that can be changed in location, including documents and items fixed to the ground.</p> Signup and view all the answers

    Pennsylvania has no statute for making citizen's arrests. Any authority is derived from which crime code section?

    <ol start="508"> <li></li> </ol> Signup and view all the answers

    Regarding citizen's arrests, what should a citizen understand?

    <p>All of the above</p> Signup and view all the answers

    A person is guilty of theft if he unlawfully takes or exercises control over __________ or unlawfully transfers or exercises control over __________.

    <p>movable property, immovable property.</p> Signup and view all the answers

    Study Notes

    Act 235 Overview

    • Enacted in 1974 by the PA General Assembly to regulate the use and training for lethal weapons.
    • Certification under Act 235 lasts for five years after course completion.

    Lethal Weapons Training Act

    • Crimes of violence include various offenses, with simple assault being an exception.
    • A lethal weapon does not include chemical mace.

    Certification and Renewal

    • Renewal of the Act 235 license is required within six months post-expiration.
    • Two classes of certification available: firearms and non-firearms.

    Private Detective Act of 1953

    • A private detective business encompasses a variety of services, falling under the same regulatory framework.

    Use of Force Regulations

    • Justifiable use of force is permitted to protect oneself from unlawful actions.
    • A false statement claims that no force can be used to prevent a forcible felony; this is incorrect.
    • Deadly force can be justified under circumstances involving a forcible felony or imminent threat to human life.

    First Amendment Protections

    • The First Amendment protects free speech, but subversive speech and other categories may be restricted when inciting illegal actions.

    Exclusionary Rule

    • Established by the case of Weeks v. United States, excluding evidence obtained by illegal searches from trial.
    • Exceptions to the search warrant requirement include consent, plain view, incident to arrest, motor vehicle, open fields, and exigent circumstances.

    Fourth and Fifth Amendments

    • A search warrant is valid only when there is an expectation of privacy.
    • Under the Fifth Amendment, no person may be deprived of due process, testify against themselves, or face capital charges without grand jury indictment.

    Fourteenth Amendment

    • Often referred to as the Equal Rights Amendment, ensuring equal protection under the law.

    Classifications of Offenses

    • Seven classifications of offenses are outlined in the crimes code.
    • Maximum sentence for a first-degree misdemeanor is not more than five years, while a summary offense carries a maximum of 90 days.

    Criminal Attempt and Assault

    • A criminal attempt occurs if a substantial step towards committing the crime is taken.
    • Simple assault occurs when physical harm, requiring only minimal medical attention, is inflicted on another person.

    Recklessly Endangering and Other Offenses

    • Recklessly endangering occurs when another person is placed at risk of serious bodily injury or death.
    • Restraint of another's liberty unlawfully constitutes a felony.

    Burglary and Theft

    • Burglary involves unlawful entry into a structure with intent to commit a crime inside.
    • Theft includes unlawful taking or control of movable and immovable property.

    Citizen's Arrest

    • Pennsylvania lacks a specific statute regarding citizen's arrest; authority is derived from Section 508 of the crime code.
    • Citizens must understand the limitations and responsibilities involved in making arrests.

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    Description

    Test your knowledge of Act 235 and related laws with these flashcards. This quiz covers definitions and important details related to the Pennsylvania General Assembly's recognition of lethal weapons. Perfect for anyone preparing for examinations or just curious about these regulations.

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