Deck 8: Justifications

Question 1

The execution of ______ justifies the acts of individuals in the criminal justice system that would ordinarily be considered criminal.

A) force
B) private duties
C) public duties
D) public safety

Answer 1

C

Question 2

Evidence that is not relevant for justification or excuse may still be relied on during the sentencing stage as a(n) ______ that may reduce the defendant's punishment.

A) extraneous circumstance
B) mitigating circumstance
C) good motive
D) jury nullification

Answer 2

B

Question 3

______ preserves the right to life and bodily integrity of an individual confronting an imminent threat of death or serious bodily harm.

A) Consent
B) Necessity
C) Self-defense
D) Insanity

Answer 3

C

Question 4

The ______ rule provides that an individual intervening "stands in the shoes" or possesses the same rights as the person whom he or she is assisting.

A) alter ego
B) objective test
C) common law
D) Wharton

Question 5

A defendant who establishes a ______ defense is able to satisfy each and every element of a justification defense and is acquitted.

A) perfect
B) beyond a reasonable doubt
C) complete
D) mitigating

Question 6

______ self-defense provides that while the defendant may not be acquitted, fairness dictates that he or she should be held liable only for the lesser serious crime.

A) Imperfect
B) Incomplete
C) Perfect
D) Complete

Question 7

The ______ provides that an individual inside the home is justified in holding his or her ground.

A) make my day doctrine
B) dwelling doctrine
C) tactical doctrine
D) castle doctrine

Question 8

______ occurs when the jury disregards the law and acquits sympathetic defendants.

A) Extraneous circumstances
B) Mitigating circumstances
C) Good motive
D) Jury nullification

Question 9

The ______ protects individuals who intervene because of a reasonable but mistaken belief.

A) alter ego
B) objective test
C) common law rule
D) Wharton rule

Question 10

Why do most states no longer allow self-defense to resist unlawful arrest?

A) Police are less corrupt than in the past.
B) Prisons and jails are safer than in the past.
C) Warrants are required to make an arrest.
D) Unlawful arrests are unconstitutional.

Question 11

______ force is a force that a reasonable person under the circumstances would be aware would cause or create a substantial risk of death or substantial bodily harm.

A) Violent
B) Deadly
C) Excessive
D) Reasonable

Question 12

These are otherwise criminal acts that society approves and encourages under the circumstances.

A) excuses
B) defenses
C) justifications
D) necessities

Question 13

An aggressor employing non-deadly force must clearly abandon the struggle and ______ in order to gain the right to self-defense.

A) stand his or her ground
B) withdraw
C) retreat to the wall
D) reach a settlement

Question 14

All of the following are elements of self-defense EXCEPT ______.

A) reasonable belief
B) necessity
C) proportionality
D) retribution

Question 15

These acts deserve condemnation, but the defendant is not held criminally liable.

A) excuses
B) defense
C) justifications
D) necessities

Question 16

The principle of necessity dictates that every alternative should be exhausted before an individual resorts to deadly force, and that an individual should be required to ______.

A) stand his or her ground
B) withdraw
C) retreat to the wall
D) reach a settlement

Question 17

______ defenses are defenses in which the defendant typically possesses the burden of production as well as the burden of persuasion.

A) Affirmative
B) Positive
C) Burden
D) Optimal

Question 18

All of the following are elements of the use of deadly force by police EXCEPT ______.

A) fleeing felon
B) use of deadly force
C) lack of reasonable belief that the felon has a weapon
D) the felon is a substantial risk to innocents

Question 19

Which of the following is an exception or situation in which the law recognizes consent as a defense to criminal conduct?

A) incidental contact
B) sporting event
C) socially beneficial activity
D) all of these

Question 20

The ______ defense recognizes that conduct that would otherwise be criminal is justified when undertaken to prevent a significant harm.

A) necessity
B) excusable
C) self
D) justified

Question 21

______ gives law enforcement the authority to use deadly force on suspects.

A) Justifiable homicide
B) Fleeing felon rule
C) Felony arrest
D) Arrest resistance rule

Question 22

All of the following were identified as instances in which consent to criminal conduct is recognized as a defense EXCEPT ______.

A) an individual inadvertently bumps another on a crowded subway
B) an individual high on heroin consents to being robbed
C) a child is hit by a foul ball at a baseball game
D) a child has a broken arm and the doctor treats the injury and sets it properly in a cast

Question 23

What is the difference between the alter ego rule and the objective test for intervention in defense of others?

A) The objective test has been abandoned in favor of the more modern alter ego rule.
B) The alter ego rule allows for the reasonable mistake of fact.
C) The objective test allows for the reasonable mistake of fact.
D) The alter ego rule only applied to those acting during the execution of public duties.

Question 24

In order to utilize self-defense, a defendant must reasonably believe that:

A) The aggressor has the ability to cause harm at some point in time.
B) The threatened harm is imminent.
C) He/she has the present ability to successfully defend herself.
D) The aggressor may not retreat.

Question 25

The American legal system is based on which of the following?

A) criminal law
B) civil law
C) the presumption of innocence
D) an adversarial process

Question 26

Which of the following is a reason for the defense of necessity?

A) respect and equity
B) equity and retribution
C) retribution and duty
D) respect and effectiveness

Question 27

Jin is taking an evening stroll through the park when he happens upon an altercation between what seems like a husband and wife. He witnesses the wife repeatedly hitting the husband. He intervenes and restrains the wife by shoving her to the ground and restraining her. She breaks free and continues to beat the husband. Jin pepper sprays the wife. She intends to press criminal charges against Jin because her husband actually initiated the altercation and she has bruises all over her body to prove it. Will Jin be held criminally liable?

A) It depends on whether or not the force was deadly.
B) No, providing the jurisdiction follows the alter ego rule.
C) No, providing the jurisdiction follows the objective test.
D) Yes, providing the jurisdiction follows the subjective test.

Question 28

What generally limited the privilege of intervention in defense of others to the protection of spouses, family, employees, and employers?

A) judicial rule
B) the modern statutory scheme
C) the common law
D) the U.S. Constitution

Question 29

What is the order in which a criminal case proceeds?

A) cross-examination, rebuttal, and case in chief
B) case in chief, rebuttal, cross- examination
C) testimony, rebuttal, verdict
D) case in chief, cross-examination, rebuttal

Question 30

Timothy is the defendant in a criminal trial. He has been charged with the murder of his brother, which occurred last Saturday night at 10:05 PM. He insists he just finished his shift at subway at 10:00 PM and could not have possibly been at the scene of the crime in 5 minutes because it was nearly a 20-minute drive from his place of work. This statement is an example of what?

A) rebuttal
B) presumption of innocence
C) an alibi
D) an affirmative defense

Question 31

A form of retreat in which an individual retreats with the intent of continuing the hostilities.

A) tactical retreat
B) negligent retreat
C) suspended retreat
D) intervening retreat

Question 32

Travis was hanging out with his friends in the park smoking a hand-rolled cigarette. The price of cigarettes had skyrocketed recently and so he began making his own. A nearby police officer sees him and believes he is smoking a joint. The police officer comes over to Travis, and after a brief verbal exchange, decides to arrest Travis. Travis, knowing he is not smoking a joint, believes the arrest is unlawful and resists as the officer tries to handcuff him. Travis then kicks the officer. Can Travis be charged with a crime for his behavior?

A) not unless he is in a jurisdiction following the English rule
B) only if he is in a jurisdiction that fails to recognize self-defense
C) only if he is in a jurisdiction that follows the American rule
D) not unless he is in a jurisdiction following the intermediate rule of resistance

Question 33

Helaina is a recovering alcoholic. She has been sober for nearly two weeks but regularly feels the urge to consume alcohol. She has told her boyfriend to beat her in the event she consumes any alcoholic beverages. If the boyfriend is charged with a crime may he successfully use consent as a defense?

A) Yes, to rule otherwise would violate the right to privacy.
B) No, this is not one of the three exceptions in which the law recognizes consent as a defense.
C) Yes, due to the intimate partner privilege.
D) No, because Helaina, as an alcoholic, does not have the capacity to consent to such behavior.

Question 34

Which case held that an occupant possesses unlimited discretion to employ whatever degree of force he or she desires based on the occupant's belief that the intruder might use any degree of force against him/her?

A) United States v. Anderson
B) State v. Anderson
C) People v. Ceballos
D) People v. Young

Question 35

When individuals are confronted with the unhappy choice between committing a crime or expecting a harmful event.

A) consent
B) choice of evils
C) utilitarian decision
D) politicalization of the law

Question 36

Common law rule is sufficiently broad to permit deadly force against all of the following EXCEPT ______.

A) rapists
B) drunks who wanders into the wrong house
C) burglars
D) petty thieves

Question 37

______ describes an individual who unlawfully initiates force against another.

A) Fleeing felon
B) True man
C) Aggressor
D) Victim

Question 38

What type of controversial laws permit the use of any degree of force against intruders who might use any physical force against the occupant no matter how slight?

A) criminal laws
B) civil laws
C) self-defense laws
D) castle doctrine *e. make my day laws

Question 39

Individuals retain the right to resist a police officer's ______.

A) application of unnecessary and unlawful force in executing an arrest
B) Arrest attempt when it is believed to be unlawful
C) use of force in all situations
D) detention for an unreasonable amount of time

Question 40

All of the following are reasons used to justify a limitation on the use of deadly force to apprehend suspects EXCEPT ______.

A) shooting suspects may lead to community alienation and anger
B) bystanders may be harmed by stray bullets
C) substantial monetary damages may be imposed in civil suits for the wrongful use of deadly force
D) police officers will gain attention as heroes

Question 41

You may intervene to protect another, but you are not required to intervene.

Question 42

While an individual is not criminally responsible for self-abuse or for taking his or her own life, those who assist him or her are criminally liable.

Question 43

A defendant's good motive in committing a mercy killing of a severely ill family member may be considered in determining guilt or innocence.

Question 44

The recognition of otherwise criminal acts as justifiable constitutes a morally significant statement concerning our social values.

Question 45

An individual intervening under the alter ego rule may be an aggressor or may not possess the right to self-defense.

Question 46

Cassie has decided to undergo rhinoplasty and signed medical releases to that effect. She has hopes of one day becoming a model and wants to do everything possible to give her the best chance at success. During her surgery, while she was under anesthesia, the doctor decides to fill a few wrinkles around her eyes with botox and give her lip injections. He decides to do this as a gift to her free of charge because he believes in her ability to be successful in the modeling business. Were the doctor's actions appropriate?

A) Yes, Cassie consented to the surgery and the additional procedures were minor in nature.
B) No, the scope of consent was limited to the planned rhinoplasty.
C) Yes, provided Cassie received a benefit from the additional procedures.
D) No, because this is not a socially beneficial activity.

Question 47

What party is generally is NOT entitled to self-defense?

A) the defendant
B) an accomplice
C) a peace officer
D) the aggressor

Question 48

The early approach to the defense of others in the United States was the objective test.

Question 49

What must the prosecution establish in a criminal trial in order to obtain a conviction?

A) a majority of the elements of the crime charged beyond a preponderance of the evidence
B) every element of the crime charged beyond guilt
C) every element of the crime charged beyond a reasonable doubt
D) a majority of the elements of the crime charged beyond a reasonable doubt

Question 50

The fact that an individual consents to be the victim of a crime constitutes a defense.

Question 51

Justification defenses provide that acts that are ordinarily criminal are justified or carry no criminal liability under certain circumstances.

Question 52

Virtually every jurisdiction provides that there is a duty or requirement to retreat before resorting to non-deadly force.

Question 53

An individual who is mistaken concerning the necessity for self-defense may not rely on the defense.

Question 54

Self-defense is recognized in how many states?

A) 50
B) 47
C) 16
D) 39

Question 55

In order to use the necessity defense, the defendant must not have been substantially at fault in creating the emergency.

Question 56

Timothy is the defendant in a criminal trial. It is the first day of the trial and the jury has just been chosen. His attorney, fresh out of law school, files a motion for judgment of acquittal. Has this motion been properly filed?

A) Yes, the defendant is entitled to file this motion at any time prior to submitting the case to the jury.
B) No, the defendant must wait until the close of the prosecution's case or prior to submitting the case to the jury.
C) Yes, the motion is to be filed before the prosecution presents its case in chief.
D) No, a motion for acquittal is not appropriate until the sentencing phase of the criminal trial.

Question 57

States typically limit deadly force to defend the home to those situations where deadly force is reasonably believed to be required to prevent the entry of an intruder who is reasonably believed to intend to commit a felony within the dwelling.

Question 58

The law does not provide a defense to individuals executing public duties.

Question 59

Today, all 50 states recognize the right to forcibly resist an unlawful arrest.

Question 60

Necessity is based on the assumption that had the legislature been confronted with the choice, legislators presumably would have safeguarded human life over the crime committed.

Question 61

What are the three exceptions or situations in which the law recognizes consent as a defense to criminal conduct?

Question 62

What is the legal equation for self-defense?

Question 63

Give an example of an excuse.

Question 64

What is an affirmative defense?

Question 65

Sunday afternoon, Mark was arrested for the possession of marijuana. In his defense, he told the police that he has been diagnosed with a bleeding ulcer. Every time he eats, he vomits, causing him to no longer want to eat. He bought and smoked the marijuana to increase his appetite to reduce the pain of the ulcer. He has no insurance and over-the-counter medications do not stop him from vomiting. Is this a crime of necessity? Why or why not? What are the criteria for the necessity defense? Analyze this case by applying the elements of necessity. Choose a position, come to a conclusion, and argue why Mark would be found guilty or not guilty.

Question 66

What is the difference between the American rule for resistance to an unlawful arrest and the English rule for resistance to an unlawful arrest? Do you believe one is better than the other? How so?

Question 67

A defense attorney is required to notify the prosecutor that the defendant will rely on this defense and provide the names of the witnesses who will testify.

Question 68

Under what circumstances can an individual use deadly force to defend himself or herself?

Question 69

List two justifications to the limitation on the use of deadly force to apprehend suspects.

Question 70

What is the Castle Doctrine?

Question 71

Give an example of a justification.

Question 72

The judge presents his or her witnesses in the case-in-chief.

Question 73

A police officer may not use deadly force against a fleeing felon who poses an imminent threat to the police or to the public.

Question 74

Mindy called the police reporting a robbery at the bar next to her place of business. Two police officers arrived at the scene. As one police officer surveyed the scene, the other officer called for back-up. When the officer approached the back of the bar, the suspect ran out of the front door. The police called for the suspect to stop, but he kept running. As the suspect approached a chain link fence, the officer told him to stop one last time. The suspect began to climb the fence, and the officer shot the suspect in the head. The suspect died on the spot. When is a police officer justified in using deadly force? In this case, was the officer justified? Why or why not? What if the suspect had been running with a hammer in his hand? Would the ruling be different? Why or why not?

Question 75

What is the necessity defense?

Question 76

Marty is a correctional officer at a federal prison. As a tool of intimidation, the inmates have formed a gang and continuously made threats to the officers and their families. Marty has never complied with the gangs' demands, which has caused great animosity between him and the gang members. One day, Maxwell, the leader of prison's gang, is to be released. Maxwell has told Marty that when he gets out, he is going to take his revenge on Marty by killing Marty's entire family. On the date of his release, Marty followed Maxwell to a liquor store. As Maxwell left the store, Marty followed him to a remote alley where Marty shot Maxwell six times in the back and neck. Marty's defense was that he stopped Maxwell before Maxwell could hurt Marty's family. Marty claims his action was in self-defense. Under what circumstances does the court recognize an individual's right to act in defense against another? According to the general rules of self-defense, is Marty justified in killing Maxwell? Why or why not?

Question 77

Moral interest was identified as a theory for the defense of justification.

Question 78

What is the difference between the Castle Doctrine and "make my day" laws? Many state statutes are moving toward the "make my day" trend. Do you agree with the "make my day" laws or do you agree with the Castle Doctrine? Why? Use examples from your reading to support your answer.

Question 79

What is the difference between the "retreat to the wall" rule and the "stand your ground" rule?

Question 80

Explain why affirmative defenses may be legitimate, yet risky.