Question 1

According to the objective approach to entrapment, entrapment occurs when law enforcement activity:&#10;A)suggests the opportunity to commit a crime.&#10;B)provides an innocent person with the opportunity to commit a crime.&#10;C)involves the use of government spies.&#10;D)is beyond judicial tolerance.

Accepted Answer

The objective approach to entrapment focuses on whether the law enforcement's conduct would induce a normally law-abiding person to commit a crime, thus being beyond judicial tolerance.

Question 2

A case-in-chief defense:&#10;A)arises from inconsistencies in the prosecution's case.&#10;B)can only be raised after the prosecution rests its case.&#10;C)challenges the prosecution's version of the case.&#10;D)introduces an independent legal claim into the case.

Accepted Answer

A case-in-chief defense challenges the prosecution's version of the case, often by presenting alternative evidence or interpretations of the events that led to the charges. It can be raised at any point during the trial and does not depend on inconsistencies in the prosecution's case or introducing an independent legal claim. A case-in-chief defense challenges the prosecution's version of the case and presents an alternative narrative. It may be introduced at any point in the trial, and does not rely solely on inconsistencies in the prosecution's case or an independent legal claim.

Question 3

The threat required for duress is the threat of:&#10;A)future or immediate property damage.&#10;B)future or immediate physical harm.&#10;C)immediate bodily harm.&#10;D)immediate property damage.

Accepted Answer

Duress requires a threat of immediate bodily harm to compel someone to act against their will.

Question 4

Which of the following is generally true regarding the intoxication defense?&#10;A)Voluntary intoxication is never a defense.&#10;B)Voluntary intoxication is rarely a valid defense.&#10;C)Whether voluntary or involuntary, intoxication is never a valid defense.&#10;D)Whether voluntary or involuntary, intoxication is often a valid defense.

Accepted Answer

In general, voluntary intoxication is not a valid defense as individuals are responsible for their choices to consume substances that could impair their judgment or behavior. However, in rare cases, such as when the intoxication is so severe that the individual is unable to form the requisite intent for the crime, it may be a valid defense. Involuntary intoxication, on the other hand, may be a valid defense if it was caused by factors outside of the individual's control, such as being drugged without their knowledge. Generally, voluntary intoxication is not a valid defense because it is considered a choice made by the individual. However, involuntary intoxication (such as being drugged without one's knowledge) can sometimes be a valid defense. Therefore, option B is the best choice.

Question 5

In order to satisfy the requirements of self-defense, the defendant must:&#10;A)hold a reasonable or unreasonable fear of deadly harm.&#10;B)retreat from his or her home if the threat was in the home.&#10;C)not use deadly force.&#10;D)reasonably believe that the threat was of immediate harm.

Accepted Answer

In order to satisfy the requirements of self-defense, the defendant must reasonably believe that the threat was of immediate harm. The other options listed are either incorrect or incomplete. The defendant may use deadly force if he or she reasonably believes that it is necessary to protect themselves from immediate harm. Additionally, in some states, there is a legal doctrine known as the Castle Doctrine, which establishes that a homeowner may use deadly force to protect their property and themselves from an intruder in their home, without a duty to retreat. In order for the defendant to satisfy the requirements of self-defense, they must reasonably believe that the threat they are facing is of immediate harm. This means that they must believe that they need to act quickly to protect themselves from harm. The other options are incorrect as the defendant may use deadly force if necessary to protect themselves, and retreat is not required if the threat is inside their own home.

Question 6

The test that focuses on the defendants' ability to control their conduct is the:&#10;A)temporary insanity test.&#10;B)right-from-wrong test.&#10;C)substantial capacity test.&#10;D)irresistible impulse test.

Accepted Answer

The irresistible impulse test focuses on the defendants' ability to control their conduct at the time of the crime. It examines whether the defendant had a mental illness or defect that prevented them from controlling their actions, even if they knew their actions were wrong. The other tests listed also focus on mental capacity, but the irresistible impulse test specifically addresses the issue of control. The irresistible impulse test focuses on the defendant's ability to control their behavior at the time the crime was committed. This test asks whether the defendant had an irresistible impulse to commit the crime and whether they could not control their behavior due to a mental illness or defect.

Question 7

Citizens may use reasonable force:&#10;A)to resist any police action.&#10;B)to resist excessive force by an arresting officer.&#10;C)citizens may never use force against a police officer.&#10;D)to resist police surveillance.

Accepted Answer

Citizens may use reasonable force to defend themselves against excessive force by an arresting officer, as long as the force used is proportional to the threat faced. Citizens cannot use force to resist any police action, as it is the job of the courts to determine if the police action was lawful or not. It is also illegal to use force against a police officer performing their duties, except in self-defense. Citizens cannot use force to resist police surveillance, as long as the surveillance is conducted within legal boundaries. Citizens have the right to use reasonable force to defend themselves against excessive force used by a police officer during an arrest. However, using force to resist any police action, or to resist police surveillance, is not legal. It is important to note that using excessive force against a police officer can result in criminal charges.

Question 8

The M'Naghten rule focuses on:&#10;A)the defendants' ability to distinguish right from wrong.&#10;B)the defendants' emotional capacity to appreciate the wrongfulness of their acts.&#10;C)the defendants' appreciation of what they are doing and their resistance to impulses.&#10;D)the defendants' ability to conform to the requirements of the law.

Accepted Answer

The M'Naghten rule, also known as the right-wrong test, focuses on the defendants' ability to distinguish right from wrong at the time of the crime. This is the main criterion used in determining a defendant's legal insanity. The M'Naghten rule focuses on the defendant's ability to distinguish right from wrong at the time of the crime. This is often referred to as the defendant's cognitive capacity. The other answer choices are not specifically addressed by the M'Naghten rule.

Question 9

If a person commits a crime to avoid immediate serious harm unlawfully threatened by another, the person should claim the defense of:&#10;A)temporary insanity.&#10;B)duress.&#10;C)necessity.&#10;D)self-defense.

Accepted Answer

The defense of duress applies when the defendant commits a crime under the threat of immediate harm or death from another person. The harm threatened must be greater than the harm caused by the crime committed, and the defendant must have no reasonable way to escape or avoid the threatened harm. Therefore, the defendant can claim that they were forced to commit the crime under duress. The defense of duress involves a situation in which a person commits a crime to avoid immediate harm or threat of harm from another person. This harm must be unlawful and serious, and there must be no reasonable way for the person to avoid the harm except by breaking the law. In this scenario, the person committing the crime is considered to have done so involuntarily, as they were forced to do so by the threat of harm. Therefore, the best choice is duress.

Question 10

Mistake of fact may be a defense:&#10;A)in felony cases only.&#10;B)when it negates a material element of the crime.&#10;C)when it is coupled with a mistake of law.&#10;D)in misdemeanor cases only.

Accepted Answer

Mistake of fact may be a defense when it negates a material element of the crime. It is not limited to a particular type of case, whether felony or misdemeanor, and it does not need to be coupled with a mistake of law. Mistake of fact can be a defense when it negates a material element of the crime, meaning that the mistake prevented the defendant from having the mens rea (criminal intent) required for the crime. It is not limited to either felony or misdemeanor cases, and does not require a mistake of law to be a valid defense.

Question 11

When acting in self-defense, defenders may use:&#10;A)reasonable force under the circumstances.&#10;B)whatever force the defenders deem necessary.&#10;C)the force necessary to prevent a future attack.&#10;D)the force needed to subdue the attacker.

Accepted Answer

The answer of When acting in self-defense, defenders may use:&#10;A)reasonable...

Question 12

In most jurisdictions, the defense-of-others defense:&#10;A)applies only to protecting family members.&#10;B)applies only to protecting children.&#10;C)requires that the &#34;other&#34; have the right to defend him- or herself.&#10;D)applies only to the use of deadly force.

Accepted Answer

The answer of In most jurisdictions, the defense-of-others defense:&#10;A)applies only...

Question 13

If a citizen's property is unlawfully threatened with harm by another person, the citizen may:&#10;A)use deadly force.&#10;B)use reasonable, nondeadly force to protect the property.&#10;C)not take action to protect mere property.&#10;D)make only a verbal protest.

Accepted Answer

The answer of If a citizen's property is unlawfully threatened...

Question 14

According to the defense of necessity, it is:&#10;A)permissible to commit a greater crime in order to avoid a lesser crime.&#10;B)permissible to commit one crime to avoid another.&#10;C)permissible to commit a lesser crime to avoid a greater one.&#10;D)never a defense to commit one crime to avoid another.

Accepted Answer

The answer of According to the defense of necessity, it...

Question 15

Obedience to superior orders (United States v.Calley) is an extension of the defense of:&#10;A)duress.&#10;B)self-defense.&#10;C)diminished capacity.&#10;D)mistake of fact.

Accepted Answer

The answer of Obedience to superior orders (United States v.Calley)...

Question 16

According to Tennessee v.Garner, police may use deadly force:&#10;A)when defending property.&#10;B)when the suspect is a danger to the police or others.&#10;C)when necessary to make an arrest.&#10;D)when necessary to make a felony arrest.

Accepted Answer

The answer of According to Tennessee v.Garner, police may use...

Question 17

An affirmative defense:&#10;A)must be disproved by the state.&#10;B)must be proved by the defense to be true beyond a reasonable doubt.&#10;C)is not a complete defense.&#10;D)is raised by the defense.

Accepted Answer

The answer of An affirmative defense:&#10;A)must be disproved by the...

Question 18

When a defendant bears the &#34;burden of production,&#34; the defendant must:&#10;A)introduce evidence to support a claim.&#10;B)produce sufficient evidence to persuade the factfinder.&#10;C)establish the claim beyond a reasonable doubt.&#10;D)establish the claim by clear and convincing evidence.

Accepted Answer

The answer of When a defendant bears the &#34;burden of...

Question 19

According to the subjective theory of the entrapment defense:&#10;A)the defendant must instigate the crime.&#10;B)the defendant must not have been predisposed to commit the crime.&#10;C)the police activity must be beyond legal propriety.&#10;D)a reasonable person would have been induced by the police.

Accepted Answer

The answer of According to the subjective theory of the...

Question 20

The M'Naghten test for insanity is also known as:&#10;A)the diminished capacity test.&#10;B)the right-from-wrong test.&#10;C)the substantial capacity test.&#10;D)the irresistible impulse test.

Accepted Answer

The answer of The M'Naghten test for insanity is also...

Deck 4: Defenses