Deck 9: Justification Defenses

Question 1

Reasonable doubt is reserved for cases involving incarceration or even the death penalty.

Answer 1

True

Question 2

Criminal defendants can fight the charges against them by presenting either an elements defense and an affirmative defense.

Answer 2

True

Question 3

When presenting an affirmative defense, the defendant has the burden of production.

Answer 3

True

Question 4

In all jurisdictions, the defendant also has the burden of persuasion.

Question 5

Explain the excuse defense.

Question 6

What is self-defense?

Question 7

Which of the following are considered elements of self-defense?

A) Reasonable fear
B) An imminent attack
C) A proportionate amount of force
D) All of the above

Question 8

Self-defense is a law of necessity.

Question 9

A person who uses more force than necessary can always claim self-defense.

Question 10

A person who is attacked with non-deadly force may only use deadly force to defend him or herself.

Question 11

Explain the duty to retreat doctrine.

Question 12

_______ states impose a duty to retreat before using deadly force.

A) 15
B) 19
C) 23
D) 26

Question 13

Less than __________ states do not impose a duty to retreat and permit an individual to stand his or her ground and defend him or herself.

A) 5
B) 15
C) 20
D) 25

Question 14

The George Zimmerman case took place in which of the following states?

A) Alabama
B) South Carolina
C) Florida
D) Georgia

Question 15

The Florida statute is controversial because it permits which of the following to decide whether a person acted in self-defense?

A) Defendant and police officer
B) Police officer and judge
C) Jury and Judge
D) Police officer and Jury

Question 16

____________ permits the use of deadly force in public places.

A) Nebraska
B) Utah
C) Texas
D) New York

Question 17

Shoot first laws vary from state to state.

Question 18

Which of the following states does not permit a shoot first law?

A) Alaska
B) South Dakota
C) Texas
D) Colorado

Question 19

Which of the following states permit the use of deadly force in public places with no duty to retreat?

A) Montana
B) West Virginia
C) Arizona
D) Nevada
E) All of the above

Question 20

Which of the following states does not permit the use of deadly force in public only when the shooter is in a vehicle?

A) Montana
B) North Dakota
C) California
D) Ohio

Question 21

Protections that were established by a combination of statutes, judicial decisions, and/or jury instructions may only be invoked during criminal trials in all of the following states except?

A) Oregon
B) Kansas
C) Illinois
D) New Mexico

Question 22

Self defense laws, in most states, are both subjective and objective.

Question 23

The Barnard Goetz case took place in which of the following decades?

A) 1950s
B) 1960s
C) 1970s
D) 1980s

Question 24

The Goetz shooting incident took place in

A) Florida
B) New York
C) Maryland
D) Washington

Question 25

The jury in Goetz criminal case consisted of 10 _________ and 2 __________.

A) African Americans; Whites
B) Hispanics; Whites
C) Whites; African Americans
D) Whites; Asian Americans

Question 26

Darrell Cabey was awarded _________ million in damages.

A) 21
B) 39
C) 43
D) 51

Question 27

Zimmerman's jury was composed of _________ women.

A) 2
B) 4
C) 6
D) 8

Question 28

George Zimmerman was found guilty of second degree murder.

Question 29

Which of the following racial stereotypes are common?

A) Blacks are good athletes
B) Mexicans are poor
C) Asians are smart
D) All of the above

Question 30

The law of self defense is a law of necessity.

Question 31

Social media campaigns rallying for the Battered Women's Syndrome were visible on which of the following platforms in 2014?

A) MySpace
B) LinkedIn
C) Twitter
D) Instagram

Question 32

Women who suffer from BWS are beaten by their patterns, but continue to live in the relationship.

Question 33

Social media campaigns rallying for the Battered Women's Syndrome were visible on which of the following platforms in 2014?

A) MySpace
B) LinkedIn
C) Twitter
D) Instagram

Question 34

Many women who kill their partners are diagnosed with which of the following conditions?

A) Post-Traumatic Stress Disorder (PTSD)
B) Pre-Menstrual Symptoms (PMS)
C) Battered Women's Syndrome (BWS)
D) Post-Partum Depression (PPD)

Question 35

Explain learned helplessness.

Question 36

Judy Norman was found guilty of which of the following crimes?

A) Involuntary manslaughter
B) Felony murder
C) Voluntary manslaughter
D) First degree premeditated murder

Question 37

What is the law of defensive force?

Question 38

Social media campaigns rallying for the Battered Women's Syndrome were visible on which of the following platforms in 2014?

A) MySpace
B) LinkedIn
C) Twitter
D) Instagram

Question 39

A person may use a reasonable amount of force under the circumstances to prevent his property from being taken or even to take his property back.

Question 40

Norman commonly called the defendant which of the following?

A) Dogs
B) Bitches
C) Whores
D) All of the above

Question 41

Norman was sentenced to _______ years in prison, but her sentence was commuted after ______ months.

A) 2; 1
B) 4; 4
C) 6; 2
D) 8; 4

Question 42

Laws that permit the use of deadly force to protect a home or dwelling are sometimes called

A) defense of habitation laws.
B) defense of property laws.
C) defense of home laws.
D) defense of dwelling laws.

Question 43

Defense of habitation laws are uniform across all fifty states.

Question 44

Deadly force is never permitted to prevent a misdemeanor.

Question 45

In which of the following years did the U.S. Supreme Court limit the use of force in felony cases?

A) 1980
B) 1985
C) 1990
D) 1995

Question 46

Which of the following cases lead to the limitation of use of force in felony cases?

A) State v. Beeley (1995)
B) State v. Norman (1988)
C) People v. Goetz (1986)
D) Tennessee v. Garner (1985)

Question 47

After the Court's decision in _________________, deadly force may be used against a fleeing felon only if there is probably cause to believe that he or she poses a threat of danger to the office or others.

A) State v. Norman (1988
B) Tennessee v. Garner (1985)
C) State v. Beeley (1995)
D) People v. Goetz (1986)

Question 48

The defenses of duress and necessity are similar yet distinct.

Question 49

The defense of necessity is also called the choice of evils.

Question 50

In the United States v. Contento-Pachon (1984) case, the appellant swallowed balloons filled with which of the following drugs?

A) Heroin
B) Marijuana
C) Cocaine
D) Methamphetamine

Question 51

Juan Contento-Pachon is a native of which of the following countries?

A) Costa Rica
B) Mexico
C) Cuba
D) Colombia

Question 52

Juan Contento-Pachon swallowed ______ balloons of cocaine.

A) 100
B) 101
C) 129
D) 132

Question 53

Which of the following are elements of the duress defense?

A) An immediate threat of death or serious bodily injury
B) A well-grounded fear that the threat will be carried out
C) No reasonable opportunity to escape the threatened harm
D) All of the above

Question 54

The defense of necessity is available when a person is faced with a choice of two evils.