Deck 11: Criminal Defenses

Question 1

Which of the following types of defenses is typically the one which is most success?

A) Procedural defenses
B) Defense based on substantive questions
C) Insanity
D) Mitigation

Answer 1

A

Question 2

Which of the following is not an example of a substantive defense?

A) Constitutional rights issues
B) Self-defense
C) Insanity
D) Entrapment

Answer 2

A

Question 3

On what premise is the self-defense based?

A) Urgency
B) Danger
C) Justification
D) Protection

Answer 3

Protection

Question 4

Some jurisdictions require that when faced with a dangerous situation, before force can be used in self-defense, the person must do which of the following, if possible?

A) Do nothing
B) Attack immediately
C) Give a warning
D) Retreat

Question 5

When using self-defense to justify ones actions against an attacker, the primary analysis of the defense relies on

A) Proportionality of the response
B) Verbal interaction before the attack
C) Intent of the defender
D) Relationship of the attacker to the attacked

Question 6

The Model Penal Code states that for a person to use force in self-protection one must consider

A) The attackers criminal record
B) How dangerous the attacker is
C) The immediate necessity to use force in self-defense
D) Mental state of the attacker

Question 7

Which of the following is true about "Battered Woman's Syndrome?"

A) It is not considered a self-defense justification
B) Some courts accept it as self-defense but others do not
C) It is accepted a self-defense in all courts
D) It is almost always accepted but seldom used due to other procedural problems.

Question 8

Another facet of the self-defense claim relates to the _________ of the defender's beliefs.

A) Reasonableness
B) Expectations
C) Intuition
D) Knowledge

Question 9

In the final analysis courts must consider the decision to defend against a threat rests in what mindset of the defender?

A) Objective
B) Subjective
C) Both objective and subjective
D) Perceptive

Question 10

In general, what situations can self-defense be considered justified, under specific circumstances?

A) Defense of self
B) Defense of Property
C) Defense of others
D) All of the above
E) A & B only

Question 11

In cases involving unlawful entry into homes where deadly force is necessary to defend ones self, what is generally required regarding the necessity to retreat before defending with deadly force?

A) One must retreat before using deadly force
B) Retreat is expected but not required
C) Retreat is expected and required
D) Retreat is not applicable in these situations

Question 12

Which of the following true about the use of force in defense of property?

A) It is acceptable
B) Is not acceptable
C) Is acceptable but requires limited response by the defender
D) Is not acceptable unless retreat is accomplished by the defender first

Question 13

What percentage of cases in the U.S. does the defense use insanity as a legal defense?

A) 10%
B) 25%
C) Less than 1%
D) 15%

Question 14

When considering insanity as a defense, what is the primary question?

A) Does the accused understand the act to be criminal?
B) Does the offender suffer from some mental disease or defect that directly correlates to this inability to appreciate the fundamental illegality engaged in?
C) Has the offender previously been institutionalized for mental illness
D) All of the above
E) A & B only

Question 15

The inanity defense looks directly to which of the following?

A) The offender's Mens Rea
B) The offender's Actus Reus
C) The offender's liability
D) The anti-social behavior of the offender

Question 16

What is the presumption going into a criminal case in reference to the sanity of the defendant?

A) The defendant is insane and the prosecution must prove otherwise
B) The defendant is sane and the burden is on the defense to prove insanity
C) The requirement for proving sanity or insanity lies neither with the defense or prosecution but it is the judges responsibility to initiate the defense
D) Proof of insanity is not offered but inferred by observation by the jury

Question 17

Which of the following is not an issue of competency of the defendant to stand trial?

A) Ability to appreciate the charges against him
B) Understand the adversary nature of the legal process
C) Disclose to counsel facts pertinent to the legal process
D) Understanding right from wrong

Question 18

Which of the following insanity defenses is called the "Right\Wrong Test?

A) M'Naghten Test
B) The Durham Test
C) The ALI Test
D) The Guilty but Mentally Ill Test

Question 19

Which of the following insanity defenses use the concept of "irresistible impulse?"

A) M'Naghten Test
B) The Durham Test
C) The ALI Test
D) The Guilty but Mentally Ill Test

Question 20

Which insanity defense uses the concept of "substantial capacity?"

A) M'Naghten Test
B) The Durham Test
C) The ALI Test
D) The Guilty but Mentally Ill Test

Question 21

Which insanity test rests the primary judgment of emotional disorder and clinical diagnoses on the mental health specialist making the evaluation?

A) M'Naghten Test
B) The Durham Test
C) The ALI Test
D) The Guilty but Mentally Ill Test

Question 22

When a person was mentally ill at the time of the commission of the offense and was not legally insane at the time of the commission of the offense, the defendant may be judged to be

A) Incompetent
B) Mentally ill and not guilty
C) Guilty but mentally ill
D) Mentally ill and no judgment is made as to guilt or innocence

Question 23

When entrapment issues are raised at trial, whose burden is it to prove it either happened or did not happen?

A) The defense
B) The prosecution
C) The Police
D) The Judge

Question 24

Which of the following describes entrapment?

A) Law enforcement's active solicitation of the criminal activity
B) Enabling the crime
C) Nurturing an unwitting and once unwilling innocent party into a criminal design made possible by law enforcement's encouragement
D) All of the above
E) A & C only

Question 25

The use of a coercion or duress defense rests upon which of the following?

A) The amount of force
B) The type of offense coerced to do
C) The reasonableness of the reaction to the coercion or duress
D) The frequency of the threats to act

Question 26

In order to successfully raise a mistake or ignorance of law defense, the defendant must show

A) Mental retardation
B) The lack of Mens Rea
C) A lack of criminal culpability
D) Mental illness

Question 27

Mistake or ignorance of fact defenses is most successful in which level of intent?

A) Specific Intent
B) General Intent
C) Strict Liability
D) Limited Intent

Question 28

In what type of cases is consent ineffectual?

A) Murder
B) Rape of child lawfully incapable of consent due to age
C) Where consent was gained through fraud or trickery
D) All of the above
E) A & C only

Question 29

In what type of crime does "implied consent" become a central issue?

A) Statutory rape
B) Fraud
C) Suicide
D) DUI\DWI

Question 30

Which of the following is not a criteria to determine competency of a defendant:

A) Appreciate the charges against him
B) Understand the adversary nature of the legal process
C) To engage in irrelevant testimony
D) Manifest appropriate courtroom behavior

Question 31

Which of the following insanity tests is often referred to as: "The right and wrong test"?

A) Durham Rule
B) ALI Test
C) M'Naghten Rule
D) Birmingham Test

Question 32

Which of the following is an essential element of entrapment?

A) Sense of fair play and justice in the solicitation
B) Predisposition of the accused
C) Level and type of law enforcement involvement
D) All of the above

Question 33

The intricacies of legal consent and its advocacy as a defense must gauge and evaluate?

A) Age of victim
B) Mental Capacity
C) Public policy restrictions on select conduct
D) All of the Above

Question 34

The affirmative defense that argues that the defendant would not have engaged in criminal activity without the encouragement of government agent is _______.

A) Coercion
B) Entrapment
C) Justification
D) Duress

Question 35

Justification is the basic premise upon which the right to defend oneself against attack has developed.

Question 36

Criminals who place themselves in dangerous situations and are driven to defend themselves with force can claim justification for the force just as anyone else could.

Question 37

All states have an element of there criminal codes that require one to retreat from danger before they are justified in using self-defense.

Question 38

Battered Woman's Syndrome is not universally accepted as a form of self-defense.

Question 39

Self defense claims relate to the reasonableness of the defender's beliefs which is based on the defender's subjective and objective mindset.

Question 40

Defense of another is not the same as self-defense and is not a lawful defense.

Question 41

The defense of property is generally only acceptable under law when one is defending their domicile.

Question 42

Unlawful entry or trespass affords the greatest flexibility in the use of force.

Question 43

Deadly force is lawful in defense of property.

Question 44

The use of force, not deadly force, upon or toward a person is justifiable when the defender believes that such force is immediately necessary to prevent or terminate an unlawful entry upon land.

Question 45

A declaration of legal inanity allows the defendant to escape culpability.

Question 46

More than 10% of defendants try the legal insanity defense.

Question 47

Insanity is a legal determination not a psychological one.

Question 48

The reason person is determined to be legally insane is because the insane person acts without the necessary intellectual faculties needed to meet the Mens Rea standard.

Question 49

When the court considers the "sanity" of a defendant it is presumed that the person is insane and the prosecution must affirmatively show the defendants sanity to proceed.

Question 50

Legal insanity and legal competency are the same.

Question 51

A finding of incompetence indicates the defendant lacked the capacity to understand the nature of the proceedings.

Question 52

Incompetence is a procedural condition that can and does change in most cases.

Question 53

The M'Naghten test is the legal test of insanity in the majority of jurisdictions in the U.S.

Question 54

The Durham Test of legal insanity the defendant is presumed to know his act is wrong but cannot control the irresistible impulse to do the act anyway and therefore cannot be held accountable.

Question 55

The ALI test of legal insanity indicates that a person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks the substantial capacity either to appreciate the criminality of the conduct or to conform his conduct to the requirements of the law.

Question 56

A person is guilty but mentally ill if at the time of the offense after the offense has occurred he is found to be incompetent to stand trial.

Question 57

Enabling crime is not entrapment and is not unlawful behavior.

Question 58

Entrapment exonerates a defendant who claims he or she will ordinarily not engage in a criminal purpose or plan.

Question 59

Coercion\duress is not a viable defense.

Question 60

Mistake or ignorance of fact defense is more successful with specific intent crimes.

Question 61

Consent is a successful defense in all sexual offenses.

Question 62

In terms of self defense, a fist used can be met with a machine gun.

Question 63

A knife-wielding assailant can be met with a gun for self defense because a knife and gun has the capacity to inflict deadly injury.

Question 64

Battered Women's Syndrome is a universally accepted form of self-defense.

Question 65

If victimized by a property theft, reclamation is permissible.

Question 66

Severe, deadly force is never permissible in the defense of material possessions.

Question 67

Defense arguments anticipate plea bargaining.

Question 68

Entrapment exonerates a defendant who claims that a criminal action a course of conduct unlikely chosen.

Question 69

Duress is measured against the reasonable person standard.

Question 70

Mistake of fact, as a defense, is more easily advocated than a mistake of law claim.

Question 71

Consent in sexual offenses is a factual impossibility in cases involving minors.

Question 72

What are the differences between substantive and procedural defenses?

Question 73

Under what circumstances can a person lawfully use self-defense?

Question 74

Under what circumstances can a person use force in defense of others?

Question 75

How much force can a person use in self-defense or defense of another person?

Question 76

How successful is "Battered Woman's Syndrome" as a defense?

Question 77

To what extent can one use force to defend one's property?

Question 78

What are the differences between the three tests of legal insanity?

Question 79

What are the primary questions that must be asked in determining legal inanity?

Question 80

What must a defendant demonstrate occurred in a criminal event to raise the defense of entrapment?