Deck 5: Excuse Defenses

Question 1

Which is NOT one of the three claims a defendant must assert when making an excuse defense?

A) The action was involuntary.
B) The action was the product of cognitive deficiency (such as insanity).
C) The action resulted from a volitional deficiency, meaning that an outside force compelled the action.
D) The action was a result of the need to protect oneself through self-defense.

Answer 1

The action was a result of the need to protect oneself through self-defense.

Question 2

This defense is an excuse defense that is applicable when the defendant is forced to commit a crime by threat or force.

A) Duress.
B) Intoxication.
C) Insanity.
D) Entrapment.

Answer 2

Duress.

Question 3

The elements of a duress defense depend on the crime in question. For all nonhomicide offenses, there are ________ general elements:

A) Three.
B) Five.
C) Seven.
D) Nine.

Answer 3

Five.

Question 4

A(n) ________ defense is raised in cases when the defendant argues that she chose between the lesser of two evils.

A) Necessity.
B) Justification.
C) Excuse.
D) Duress.

Question 5

For a duress defense to most likely succeed, the alleged threat must have been directed at:

A) The defendant.
B) The defendant's family member(s).
C) The defendant or the defendant's family member(s).
D) The alleged treat could have been directed at any individual.

Question 6

Some states expressly forbid this defense for homicide cases.

A) Intoxication.
B) Entrapment.
C) Insanity.
D) Duress.

Question 7

This excuse defense is applicable typically only if the intoxication through alcohol, drugs, or substances is involuntary.

A) Duress.
B) Intoxication.
C) Entrapment.
D) Creative Excuses.

Question 8

In general, a person who voluntarily ingests an intoxicant will not succeed with a defense of:

A) Age.
B) Duress.
C) Creative Excuses.
D) Intoxication.

Question 9

This case identifies four circumstances in which a person is said to be involuntarily intoxicated.

A) City of Minneapolis v. Altimus.
B) Wentworth v. State.
C) State v. Crawford.
D) People v. Anderson.

Question 10

Which is NOT a circumstance in which a person is said to be involuntarily intoxicated?

A) The person is coerced to ingest an intoxicant.
B) The person accidentally ingests an intoxicant.
C) The person becomes unexpectedly intoxicated from a prescribed medication.
D) The person intentionally ingests an intoxicant.

Question 11

A "temporary psychotic reaction, often manifested by violence, which is triggered by consumption of alcohol by a person with a pre-disposing mental or physical condition"is known as:

A) Pathological Intoxication.
B) Compulsive Alcoholism.
C) Habitual Inebriation.
D) Typical Intemperance.

Question 12

This excuse defense could be applicable if the government is found to have manufactured or initiated a crime that would not have otherwise occurred.

A) Duress.
B) Intoxication.
C) Entrapment.
D) Creative Excuses.

Question 13

The first Supreme Court case recognizing the entrapment defense was:

A) Sorrells v. United States.
B) City of Minneapolis v. Altimus.
C) Wentworth v. State.
D) State v. Crawford.

Question 14

A focus on the government conduct presumably responsible for someone's decision to commit a crime is known as a(n):

A) Objective Inquiry.
B) Subjective Inquiry.
C) Impartial Examination.
D) Neutral Examination.

Question 15

This defense is one of the only defenses that calls into question law enforcement's role in the instigation of crime.

A) Duress.
B) Intoxication.
C) Entrapment.
D) Creative Excuses.

Question 16

The common law put children into three categories based on their capacity to commit crimes. What is the capacity of a seven year old?

A) No Criminal Capacity.
B) Presumption against Criminal Capacity.
C) Presumption of Criminal Capacity.
D) Minimal Criminal Capacity.

Question 17

In general, children under the age of ________ are charged and adjudicated in the juvenile justice system.

A) 16.
B) 17.
C) 18.
D) 19.

Question 18

This waiver is a waiver of a juvenile defendant from juvenile to adult court is presumed appropriate based on the age, offense, or other factors.

A) Presumptive Waiver.
B) Mandatory Waiver.
C) Discretionary Waiver.
D) Juvenile Waiver.

Question 19

The waiver of a juvenile defendant from adult court to juvenile court is known as a:

A) Juvenile Waiver.
B) Mandatory Waiver.
C) Reverse Waiver.
D) Discretionary Waiver.

Question 20

This deals with defendant's ability to understand what is happening at the time of trial or a related criminal proceeding.

A) Legal Insanity.
B) Diminished Capacity.
C) Insanity Defense.
D) Competency to Stand Trial.

Question 21

This defense is an excuse defense to a criminal charge based on the defendant's mental condition at the time of the crime.

A) Duress Defense.
B) Insanity Defense.
C) Age Defense.
D) Entrapment Defense.

Question 22

This is an insanity test that focuses on the defendant's ability to appreciate the wrongfulness of his conduct based on a mental disease or defect.

A) M'Naghten Test.
B) Irresistible Impulse Test.
C) Product Test.
D) Federal Test.

Question 23

This test of insanity is also known as the Durham test.

A) M'Naghten Test.
B) Irresistible Impulse Test.
C) Product Test.
D) Federal Test.

Question 24

This types of defense is rarely invoked.

A) Insanity Defense.
B) Duress Defense.
C) Age Defense.
D) Intoxication Defense.

Question 25

Which is NOT a syndrome defense?

A) Physiology Based Excuses.
B) Biology Based Excuses.
C) Psychology Based Excuses.
D) Sociological Based Excuses.

Question 26

Which defense would a defendant use when claiming that the crime was based on psychological trauma the defendant suffered after experiencing a traumatic event?

A) Creative Excuse Defense.
B) Entrapment Defense.
C) Intoxication Defense.
D) Insanity Defense.

Question 27

This defense is a criminal defense based on the defendant's traumatic upbringing in a violent area.

A) Urban Psychosis.
B) Black Rage.
C) Urban Survival Syndrome.
D) Post-Traumatic Stress Disorder.

Question 28

Of the creative sociological excuses for criminal activity, ________ has been raised perhaps in the most cases.

A) Urban Psychosis.
B) Black Rage.
C) Urban Survival Syndrome.
D) Post-Traumatic Stress Disorder.

Question 29

Excuse defenses are those in which the offender accepts responsibility but argues that the commission of a crime was appropriate under the circumstances.

Question 30

If a man, by the terror of present death, be compelled to do a fact against the law, he is totally excused, because no law can oblige a man to abandon his own preservation.

Question 31

The duress defense can only be used in cases where the defendant claims he or she was threatened with death or great bodily harm.

Question 32

Intoxication as a defense is applicable regardless of whether the alcohol, drugs, or other substances were voluntary or involuntary.

Question 33

A person who is under the influence of alcohol may not be able to form the requisite mens rea to commit a crime.

Question 34

Intoxication could reduce, for example, what would otherwise be a first-degree murder conviction to one for second-degree murder.

Question 35

The Model Penal Code takes a subjective approach with regard to the entrapment defense.

Question 36

The Modern Penal Code takes a subjective approach with regard to the entrapment defense.

Question 37

The U.S. Supreme Court focuses on the government's role in instigating the crime in question not the subjective predisposition of the offender.

Question 38

Under Common Law, children under 10 had no criminal capacity.

Question 39

Legislative exclusion refers to the fact that a statute excludes, or bars, a juvenile from being tried as a juvenile.

Question 40

Most states have multiple ways to impose adult sanctions on offenders of juvenile age.

Question 41

The insanity defense is distinct from competency to stand trial.

Question 42

The burden of proving incompetence falls on the prosecution.

Question 43

The Supreme Court held that there are no constitutional limitations on how long a defendant can be hospitalized for the purpose of restoring competency.

Question 44

A defendant's criminal defense, if based on the XYY chromosome defect, is an insanity defense.

Question 45

Premenstrual dysphoric disorder can potentially be used as a criminal defense to a crime.

Question 46

Brainwashing can be argued as a criminal defense.

Question 47

A(n) ________ defense is raised in cases when the defendant argues that she chose between the lesser of two evils.

Question 48

The defense of ________ is generally not a defense to intentional killing.

Question 49

If a criminal defendant meets one of the conditions for involuntary intoxication, he or she will be able to assert an involuntary intoxication defense and, if successful, will be entitled to a(n) ________.

Question 50

The ________ defense is based on the belief that someone should not be convicted of a crime that the government instigated.

Question 51

When an entrapment decision is based on the offender's predisposition, this is known as a(n) ________ inquiry.

Question 52

People who are below a certain age threshold cannot form, according to the law, the requisite ________ to be convicted of a crime.

Question 53

In Common Law, children over age ________ have the same capacity to offend as adults.

Question 54

The insanity defense is a(n) ________ concept, so just because someone may be medically diagnosed as insane, he or she may not succeed with an insanity defense.

Question 55

The ________ test is an insanity test that determines whether the criminal activity is the product of a mental disease or defect.

Question 56

This criminal defense is based on a chromosome defect where there is the presence of an extra ________ chromosome.

Question 57

Creative Excuses are organized into three categories, which are known as ________ defenses.

Question 58

Match its defense with its corresponding definition.

-Insanity Defense

A) A statutory requirement that certain juveniles be treated as adults in the criminal justice system.
B) An excuse defense applicable only if the intoxication is involuntary.
C) An excuse defense that is applicable when the defendant is forced to commit a crime by threat or force.
D) Excuses based on physiology, excuses based on psychology, and sociological excuses.
E) An excuse defense to a criminal charge based on the defendant's mental condition at the time of the crime.
F) An excuse defense that is applicable if the government is found to have manufactured or initiated a crime that otherwise would not have occurred.

Question 59

Match its defense with its corresponding definition.

-Syndrome Defenses

A) A statutory requirement that certain juveniles be treated as adults in the criminal justice system.
B) An excuse defense applicable only if the intoxication is involuntary.
C) An excuse defense that is applicable when the defendant is forced to commit a crime by threat or force.
D) Excuses based on physiology, excuses based on psychology, and sociological excuses.
E) An excuse defense to a criminal charge based on the defendant's mental condition at the time of the crime.
F) An excuse defense that is applicable if the government is found to have manufactured or initiated a crime that otherwise would not have occurred.

Question 60

Identify and explain the three rationales for excuse defenses.

Question 61

Whether and how intoxication serves as a defense to criminal liability hinges on several factors. Identify and explain these factors.

Question 62

Compare and contrast subjective and objective inquiry in relation to the entrapment defenses. Which approach does the U.S. Supreme Court take with regard to the entrapment defense?

Question 63

There are three main mechanisms for treating juveniles as adults. Identify and describe these mechanisms.

Question 64

Explain the insanity defense. The courts use multiple tests to determine whether a person was insane at the time of the crime. Identify and explain two of these tests.

Question 65

Identify and explain three categories of syndrome defenses, creative excuses. Provide an example of a defense within each category.

Question 66

Scott Murphy is a freshman in college and recently decided to pledge a fraternity, Chi Gamma Omega. As a "pledge"of the fraternity, Scott is forced to participate in a number of initiation activities in order to become a brother of Chi Gamma Omega. Specifically, one night Scott was held down on the ground while other brothers poured shots of vodka into his mouth. Severely intoxicated by the initiation ritual, later that evening Scott broke into a female student's dorm room and sexually assaulted her. Scott is claiming that he mistakenly believed he was entering the room of his girlfriend. Is Scott entitled to the defense of involuntary intoxication? Why or why not?

Question 67

Jack Oberman is a pharmacist at a local drug store and has never engaged in any form of illegal activity. Local police officers received reports that the drug store was filling illegal prescriptions for OxyContin, a strong painkiller often sold on the streets. An undercover officer approached Jack on five separate occasions, claiming that he had a daughter suffering from a terminal illness who was in severe pain and discomfort. The undercover officer claimed he could not afford medical treatment and asked Jack to illegally provide him with OxyContin for his daughter. Jack refused on the first four occasions, but he finally consented after hearing the horrific stories of the young girl's suffering. Jack handed the undercover officer 10 OxyContin pills and was subsequently arrested. Is he entitled to the defense of entrapment? Would he be successful under both the objective and subjective tests?