Deck 5: Defenses

Question 1

A "Defense" is:

A) those matters successfully presented by the defense that will allow the defendant to plea bargain to a lesser crime.
B) those matters successfully presented by the defense that will negate the existence of either the actus reus or mens rea.
C) those matters successfully presented by the defense that will allow for a reduction in sentence.
D) Both B and C

Answer 1

Both B and C

Question 2

Defenses to crimes can be grouped into one of the following categories:

A) mental capacity, justification of the use of force, and lack of competency.
B) lack of presence at the scene, mental capacity, and use of force.
C) alibi, lack of presence at the scene, and mental capacity.
D) alibi, lack of presence at the scene, and use of force

Answer 2

mental capacity, justification of the use of force, and lack of competency.

Question 3

The defenses that go to mental capacity include:

A) infancy, insanity, diminished responsibility, and the M'Naghten test.
B) insanity, the M'Naghten test, the ALI test, and the diminished capacity test.
C) infancy, insanity, diminished responsibility, and lack of responsibility to stand trial.
D) lack of responsibility to stand trial, diminished capacity, the M'Naghten test, and the ALI test.

Answer 3

infancy, insanity, diminished responsibility, and lack of responsibility to stand trial.

Question 4

The general rule is that a child under what age is not held criminally liable for his or her criminal conduct?

A) 18
B) 14
C) 7
D) 12:

Question 5

Children at what age are presumed to have the mental capacity to commit criminal offenses?

A) 18
B) 14
C) 7
D) 21

Question 6

The most widely used test for insanity is:

A) the M'Naghten test.
B) the ALI test.
C) the diminished capacity test.
D) the multiple choice test.

Question 7

Self-defense may be divided into the following categories:

A) deadly force and force likely to produce great bodily injury.
B) deadly force and assaulting force.
C) deadly force and nondeadly force.
D) force likely to produce great bodily injury and assaulting force.

Question 8

The self-defense doctrine contains:

A) proportionality and defense of others.
B) necessity and defense of others.
C) defense of others and defense of property.
D) proportionality and necessity.

Question 9

June was home alone when she heard the sound of breaking glass in her back room. She walked into the room and saw a large male with a knife in his hand climbing through the window. June yelled for him to leave; however, he continued to enter the room. She grabbed her shotgun, fired one round, and killed the intruder. Does June have any defense? If so, what is it?

A) Defense of property.
B) Self-defense.
C) None: she should have retreated prior to using deadly force.
D) None: she used excessive force, since the intruder was armed only with a knife.

Question 10

Bill was leaving his employment when he saw a person smash the window of his new $30,000 sports car. The perpetrator entered the car and started to drive away. Bill pulled out his .44 magnum (the most powerful handgun in the world) for which he had a permit, and fired one round, hitting the perpetrator in the back of the head and killing him. What defenses are available to Bill?

A) Self-defense.
B) Defense of property.
C) Defense of others.
D) None of the above.

Question 11

John was charged with multiple murder. At his trial, the defense attorney called a psychiatrist who testified that John was laboring under such a defect of reason, from diseases of the mind, as not to know the nature and quality of the acts that he committed or if he did know, he did not know that those acts were wrong. What is the name of the defense that is being raised in this case?

A) The ALI insanity test.
B) The M'Naghten insanity test.
C) The immediate impulse test.
D) None of the above.

Question 12

Which of the following is the best entrapment defense to any given crime?

A) I committed the crime because the government caused me to commit the crime.
B) I did not commit the crime because the government caused me to commit conduct that is considered criminal.
C) I committed the crime because I thought my act was not criminal.
D) I did not commit the crime because I thought my actions were justifiable.

Question 13

Duress as a defense is very similar to:

A) self-defense.
B) syndrome/disorders defenses.
C) diminished responsibility.
D) incapacity.

Question 14

The defense of necessity is similar to the defense of:

A) self-defense.
B) duress.
C) incapacitation.
D) others.

Question 15

The Castle Doctrine requires:

A) no legal duty to retreat as long as the person is in a place to where he
Or she has a right to be.
B) a legal duty to retreat before using deadly force, even when the person
Is in a place where he or she has a right to be.
C) a legal right to provoke the attacker.
D) the use of deadly force when the person is defending his or her home.

Question 16

Entrapment can be used as a defense for:

A) aggravated assault.
B) homicide.
C) rape.
D) prostitution.

Question 17

Generally, serious crimes such as murder, rape, and kidnapping, have statutes of
Limitations that:

A) last four years.
B) last ten years.
C) are infinite.
D) vary greatly based on the jurisdiction.

Question 18

The U.S. Insanity Defense Reform Act of 1984 shifted the burden of proof to whom?

A) The prosecution is required to prove the insanity defense beyond a reasonable doubt.
B) Neither, it is now a question for the jury to decide.
C) The defense is required to prove insanity by clear and convincing evidence.
D) The defense is required to prove insanity beyond a reasonable doubt.

Question 19

Syndrome and disorder-based defenses, such as PMS, PMT, battered woman, and post-traumatic stress, are most similar to what other defense?

A) Self-defense.
B) Intoxication.
C) Diminished responsibility.
D) Insanity.

Question 20

The general rule is that the non-aggressor has no duty to retreat prior to using deadly force.

Question 21

As a general rule, a person may never use deadly force in the defense of others.

Question 22

A person may use deadly force in the defense of property.

Question 23

The most widely used insanity test is the ALI insanity test.

Question 24

Most defenses go to the defendant's intent.

Question 25

The general rule is that children under seven years of age are not held criminally responsible for their conduct, but children fourteen and older are presumed to have the mental capacity to commit criminal offenses.

Question 26

There are two types of insanity as it relates to criminal law: 1) insanity at the time of the act; and 2) insanity at the time of the trial.

Question 27

The oldest legal test for insanity in the American court system is "the irresistible impulse test."

Question 28

The burden of proof in the various insanity tests always lies with the prosecutor. Diminished responsibility defenses are like insanity defenses in that diminished responsibility defenses address the defendant's reasoning ability.

Question 29

For the intoxication defense to be successful, the intoxication must be involuntary.

Question 30

Syndrome based defenses address the actor's lack of mental capacity.

Question 31

A justification defense arises when the actor commits an act that is not punished as being criminal.

Question 32

The key elements of self-defense are "proportionality" and "necessity."

Question 33

You may use deadly force to defend property.

Question 34

The use of deadly force may be justified when defending others.

Question 35

Duress may be used as a justification defense if an actor is forced to kill another person.

Question 36

The defense of necessity is a balancing of evils an actor faces.

Question 37

Mistake of fact is a defense to general intent crimes.

Question 38

To use the entrapment defense, the defendant must first admit to every single element of the substantive crime charged.

Question 39

In federal cases, the U.S. Insanity Defense Reform Act is not meant to bar evidence of mental abnormality from the jury's consideration of mens rea.

Question 40

Entrapment is justification for criminal behavior.

Question 41

Procedural defenses, such as double jeopardy and exceeding the statute of limitations, are elements of constitutional law, but are relevant to criminal law.

Question 42

Double jeopardy never allows for both a state and federal trial of the defendant for the same act of misconduct.

Question 43

Criminal responsibility defenses involve admission of guilt, but an excuse from criminal liability because the defendant lacked the mental capacity to form the intent.

Question 44

The insanity defense is used most often in cases involving non-serious crimes.

Question 45

Most defenses raise issues that involve the defendant's state of ___.

Question 46

The insanity defense is used in fewer than two percent of all trials involving ___ crimes.

Question 47

Insanity at trial time is referred to as ___ to stand trial.

Question 48

At common law, a child age __ or older was presumed to have the mental capacity to commit criminal offenses.

Question 49

The ___ test is known as the right and wrong test.

Question 50

The ALI's Model Penal Code established the substantial __ test.

Question 51

The disorder that has been used as a defense is the __ stress disorder.

Question 52

A common symptom for PMI is ___ headaches.

Question 53

___ defenses occur when the defendant is not considered at fault for having committed a crime.

Question 54

In 1979, Dan White was convicted of voluntary manslaughter when he used the __ defense.

Question 55

As a general rule, a person is justified in using force to prevent unlawful attack upon another person when the one using force reasonably believes that the one under attack is in imminent danger of ___ and the use of force is necessary to avoid the danger.

Question 56

Generally, ___ force is never permitted to protect property.

Question 57

Under the __ doctrine, there is no legal duty to retreat as long as the person is in a place where he or she has a right to be.

Question 58

Duress is not a defense to ___ or crimes involving serious bodily injury.

Question 59

It is generally stated that at common law a person had a right to resist an __ arrest.

Question 60

The defense of double jeopardy is a ___ defense.

Question 61

The statute of limitations is an ___ defense and must be raised by the accused

Question 62

The general rule is that the consent of the victim is __ a defense to criminal prosecution.

Question 63

In ___ intent crimes, mistake of fact will be a defense if the mistake relates directly to the general intent required for the commission of the crime.

Question 64

Match words with associated meaning, concepts, issues or principles

-When a government agent induces a person to commit a crime.

A) stand your ground laws.
B) excuse defenses
C) castle doctrine
D) entrapment
E) double jeopardy
F) defense of necessity
G) duress
H) mistake defense
I) justification defense
J) Twinkie defense

Question 65

Match words with associated meaning, concepts, issues or principles

-The defense that is similar to the defense of duress in that it is based upon a balancing of the evils a person faces.

A) stand your ground laws.
B) excuse defenses
C) castle doctrine
D) entrapment
E) double jeopardy
F) defense of necessity
G) duress
H) mistake defense
I) justification defense
J) Twinkie defense

Question 66

Match words with associated meaning, concepts, issues or principles

-These laws are sometimes referred to as "Shoot First" laws by individuals who are opposed to them

A) stand your ground laws.
B) excuse defenses
C) castle doctrine
D) entrapment
E) double jeopardy
F) defense of necessity
G) duress
H) mistake defense
I) justification defense
J) Twinkie defense

Question 67

Match words with associated meaning, concepts, issues or principles

-A nutrition defense

A) stand your ground laws.
B) excuse defenses
C) castle doctrine
D) entrapment
E) double jeopardy
F) defense of necessity
G) duress
H) mistake defense
I) justification defense
J) Twinkie defense

Question 68

Match words with associated meaning, concepts, issues or principles

-Defenses that arise when the defendant has engaged in conduct that is not punished under criminal law

A) stand your ground laws.
B) excuse defenses
C) castle doctrine
D) entrapment
E) double jeopardy
F) defense of necessity
G) duress
H) mistake defense
I) justification defense
J) Twinkie defense

Question 69

Match words with associated meaning, concepts, issues or principles

-Defenses that occur when the defendant is not considered at fault for having committed a crime.

A) stand your ground laws.
B) excuse defenses
C) castle doctrine
D) entrapment
E) double jeopardy
F) defense of necessity
G) duress
H) mistake defense
I) justification defense
J) Twinkie defense

Question 70

Match words with associated meaning, concepts, issues or principles

-Under this doctrine, there is no legal duty to retreat as long as the person is in a place where he or she has a right to be.

A) stand your ground laws.
B) excuse defenses
C) castle doctrine
D) entrapment
E) double jeopardy
F) defense of necessity
G) duress
H) mistake defense
I) justification defense
J) Twinkie defense

Question 71

Match words with associated meaning, concepts, issues or principles

-Sometimes people are forced to do what they do.

A) stand your ground laws.
B) excuse defenses
C) castle doctrine
D) entrapment
E) double jeopardy
F) defense of necessity
G) duress
H) mistake defense
I) justification defense
J) Twinkie defense

Question 72

Match words with associated meaning, concepts, issues or principles

-Ignorance of the law

A) stand your ground laws.
B) excuse defenses
C) castle doctrine
D) entrapment
E) double jeopardy
F) defense of necessity
G) duress
H) mistake defense
I) justification defense
J) Twinkie defense

Question 73

Match words with associated meaning, concepts, issues or principles

-Prohibition against being tried twice for same offense.

A) stand your ground laws.
B) excuse defenses
C) castle doctrine
D) entrapment
E) double jeopardy
F) defense of necessity
G) duress
H) mistake defense
I) justification defense
J) Twinkie defense

Question 74

List three categories of defenses.

Question 75

List the types of mental capacity defenses.

Question 76

Under the defense of infancy, when is a person considered capable of committing a crime?

Question 77

Explain the consequences of insanity at the time of the crime, the time of trial, and during incarceration.

Question 78

Explain the M'Naghten test for insanity.

Question 79

Distinguish between the two types of insanity tests.

Question 80

When is the use of deadly force justified?