Deck 4: Justification Defenses

Question 1

The Supreme Court held that the use of deadly force by the police to prevent the escape of a fleeing felon could be justified only where the suspect could reasonably be thought to represent what type of threat to the public or to the officer and where deadly force is necessary to effect the arrest?

A)Serious bodily injury or death
B)Bodily injury or serious bodily injury
C)Death
D)Bodily injury

Answer 1

A

Question 2

What is a defendant's acquittal as the result of the prosecution failing to prove one or more of the elements of the crime or leaving reasonable doubt in the mind of the jury?

A)Failure of proof defense
B)Failure of defense
C)Failure of proof affidavit
D)None of the above

Answer 2

A

Question 3

Generally speaking, a person is entitled to use what type of force to protect his or her possession of property?

A)Deadly force
B)Non-deadly force
C)Excessive force
D)Any force

Answer 3

B

Question 4

When law enforcement considers the use of deadly force against a suspect, one must consider which of the following?

A)The suspect must be armed and deadly.
B)The suspect must show obvious intent to commit harm.
C)The threat must be immediate.
D)All of the above.

Question 5

The concept that a person is not required to retreat if that person is the victim of an unprovoked attack is known as what legal principle?

A)Stand firm principle
B)Stand your ground rule
C)Do not retreat rule
D)None of the above

Question 6

What must be present to substantiate a successful claim of self-defense?

A)The threat must be imminent.
B)The threat must be deadly.
C)The threat must be offensive.
D)None of the above.

Question 7

Excuse defenses can include which of the following categories?

A)Involuntary action
B)Action related to cognitive deficiencies
C)Action related to volitional deficiencies
D)All of the above

Question 8

A theory that underlying justification defenses are based on the idea that the allegedly criminal action benefits society is known as what type of theory?

A)Superior interest theory
B)Moral rights theory
C)Overall interest theory
D)Public benefit theory

Question 9

Which defense may only be claimed in the case of an unprovoked attack?

A)Mutual defense
B)Personal defense
C)Exceptional defense
D)Self-defense

Question 10

The Model Penal Code recognizes a "choice of evils" defense, which says that criminal conduct will be justified base on which of the following actions?

A)The offender believes the crime is necessary to avoid harm to him or others.
B)The harm to be avoided is greater than the harm committed by the crime.
C)There is no legislative language that excludes such conduct.
D)All of the above.

Question 11

What theory has underlying justification defenses based on the idea that a superior interest justifies criminal conduct in some situations?

A)Moral Rights Theory
B)Public Benefit Theory
C)Superior Interest Theory
D)Private Benefit Theory

Question 12

A person who has a suspended driver's license, but drives a seriously ill family member to the emergency room of the local hospital, is an example of what?

A)Defense of insanity
B)Defense of necessity
C)Defense of family
D)None of the above

Question 13

Self-defense is an example of what type of defense?

A)Justification defense
B)Failure of proof defense
C)Affirmative defense
D)None of the above

Question 14

Assume Dylan stole Alex's soccer ball, but almost immediately returned it because he found his own ball. This is an example of what type of defense?

A)De plus refraction defense
B)No crimus infraction defense
C)De minimus infraction defense
D)None of the above

Question 15

Under the Model Penal Code, what occurs when someone takes a significant step toward committing a criminal offense?

A)Criminal attempt
B)Criminal negligence
C)Criminal recklessness
D)Criminal episode

Question 16

The law enforcement defense extends only to those people tasked with and legally authorized to enforce laws. This includes which of the following?

A)City, state, and federal law enforcement
B)All security guards
C)Citizens on patrol with the legal right to carry a weapon
D)All of the above

Question 17

One particularly confusing aspect of self-defense is that self-defense requires what?

A)Subjective components
B)

Question 18

John happens on a person in a shallow cove with his foot hopelessly wedged between two pieces of coral. John observes that the tide is already rising and the person is fighting to keep his head above the rising waters. Knowing that the person will drown before Life Care can arrive, John decides to cut the person's foot off to keep the person from drowning. This is an example of what type of defense?

A)Good Samaritan Defense
B)Bad Samaritan Defense
C)Necessity Defense
D)None of the above

Question 19

Which of the following may be perceived by the courts to be an alternative to self-defense?

A)Retreat is an option.
B)The use of force is obviously not required.
C)The threat is not a real threat.
D)All of the above

Question 20

Based on the rule of proportionality, the act of self-defense must include what level of force?

A)Any level of force
B)Whatever force is immediately available
C)Only the level of force necessary to stop the assault
D)The exact same level of force being used against the victim

Question 21

Two teenagers consenting to shooting BB rifles at each other, resulting in the loss of the sight in one eye due to injury from one of the BBs, is considered an accident by the courts because of the element of consent.

Question 22

A law enforcement officer confronted with a situation where a suspect may merely be armed justifies deadly force to be used.

Question 23

It is not always easy to identify the initial aggressor, and it is not always clear what types of behaviors constitute aggressive actions.

Question 24

A person intentionally shoots another person. The victim dies. However, the prosecution fails to prove that the suspect intended to kill the victim. The suspect will be set free.

Question 25

According to the Model Penal Code, a person is completely within his or her right to shoot a burglar even though no personal threat exists.

Question 26

The difference between the castle doctrine and "make my day law" is that the latter is premised on a defense of habitation theory, not a self-defense theory.

Question 27

The Model Penal Code allows an ordinary citizen to use force to prevent a person from committing suicide.

Question 28

What positions do courts take when it comes to the use of deadly force concerning defense of habitation?

A)Court are still divided
B)All courts agree on the use of deadly force regardless of entry
C)All courts agree on the use of deadly force only if forced entry
D)None of the above

Question 29

Deadly force is authorized against an intruder if the actor believes the intruder is seeking to dispossess him of his dwelling, the intruder has no claim of access to the property, and the force is immediately necessary.

Question 30

The necessity defense, also called the choice of evils, justifies certain types of criminal activity when it cannot be avoided. However, claims of necessity generally fail in cases of homicide.

Question 31

Deadly force may be used in defense-of-property if the situation involved in defense-of-property evolves into a self-defense or defense of others that justifies the use of deadly force.

Question 32

A defense of necessity will likely succeed if a person drives on a suspended license, a relatively minor crime, to take a sick loved one to the hospital.

Question 33

What defense available to female victims of domestic violence who kill their partners is often raised as a declaration of self-defense?

A)Domestic violence defense
B)Family violence defense
C)Battered woman syndrome defense
D)None of the above

Question 34

If a situation arises where an arrest is an unlawful arrest, what force may the victim use to resist the illegal arrest?

A)Any level of force, including deadly force
B)Any level of force necessary to stop the arrest
C)Any level of force necessary to stop the arrest, but not deadly force
D)None of the above

Question 35

What conditions must be met in order for a claim to succeed under the Model Penal Code?

A)The actor would be justified under Section 3.04 in using such force to protect himself against the injury he believes to be threatened to the person whom he seeks to protect.
B)Under the circumstances as the actor believes them to be, the person whom he seeks to protect would be justified in using such protective force.
C)The actor believes that his intervention is necessary for the protection of such other person.
D)All the above

Question 36

The State of Alaska has what type of castle doctrine law?

A)Strong castle doctrine law
B)Weak castle doctrine law
C)No castle doctrine law
D)There is no such law

Question 37

FBI training for deadly force states that, if feasible, and if doing so would not increase the danger to the agent or to others, a verbal warning to submit to the authority of the agent should be given prior to the use of deadly force.

Question 38

In general, people are authorized to use spring guns or any other mechanical device of the sort based on the rules applicable to protecting one's domicile.

Question 39

A suspect's prior conduct or criminal history does not effect the officer's decision to use deadly force against that suspect.

Question 40

A nonexculpatory defense is a defense that is related to the elements of the crime or defendant's alleged fault or guilt.

Question 41

The necessity defense, also called the ________________ defense, justifies certain types of criminal activity when it cannot be avoided.

Question 42

If the aggressor ______________ in some fashion and later uses force in self-defense, he or she may escape criminal liability.

Question 43

Defenses that result in the defendant being convicted of a lesser crime, but do not result in an acquittal, are known as perfect defenses.

Question 44

There are four general requirements for a successful modern-day claim of self-defense: an unprovoked attack, imminent danger, absence of alternatives, and ________________.

Question 45

Battered woman syndrome rarely succeeds as a defense when the abuser is __________ when he posed no immediate danger.

Question 46

David is a patrol officer with the Dallas Police Department. While patrolling southeast Dallas, David sees a man running out of the house on the corner of main and 3ʳᵈ Street. A woman stumbles out of the house. She is yelling, "Help! I have been robbed!" David immediately reports the crime in progress to dispatch and requests a back up. He observes the man enter a 2001 dark green Chevrolet pickup. As the suspect pulls the vehicle onto the roadway, David asks dispatch to verify the license plate on the vehicle. Dispatch advises David that the vehicle belongs to Lonny Smith who is well known by all of Dallas police as a hardened criminal who has fired his weapon on more than three separate occasions in a battle to resist arrest. David follows the fleeing suspect while he waits for back up to arrive. Three other units arrive and they initiate a felony stop. Are David and the other officers justified in displaying and using deadly force against this suspect? Why or why not? What if the suspect jumps from the car and tries to run away without displaying any type of weapon. Will the officers be justified in shooting him since he is a fleeing felon? Why or why not?

Question 47

A person is justified in using _______________ force to protect another from the unlawful use of force by an aggressor.

Question 48

At common law, the victim of an unlawful arrest could use as much force necessary to resist an illegal arrest with the exception of _________________.

Question 49

A woman who suffers repeatedly from unprovoked beatings from her intoxicated husband and assaults the husband by hitting him with a frying pan as soon as he enters the home may seek defense from prosecution under the _________________.

Question 50

A man and his wife leave a nightclub and are confronted by a robber wielding a knife as they reach their car. The robber threatens to kill them if they do not give him all their money and jewelry. The husband assures the robber that he left his wallet in the car. The robber tells him to retrieve the wallet, but to be careful because he will kill the man's wife if he tries any tricks. The man actually retrieves a loaded pistol; turns and fires the weapon; killing the suspect. What charges will be filed against the man, if any? Does the husband rely on lawful use of force? Why? Why not?

Question 51

___________________ is a defense that prevents conviction if the defendant's actions were so trivial or minor in relation to the intent of the criminal law.

Question 52

Jane is an abused wife who does not work and has no other means of income other than the income provided by her husband, John. John is an alcoholic who stops off at a local bar on the way home from work every night to unwind. John always arrives home around 9:00 p.m. intoxicated from his nightly binge. As soon as he walks in the door he begins to beat his wife severely with personal weapons or anything available at that moment. John's beatings have put Jane in the hospital three times in the past six months. She has filed charges against John, but the courts continually put him on probation with mandated counseling. Jane knows that John is going to be exceptionally brutal on this specific night because they had a fight before he left for work. She decides she is not going to tolerate another beating from John. Jane meets John as he enters their home and greets him with a large, cast-iron skillet. The blow fractures John's skull and he crumples to the floor. Jane immediately calls 911. John is rushed to the hospital. What defense may Jane rely upon to justify her actions? What if John dies? Will that same defense apply? Why or why not?

Question 53

Prosecution in a murder case has failed to prove that the suspect intentionally assaulted the victim with the intent to kill the victim. Explain what options for the prosecution may be available if this situation occurs. What could the defendant expect to gain from the lack of proof? If any other charges can be introduced, what charges might be pursued? Would the degree of proof be the same as that required proving intent?

Question 54

The Supreme Court held that all claims that law enforcement officers have used excessive force-deadly or not-in the course of an arrest, investigatory stop, or other "seizure" of a free citizen, should be analyzed under the Fourth Amendment and its __________________ standard.

Question 55

The doctrine that states that a non-aggressor is not required to retreat from his or her home if attacked is known as ____________________.

Question 56

Statute of limitations is the maximum amount of time allowed by law to seek prosecution for certain crimes or offenses.

Question 57

___________________ is a state law that provides homeowners with considerable latitude to use force to defend their dwelling from unauthorized intruders.

Question 58

New Hampshire, Vermont, New York, Pennsylvania, Virginia, Iowa, South Dakota, Nebraska, New Mexico, Idaho, and Nevada are states with _________________.

Question 59

The Model Penal Code sanctions the use of _____________ force in "self-protection" when "the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion."

Question 60

A man fishing in a bay in San Diego discovers a man who had been wade-fishing during low tide. The man had stepped into a hole between two large sections in a coral reef. The fisherman attempts in vain to free the man before the rising tide overwhelms the man. The fisherman determines that the only hope of freeing the man before he succumbed to the rising tide was to amputate the man's foot. The man has passed out because of the painful cuts received from the coral. The fisherman proceeds to amputate the man's foot; frees him from the coral; and revives him once he is back on the nearby beach. The fisherman calls 911 and stays with the man until the ambulance arrives. Once the man regains his health, he files charges against the fisherman for aggravated assault and files a civil suit as well. Explain what charges the man will be able to file, if any. Does the man have a case? Will a civil suit prevail? If so, why? If not, why?

Question 61

George has been having problems with someone burglarizing his home on numerous occasions, especially during Christmas season. The unknown suspects have cost George a considerable amount of money and because he lives in a rural area the burglar alarm system he bought offers no help because the suspects are long gone before law enforcement is able to make the scene. George decides that this Christmas he is going to take matters into his on hands. He creates a spring trap at the front and back doors of his home. The spring action fires a shotgun loaded with buckshot from either location. The only clear access into the home is through the locked garage. George and his family decide to go to the movies. During their absence, the burglars strike again. This time they decide to force entry through the back door. The first suspect is killed instantly, but the other suspect is only wounded. He flees the scene on foot, leaving a blood trail into the wooded area behind George's home. Law enforcement responds because the alarm was tripped when the backdoor was forced open. They circle the house before trying to enter and discover the body of the one suspect still at the scene. They also observe the spring trap left by George. They follow the bloody trail and discover a teenage boy lying in a pool of blood about fifty yards inside the wooded area. He is still alive. The officers call for Care Flight and stay with the boy until the helicopter arrives. What charges will the officers file against the remaining suspect? Will any charges be filed against George? Why or why not? What if George had set the traps to protect his family while he was away on a business trip and the family was home when the suspects attempted to enter the home? What charges would be filed against George, if any? Would George have any defense to prosecution? Would the suspects have any defense to prosecution?