Deck 5: Excuse Defenses

Question 1

Which defense straddles the lines between criminal law and criminal procedure?

A)Engagement
B)Entrapment
C)Enticement
D)Trapment

Answer 1

B

Question 2

Which of the following is NOT one of the four circumstances 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 ignores the warning label on an over-the-counter medicine label that warns of possible intoxication from over-consumption of the medicine.
D)The person suffers from "pathological intoxication."

Answer 2

C

Question 3

What does it mean if, during a trial, evidence is introduced that leads the jury to believe that the suspect was temporarily not responsible for his or her actions?

A)The suspect may have been temporarily insane.
B)The suspect's physical impairment because of the intoxication caused crime.
C)The suspect's body weight versus the rate of consumption caused the crime.
D)None of the above.

Answer 3

A

Question 4

Why can a person who voluntarily ingests an intoxicant not succeed with a defense of intoxication?

A)Why should a person who chooses to get drunk or stoned then be excused for actions committed in his or her altered state?
B)Why should anyone care if the person was intoxicated at the time of the crime?
C)Everyone is responsible for his or her actions regardless of the state of sobriety.
D)None of the above

Question 5

Under what age does the Model Penal Code provide a defense of "immaturity," which requires that a person may not be convicted of a crime?

A)Under 17
B)Under 18
C)Under 16
D)None of the above

Question 6

Who made the statement that "disallowing consideration of voluntary intoxication has the effect of increasing the punishment for all unlawful acts . . . and thereby deters drunkenness or irresponsible behavior while drunk. The rule also serves as a specific deterrent, ensuring that those who prove incapable of controlling violent impulses while voluntarily intoxicated go to prison."

A)Justice Sandra Day O'Connor
B)Justice Antonin Scalia
C)Justice Arelia Smith
D)Justice Black

Question 7

Which of the following is NOT one of the non-homicide offense elements of defense?

A)The defendant "acted under the compulsion of threat or imminent infliction of death or great bodily injury."
B)The defendant "reasonably believed that death or great bodily harm would have been inflicted upon him (or another) had he not acted as he did."
C)The compulsion or coercion was "imminent and impending and of such a nature as to induce a well-grounded apprehension of death or serious bodily harm if the act is not done."
D)There was "a reasonable opportunity to escape the compulsion without committing the crime."

Question 8

Which of the following is not one of the several factors that allow one to rely on intoxication as a defense to prosecution?

A)The intoxication is involuntary.
B)The intoxication is voluntary.
C)Does the intoxication negate the mens rea of the crime?
D)Is the crime a strict liability crime?

Question 9

In Sherman v. United States, the Supreme Court adhered to what particular type of test that focuses on offender predisposition?

A)Objective test
B)Rejective test
C)Subjective test
D)Reflective test

Question 10

A disturbance of mental or physical capacities resulting from the introduction of any substance into the body is the formal definition of which term?

A)Insanity
B)Psychotic episodes
C)Intoxication
D)Drugs

Question 11

What defenses are available under the Model Penal Code, if a suspect recklessly or negligently places him or herself in a precarious situation?

A)Duress
B)Insanity
C)Compulsion
D)No defense is available

Question 12

What are the two areas where the defense of duress blurs together with one or more other defenses?

A)Prison escapes and battered woman syndrome
B)Murder and kidnapping
C)Robbery and human trafficking
D)Domestic violence and theft

Question 13

Age serves to excuse criminal action in some situations. Under what age do children have absolutely no criminal capacity?

A)10
B)7
C)5
D)14

Question 14

Which of the following is NOT one of the three types of intoxication mentioned in the Model Penal Code?

A)Self-induced intoxication
B)Intoxication through group participation
C)Intoxication that is not self-induced
D)Pathological intoxication

Question 15

Which of the following crimes do some states expressly forbid reliance on the defense of duress, while other states treat it as an imperfect defense?

A)Assault
B)Homicide
C)Theft
D)Robbery

Question 16

Which of the following represents the three claims of excuse defenses a defendant may claim?

A)The action was involuntary.
B)The action was the product of a cognitive deficiency (insanity).
C)The action resulted from a volitional deficiency (outside source compelling the action).
D)All the above

Question 17

What kind of approach does the Model Penal Code take with regard to the entrapment defense?

A)Personal
B)Intense
C)Objective
D)Subjective

Question 18

What type of defense may a person claim who is kidnapped and forced to participate in a bank robbery?

A)Duress
B)Necessity
C)Insanity
D)Temporary insanity

Question 19

Which of the following may allow the defendant in an entrapment case to escape conviction via a due process argument, rather than an affirmative defense?

A)If government officials use violence
B)If government officials supply contraband that is wholly unobtainable
C)If government officials engage in a criminal enterprise
D)All of the above

Question 20

At what age may children be considered to have the same capacity as adults?

A)14
B)10
C)12
D)13

Question 21

Juvenile courts do not normally have mechanisms in place for transferring, or waiving, juveniles to adult court.

Question 22

Duress is when the defendant is compelled or forced to commit a crime by threat or use of force.

Question 23

What type of defense is potentially available when the crime is based on psychological trauma that the defendant suffered after experiencing a traumatic event?

A)Post-Traumatic Stress Disorder (PTSD)
B)The mob-mentality defense
C)The Urban Survival Syndrome
D)None of the above.

Question 24

It is exceedingly difficult for a battered woman to be excused from criminal liability if she kills her husband, yet has the option of escape.

Question 25

When a defendant relies upon the use of alcohol or drugs as a defense, mental illness caused by voluntary intoxication is a legal defense.

Question 26

A person who is coerced or accidentally ingests an intoxicant is considered to be involuntarily intoxicated.

Question 27

Children who were 16 to 17 at the time of their crimes can be tried as what?

A)Juvenile delinquents only
B)Status offenders only
C)Children offenders
D)Juveniles or adults

Question 28

In 1943, Daniel M'Naghten attempted to assassinate British Prime Minister Robert Peel.

Question 29

Most states have very few methods or ways to impose adult sanctions on juvenile offenders.

Question 30

Causation is a core requirement in certain criminal offenses (particularly result crimes).

Question 31

A defendant pleading diminished responsibility does not seek relief from punishment by justification or excuse, but seeks to be punished for a lesser offense which he generally admits committing.

Question 32

Excuse defenses are a waste of court time and taxpayer money because they are too controversial and non-essential.

Question 33

Urban psychosis is a condition analogous to PTSD that results from a "traumatic childhood in a violent inner-city home and neighborhood."

Question 34

The three categories of creative excuse defenses are excuses based on physiology, psychology, and sociological excuses.

Question 35

Intoxication is formally defined as a "disturbance of mental or physical capacities resulting from the introduction of any substance into the body."

Question 36

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

Question 37

A defense that reduces a death sentence to a prison term if the defendant lacked the mental ability to appreciate the wrongfulness of his contact is known as what?

A)Definite responsibility
B)Probable responsibility
C)Partial responsibility
D)None of the above.

Question 38

The insanity defense deals with the defendant's competence under what conditions?

A)Competence at the time he or she committed the crime.
B)Competence at the time of the trial.
C)The presence or lacking of realistic behavior during trial.
D)None of the above.

Question 39

For all non-homicide offenses, there exist only three general elements, the threat of imminent death or serious injury; threat of imminent personal death or serious injury; and no reasonable opportunity of escape exists.

Question 40

The criminal defense based on the presence of an extra "Y" chromosome and hyper masculinity is known as what?

A)The XYZ chromosome defect
B)The XYY chromosome defect
C)The XXY chromosome defect
D)The YXY chromosome defect

Question 41

PMDD is an extreme version of _________, which is a defense afforded to women who experience extreme agony and sometimes become violent.

Question 42

There are three main mechanisms for treating juveniles as adults: legislative exclusion, concurrent jurisdiction, and _____________.

Question 43

Intoxication is important in criminal law because it affects ______________.

Question 44

Some states recognize that duress can reduce _______________.

Question 45

Evaluate the common law age categories based on a child's capacity to commit crimes. Analyze why certain age levels are relative to culpable mental states and mental maturity. Evaluate the importance of determining when and why a child should be tried as an adult. Determine if a child tried as an adult should be incarcerated in an adult or juvenile facility.

Question 46

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

Question 47

In its simplest form, the entrapment defense arises when government officials
"plant the seeds" of criminal _________________.

Question 48

______________ defenses, while controversial, are essential.

Question 49

Legislative exclusion may also be known as _______________ exclusion.

Question 50

The defendant's competence to stand trail is usually considered in a _____________ pretrial hearing.

Question 51

The first Supreme Court case recognizing the entrapment defense was Bishop v. United States in 1905.

Question 52

Identify the five general elements for all non-homicide offense and analyze how each of these elements apply to the excuse of defense. Evaluate why these five elements are important when considering duress.

Question 53

An intoxicated person may also be "insane," if only temporarily.

Question 54

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

Question 55

When reviewing entrapment cases, the Supreme Court has opted to focus on the ________________ predisposition of the offender instead of the government's role in instigating the crime in question.

Question 56

John's parents not only physically and mentally abused him and his siblings, but also abused all of the family pets. John's learned to withdraw from the family in attempts to avoid contact with his abusive parents. He secretly hated them not only for the abusive acts, but also because they were constantly intoxicated from drugs or alcohol. John's habitual withdrawal interfered with his studies and involvement in school events as well. However, peer pressure had little impact until he started high school. During his second year in high school, two high school bullies victimized John during school. John skipped school the next day, but showed up as the two bullies headed toward the school bus waiting to take them home. John runs up to the bullies, pulls out a .45 caliber semi-automatic pistol he had stolen from his father's bedroom, and shoots the bullies until the weapon is empty. Both of the bullies were killed.
Analyze John's childhood history and compare his actions against the bullies to the abuse he endured throughout his childhood. Does John have any form of defense against prosecution? Why or why not? Being a sophomore in high school, John would be about 16 years old. Would the courts try him as a juvenile or an adult?

Question 57

Analyze the differences between voluntary and involuntary intoxication. Evaluate when a person can appropriately rely on the involuntary intoxication defense? May a person rely on involuntary action even though he or she voluntarily became intoxicated? If so, when and why?

Question 58

Identify and evaluate the tests for insanity. Analyze the importance of each test in determining the defense of insanity. Evaluate when may one rely upon insanity as a defense against prosecution?

Question 59

The three categories of creative excuses are physiological, psychological, and sociological excuses, which are sometimes referred to as ________________ defenses.

Question 60

Ricardo and Maria were major drug dealers in the Miami-Dade area in Florida. Law enforcement efforts to gain access to the two dealers through the use of undercover agents had proven futile. Ricardo and Maria simply would let no new outsiders meet with them personally. In a final effort to shut down this major drug operation the police decide to develop a sting that would be irresistible to the drug duo. However, to ensure that the duo would welcome the enticement, the police department removed actual drugs accumulated throughout the year from various other drug busts. The police preempt the sting by leaking a story to the local news that the police suspected that a major drug shipment might be smuggled into the Miami-Dade area sometime during the next month. The police released enough information through the local informants to ensure that Ricardo and Maria would take the bait and attempt to take command of the drugs when the "new dealers" entered their neighborhood. On July 2, 2011, at approximately 2:00 AM, the police drive a loaded 18-wheeler from a police storage facility to an abandoned warehouse in the Ricardo/Maria drug district. The trailer rig is locked inside the warehouse as a web of law enforcement is established to snare the duo if they should arrive to claim the drugs. At approximately 4:00 AM, the duo arrives with a handful of personal guards to inspect the trailer. As soon as the duo enters the trailer law enforcement moves in for the bust. The suspects are arrested.
During there trial, the attorney for the duo defends her clients' action based on the rules of entrapment. What rules will enhance the defense? What major mistake did the police make, if any? What action may have proven to be a more effective scenario?