Question 1

Brinkley's attorney will claim that, at the time of committing his crimes, the defendant, as a result of serious mental disease or defect, did not understand the nature and quality of his actions or could not tell right from wrong.This attorney is relying upon the:

Accepted Answer

The M'Naghten Rule is a legal standard for the insanity defense in which the defendant must prove that at the time of the crime, he did not understand the nature and quality of his actions or that what he was doing was wrong due to a mental disease or defect. This matches the defense that Brinkley's attorney is relying upon. The ALI insanity standard or Freeman rule and the Durham Test are other standards for the insanity defense, but they are not applicable in this scenario. The Blockburger Test, on the other hand, is a test used to determine whether two criminal offenses are the same for double jeopardy purposes and is not relevant to the insanity defense.

Question 2

The defenses that will be put forth in this scenario are likely to place the burden of proof on the:

Accepted Answer

The answer of The defenses that will be put forth...

Question 3

Brinkley's act of accidentally grabbing the wrong piece of luggage at the airport is most likely to be:

Accepted Answer

Brinkley's act of accidentally taking the wrong luggage is most likely a mistake of fact, meaning there was no intention to steal or commit a crime. As long as Brinkley makes a good faith effort to return the luggage to its rightful owner, there would be no criminal charges in this situation.

Question 4

In terms of the criminal charge for possession of child pornography, Wilbur will likely assert a defense of:

Accepted Answer

Entrapment is a defense that can be used when a person is induced by a law enforcement officer to commit a crime that they would not have otherwise committed. If Wilbur can show that he was persuaded or induced by a law enforcement officer to possess child pornography, he may be able to successfully argue entrapment as a defense.

Question 5

In terms of a potential criminal charge for trespassing in regard to their entering the shed, Wilbur and Orville should be able to successfully assert a defense of:

Accepted Answer

The best choice is necessity. Necessity is a legal defense that allows a person to take action that would otherwise be illegal if it was necessary to prevent a greater harm. In this case, Wilbur and Orville entered the shed because they believed that their brother's life was in danger. Their actions were necessary to prevent harm to their brother, and therefore they should be able to successfully assert a defense of necessity if charged with trespassing.

Question 6

Slayer and his associates submit that their economic plight ("being broke") compelled them to take drastic measures to earn money.This defense might be deemed economic duress and is _______________ in court.

Accepted Answer

The defense of economic duress is rarely employed in court and even more rarely successful, as it is difficult to prove that the dire financial situation was the only reasonable option for the defendant to avoid harm.

Question 7

Why do courts not allow a mistake of fact to be asserted as a defense to a general-intent crime unless the mistake is one that a reasonable person would make?

Accepted Answer

The answer of Why do courts not allow a mistake...

Question 8

Identify two instances when a defendant who has prevailed on appeal may be retried for the same offense and an instance where the defendant must be discharged.

Accepted Answer

The answer of Identify two instances when a defendant who...

Question 9

A ___________ is a legislative enactment that places a time limit on the prosecution of a crime.

Accepted Answer

The answer of A ___________ is a legislative enactment that...

Question 10

Both defenses that will be put forth in this scenario can be classified as:

Accepted Answer

Affirmative defenses are those where the defendant admits to committing the crime but offers a justification or excuse for their actions. Both defenses described in the scenario fall under this category. The first defense, self-defense, is a classic affirmative defense where the defendant admits to using force or violence but argues that it was necessary to protect themselves or others. The second defense, entrapment, is also an affirmative defense where the defendant admits to committing the crime but argues that they were induced or coerced by law enforcement to do so.

Question 11

_______________ consists of law enforcement inducing a person who is predisposed to commit a crime to commit that crime.

Accepted Answer

The answer of _______________ consists of law enforcement inducing a...

Question 12

The U.S.Constitution provides that members of ____________ are privileged from arrest during attendance at and in going to or from legislative sessions.

Accepted Answer

The answer of The U.S.Constitution provides that members of ____________...

Question 13

Lawyers for the pizza delivery boy will assert which defense against his charge of bank robbery?

Accepted Answer

The defense of duress involves the defendant claiming that they were forced to participate in the crime, typically due to a threat of physical harm. In this case, the pizza delivery boy may argue that he was under duress when he committed the robbery, such as being threatened by the actual robber who had a weapon.

Question 14

Authority to grant immunity in ______________ courts is vested in the U.S.Attorney General.

Accepted Answer

The answer of Authority to grant immunity in ______________ courts...

Question 15

The defenses put forth in this section are often used successfully as a defense against a homicide charge.

Accepted Answer

The answer of The defenses put forth in this section...

Question 16

Explain the levels of force that a person may use (a) in defense of self and others and (b) in defense of his or her dwelling.

Accepted Answer

The answer of Explain the levels of force that a...

Question 17

Compare and contrast the approach to the insanity defense outlined in the Insanity Defense Reform Act of 1984 with the ALI approach followed in a number of state courts.

Accepted Answer

The answer of Compare and contrast the approach to the...

Question 18

Which Supreme Court case will best assist Wilbur's lawyers in having the child porn charges dismissed?

Accepted Answer

Jacobson v. United States established the concept of mens rea, or criminal intent, as a necessary element of a crime. In this case, Wilbur can argue that he did not know the images on his computer were child pornography and therefore did not have the necessary intent to commit the crime. This case could potentially assist in having the child porn charges dismissed.

Question 19

Some states grant ___________ immunity to a witness who testifies under a grant of immunity, which protects that witness from prosecution for any activity mentioned in his or her testimony.

Accepted Answer

The answer of Some states grant ___________ immunity to a...

Question 20

Explain the difference between the objective view and the subjective view of entrapment.Which view do you think better serves the interest of the public? Which view do you think better serves the rights of a defendant? Give reasons for your answer.

Accepted Answer

The answer of Explain the difference between the objective view...

Quiz 14: Criminal Responsibility and Defenses