Question 1

What state passed the first new castle doctrine?

Accepted Answer

Florida passed the first modern-day castle doctrine law in 2005. Prior to this, there were varying laws and interpretations of self-defense and the protection of one's home and property. The Florida law has since been adopted by many other states and expanded to include vehicles and other locations.

Question 2

Case 5.3
Savannah and her girlfriend Vanessa have been drinking at her apartment most of the afternoon. They are arguing when Savannah goes into her bedroom and gets her gun. She shoots at Vanessa but misses. Vanessa leaves the apartment and gets a gun from her car. She returns to the apartment. Savannah yells stop and runs towards the bathroom. Vanessa shoots at her but also misses. Savannah turns and shoots Vanessa.

-What element of self-defense would Savannah fail to meet in this encounter if she did not withdraw?

Accepted Answer

Savannah would fail to meet the element of "unprovoked attack" in this encounter if she did not withdraw because she initially retrieved her gun and shot at Vanessa, initiating the aggression.

Question 3

Which of the following is recognized as a valid consent defense situation in most states?

Accepted Answer

The valid consent defense situation recognized in most states is when the injury happens during a sporting event, as the injury is considered a known and accepted risk of participation in the sport. A person cannot legally consent to be killed or to a crime being committed on their children, and statutory rape is a crime that is not eligible for a consent defense.

Question 4

Case 5.2
Vincent is awoken in the middle of the night by a sound outside his house. He takes a loaded .38 pistol from his nightstand and proceeds downstairs to his kitchen to check on the noise. He encounters a stranger in his kitchen. The stranger hits him in the face knocking him to the floor. As he gets up his see the man running out his kitchen door. Vincent shoots the man through the kitchen door.

-Which of the following rules is most applicable to this case?

Accepted Answer

The answer of Case 5.2
Vincent is awoken in the middle...

Question 5

To provide a valid consent defense,the consent of the victim must be

Accepted Answer

To provide a valid consent defense, the consent of the victim must be knowing and voluntary, meaning that the victim must fully understand the nature and extent of the act they are consenting to and they must be the one to make the decision without any coercion or force. Other requirements such as being in writing or authorized are not necessary for a valid consent defense. Consent must also be given before the crime occurs, so choice D is not correct. Choice A is partially correct, but does not fully encompass the requirements of a valid consent defense.

Question 6

Knowing consent means

Accepted Answer

The answer of Knowing consent means
...

Question 7

The Jacqueline Galas case deals with the expansion of what laws?

Accepted Answer

The answer of The Jacqueline Galas case deals with the...

Question 8

The retreat rule is the

Accepted Answer

The retreat rule is considered a minority rule in chess, meaning it is not widely adopted or recognized in standard chess play. Unlike the majority rule, which reflects the practices or rules accepted by the majority of players, the retreat rule is less common. It is also distinct from the castle rule, which is a well-established rule allowing a specific move involving the king and a rook.

Question 9

If attackers completely withdraw from attacks they provoke,they can defend themselves against an attack by their initial victims.This is known as

Accepted Answer

The withdrawal exception allows attackers to defend themselves if they completely withdraw from the attack and communicate their intent to stop the aggression.

Question 10

Most self-defense statutes require the belief in imminent danger to be honest and

Accepted Answer

Most self-defense statutes require the belief in imminent danger to be reasonable, meaning that a reasonable person in the same situation would have believed that there was an imminent danger. However, the other answer choices are also related to the concept of honesty and credibility in self-defense claims.

Question 11

Two commonly mentioned reasons for the current spread of new castle laws are Americans' heightened consciousness and concern about their security since 9/11 and

Accepted Answer

The spread of new castle laws, which allow individuals to use force to defend themselves without the duty to retreat in their homes (and sometimes in public places), is often attributed to a heightened sense of vulnerability among Americans post-9/11 and concerns over insufficient police presence to ensure public safety. This perception that there are not enough police officers to protect the public effectively contributes to the desire for legal provisions that empower individuals to defend themselves.

Question 12

One of the four elements of self-defense states that defenders can use deadly force only if they reasonably believe it's necessary to repel an imminent deadly attack.What is the name of this element?

Accepted Answer

Necessity is the element of self-defense that requires the use of force to be necessary to repel an imminent threat.

Question 13

One element of self-defense requires that defenders can use deadly force only if the use of nondeadly force isn't enough to repel the attack.What element is this?

Accepted Answer

This element is known as proportionality, which means that the force used in self-defense should be proportional to the threat faced. Deadly force is justified only when nondeadly force is not enough to repel the attack. This principle ensures that the defender does not use excessive force and cause more harm than necessary.

Question 14

Regarding defense of home and property,most statutes do not include what area?

Accepted Answer

The curtilage is not typically included in the area where an individual has the right to defend their home and property. The curtilage refers to the area immediately surrounding the home, such as the driveway or front porch, and is considered part of the home itself in terms of legal protection. However, laws and definitions of curtilage can vary by jurisdiction.

Question 15

The case of The Queen v.Dudley and Stephens (1884)involves which defense?

Accepted Answer

The case of The Queen v. Dudley and Stephens involves the defense of imminent necessity, where the defendants argued that they had to kill and eat the cabin boy in order to survive after being stranded at sea for weeks. However, the court ultimately found them guilty of murder. The other choices (the castle doctrine, the Good Samaritan defense, and unprovoked attack defense) do not apply to this case.

Question 16

Case 5.1
Li plays on a local soccer team. In a match against another team Li is hit by an opponent during normal play and his leg is broken. Li calls the police department from the hospital emergency room and requests that the player who hit him be charged with assault.

-If charged with assault,what defense would the opponent most likely use at trial?

Accepted Answer

In sports, participants implicitly consent to a certain level of physical contact and potential injury inherent to the game. The opponent would likely argue that by participating in the soccer match, Li consented to the risks, including the possibility of being hit in a manner that could result in injury.

Question 17

Case 5.1
Li plays on a local soccer team. In a match against another team Li is hit by an opponent during normal play and his leg is broken. Li calls the police department from the hospital emergency room and requests that the player who hit him be charged with assault.

-If charged with assault,what might prevent the opponent from claiming consent as a defense?

Accepted Answer

Coerced consent is not considered valid, as it implies that the individual did not truly consent but rather felt pressured or threatened into agreeing to the action. If the opponent claims they had Li's consent to make the tackle that resulted in the injury, and Li argues that the consent was coerced (e.g. the opponent threatened to hurt him if he didn't agree), this defense would not be successful in court. Voluntary, knowing, and authorized consent would all be valid defenses if proven to be true.

Question 18

The Florida castle law abolished

Accepted Answer

The Florida castle law abolished the duty to retreat rule, meaning individuals are no longer required to retreat before using deadly force in self-defense if they are in their own home or vehicle. The law still includes restrictions on the use of force, such as the requirement that the individual reasonably believes that the force used is necessary to prevent death or great bodily harm.

Question 19

Case 5.2
Vincent is awoken in the middle of the night by a sound outside his house. He takes a loaded .38 pistol from his nightstand and proceeds downstairs to his kitchen to check on the noise. He encounters a stranger in his kitchen. The stranger hits him in the face knocking him to the floor. As he gets up his see the man running out his kitchen door. Vincent shoots the man through the kitchen door.

-Why is Vincent not justified in shooting the man?

Accepted Answer

The castle exception applies to the use of deadly force inside one's own home or dwelling, but it requires that the person reasonably believe the attack threatens death or serious bodily injury. In this case, Vincent had already been hit and knocked to the floor and the intruder was running away at the time of the shooting, so it was not reasonable to believe that the intruder posed an imminent threat of death or serious bodily injury. Therefore, Vincent's use of deadly force was not justified.

Question 20

What kind of defense is diminished capacity?

Accepted Answer

The answer of What kind of defense is diminished capacity?
...

Quiz 5: Defenses to Criminal Liability I: Justifications

What state passed the first new castle doctrine?

Which of the following is recognized as a valid consent defense situation in most states?

To provide a valid consent defense,the consent of the victim must be

Knowing consent means

The Jacqueline Galas case deals with the expansion of what laws?

The retreat rule is the

If attackers completely withdraw from attacks they provoke,they can defend themselves against an attack by their initial victims.This is known as

Most self-defense statutes require the belief in imminent danger to be honest and

Two commonly mentioned reasons for the current spread of new castle laws are Americans' heightened consciousness and concern about their security since 9/11 and

One of the four elements of self-defense states that defenders can use deadly force only if they reasonably believe it's necessary to repel an imminent deadly attack.What is the name of this element?

One element of self-defense requires that defenders can use deadly force only if the use of nondeadly force isn't enough to repel the attack.What element is this?

Regarding defense of home and property,most statutes do not include what area?

The case of The Queen v.Dudley and Stephens (1884) involves which defense?

The Florida castle law abolished

What kind of defense is diminished capacity?