Deck 15: General Defenses and Justification

Question 1

The defense of age/infancy is available under the Texas Penal Code in a wide array of circumstances and with many exceptions.Neither the adult nor the juvenile justice system asserts jurisdiction over the otherwise criminal conduct of an individual if the individual is under:

A)10 years of age at the time of the offense.
B)15 years of age at the time of trial.
C)12 years of age at the time of apprehension.
D)14 years of age at the time the offense is detected.

Answer 1

A

Question 2

Jerry is charged with selling cocaine.At trial,Jerry and his attorney decide to use the entrapment defense.From Jerry's perspective,use of the entrapment defense in court is risky because:

A)juries almost always believe the testimony of the police over that of an accused drug dealer.
B)if the defense is unsuccessful,he has essentially confessed to committing the crime.
C)the police may have secretly recorded the sale and the video would disprove Jerry's claim of entrapment.
D)nearly every drug dealer claims entrapment and as a result,judges don't take the defense seriously.

Answer 2

B

Question 3

Ed goes out to eat with his friend Ralph.During dinner Ed receives a telephone call that his dog has escaped from his fenced backyard.He tells Ralph that he needs to leave in order to tend to the dog.Ralph tells him to go ahead and he will finish his dinner and pay their check."You can settle up with me tomorrow," Ralph tells Ed.Ed departs.Ralph finishes his dinner and pays for his meal but not for Ed's.When the waitress appears with Ed's check,she learns he has left the restaurant.Since Ed is a regular customer,the waitress knows his identity.A theft of service complaint about Ed is filed with the police.Regarding this situation:

A)Ed has committed theft of service because he obtained food and failed to pay for it.
B)Ed can successfully assert the defense of necessity because he received an emergency phone call that caused him to depart without paying.
C)Ed can successfully assert the defense of mistake of fact because he thought Ralph was paying his check and he lacked the intent to commit theft of service.
D)Ed has can successfully assert the defense of duress because the emergency forced him to depart suddenly.

Answer 3

C

Question 4

Phillip,a police officer,hears a rumor that Billy is dealing drugs.Phillip puts on a phony beard and goes to Billy's house.When Billy answers the doorbell,Phillip asks,"How about selling me a bag of marijuana?" Billy replies,"Are you a cop?" Phillip replies,"Hell no." Billy says,"That'll be ten dollars" and hands Phillip a baggie of marijuana.Phillip says,"That'll be six months in jail-you're under arrest." Billy is:

A)not guilty of delivery of marijuana because he was entrapped.
B)not guilty of delivery of marijuana because he did not know Phillip's true identity.
C)not guilty of delivery of marijuana because he made a mistake of law about Phillip's official title.
D)guilty of delivery of marijuana because Phillip merely afforded him the opportunity to commit a crime.

Question 5

Jose,an undocumented foreign national,is arrested for aggravated assault after striking a co-worker with a hammer.At Jose's trial in District Court,his attorney conclusively proves that Jose was only 16 years old at the time of the incident.When the judge learns of this fact,the judge should:

A)assign Jose to the juvenile probation officer with directions to participate in anger management classes.
B)reduce the charge to a misdemeanor and proceed with the trial.
C)dismiss the aggravated assault charge as the court lacks jurisdiction over Jose.
D)dismiss the aggravated assault charge and order Jose immediately deported to his home country.

Question 6

John operates a small grocery store.Much of his business is selling beer and snacks to customers.Frequently he has underage individuals attempt to buy beer.John knows that it is illegal to sell to underage persons but he hates to turn away the business.He comes up with the idea of selling snack cakes to persons under 21 at an inflated price and giving them a free six-pack of beer.The inflated snack cake price more than covers the cost of both items and returns a tidy profit.John runs his scheme for about a week until a police officer arrests him for providing alcohol to a minor.John says,"I know it is illegal to sell to a minor but I did not know it was against the law to give alcohol to a minor." The police officer could correctly respond to John,"Your ignorance of the law regarding alcohol:

A)will NOT be a defense to the charge."
B)is a defense if you received bad legal advice from your attorney."
C)may be a defense if you can convince the judge that your mistake was reasonable."
D)will be a defense if you maintained a written record of the names and birthdates of the minors to whom you provided the alcohol."

Question 7

Jane is a 15-year-old high school student.She runs with a bad crowd that frequently engages in petty criminal behavior.Assume Jane is apprehended after engaging in various misdemeanors.She may be prosecuted in the adult justice system without any involvement of the juvenile court system if the offenses in which she engaged are:

A)a Class B or C misdemeanor.
B)public intoxication.
C)driving while intoxicated.
D)fine only misdemeanors.

Question 8

Peter's mother thinks he is in college studying to be an engineer but he actually dropped out several semesters ago.Instead,Peter works as a busboy at a local restaurant.Paul,his roommate,tells Peter that unless each day he brings Paul food from the restaurant,Paul will tell Peter's mother that Peter is no longer in school.Fearful of his mother finding out about his circumstances,Peter agrees.Each evening Peter steals food from the restaurant and brings it to Paul.After about two weeks,Peter's boss discovers the thefts.He not only fires Peter but calls the police and files theft charges.If Peter goes to trial on the theft charges,the defense of duress:

A)will be sufficient to gain his acquittal of the charges.
B)will do him no good as his conduct does not fit within the requirements of the defense.
C)will be available only if Peter can establish that he feared bodily injury from Paul unless he stole the food.
D)will be available only if the charges amount to a misdemeanor,not a felony.

Question 9

When a criminal defendant does not deny that he engaged in the conduct of which he is accused but argues that the offense charged is too severe for the facts of the case,the defendant is asserting the defensive strategy of:

A)confession and avoidance.
B)reduction ab initio.
C)mitigation.
D)offense discounting.

Question 10

Under Texas law,an individual can successfully use the insanity defense only if:

A)he is charged with murder or capital murder.
B)he has an I.Q.under 80.
C)he suffers from a severe mental disease or defect that prevents him from knowing that his conduct was wrong.
D)he had received a psychiatric evaluation at some point before the time of the crime charged,thereby establishing a baseline for his mental condition.

Question 11

Under Texas law,defenses take a variety of forms.A type of defense that the prosecutor must disprove in establishing the elements of the crime is known as an:

A)exemption.
B)exception.
C)exclusion.
D)expulsion.

Question 12

Ignorance of the existence of a law is NOT a legal defense for violating the law:

A)except when the law is unreasonable.
B)except if the intent of the law is not obvious to the reasonable person.
C)except with the law regarding speed limits and no signage is posted.
D)ever.

Question 13

Sheila is charged with the manufacture of a controlled substance.At trial,her defense attorney convinces the judge that Sheila was entrapped into the endeavor.The judge agrees that the conduct of the police in the case was so outrageous that their behavior constituted entrapment.Because the judge ruled that Sheila was entrapped:

A)a mistrial will be declared and she must be re-tried within 180 days.
B)she will be convicted of the charge but is entitled to the minimum possible sentence other than probation.
C)she is legally entitled to be convicted only of possession of the controlled substance.
D)she is not guilty of the charge and entitled to be released from jail.

Question 14

Jose is one bad boy.Although only 13 years old,he has a long history of delinquent conduct.Late one evening,Jose enters Raul's home for the purpose of stealing Raul's television set.While Jose is in the house,Raul hears a noise.Raul grabs a baseball bat and goes to investigate.Raul confronts Jose and a fight breaks out.Jose disarms Raul and then strikes Raul several times with the bat.Raul is seriously injured.Jose flees the scene.The next day the police take Jose into custody.In order to charge Jose with attempted murder and try him as an adult,the state will:

A)need to have the juvenile court waive jurisdiction over Jose and certify him as an adult.
B)only need to have Jose indicted by the grand jury the same as if he were an adult.
C)have to receive consent from both Jose and his parents to try him as an adult.
D)have to get perform a miracle because currently there is no way to prosecute Jose as an adult.

Question 15

Suzy is a police officer assigned to the vice squad.On Friday and Saturday nights she dresses in sexy clothing and stands on a street corner where prostitutes are known to congregate.Sam approaches her and offers her $25 to engage in a sex act.She tells Sam to meet her in 15 minutes at a motel room around the corner.Sam says,"You aren't a cop are you?" Suzy just laughs at the question.When Sam gets to the motel room,he is arrested by other vice officers and charged with violating the prostitution statute.Suzy's conduct:

A)constitutes entrapment because a reasonable person would assume she was a prostitute not a police officer because she was standing where prostitutes are known to congregate.
B)constitutes entrapment because she dressed in sexy clothing to lure possible customers.
C)constitutes entrapment because she did not identify herself as a police officer when asked.
D)does not constitute entrapment because she was merely affording Sam the opportunity to commit an offense.

Question 16

Raphael is charged with arson after burning down several buildings.At trial,several psychiatrists testify that Raphael suffers from severe delusions; he believes he is the right-hand man of the devil.The jury finds Raphael not guilty by reason of insanity.With this finding:

A)the state will be able to retry Raphael when he regains his normal mental faculties.
B)the state can never re-prosecute Raphael for these crimes because of the constitutional prohibition on double jeopardy.
C)Raphael will be committed to a mental hospital for a minimum time equal to the minimum sentence for his crime-arson.
D)Raphael will be placed on supervised probation the remainder of his life.

Question 17

The defense of mistake of fact may be used only if the mistake negates:

A)the actus reus of the offense.
B)the attendant circumstances of the offense.
C)the culpable mental state of the offense.
D)any of the above elements of the offense.

Question 18

Patty is abducted by a band of domestic terrorists.As a fundraising effort the terrorists decide to rob a bank.They compel Patty to join them by keeping a pistol pointed at her.Fearing for her life,Patty assists the terrorists by collecting the money from the bank tellers.Unknown to Patty,the pistol is actually a toy.Patty is:

A)not guilty of robbery because she was entrapped into committing the crime.
B)guilty of robbery but not aggravated robbery because the pistol was a toy.
C)guilty of robbery because she has no legally recognized defense to the charge.
D)not guilty of robbery because she was under duress as she believed the pistol was real.

Question 19

Several statutory excuses that an accused might use to gain an acquittal at trial appear in the Texas Penal Code.Some of these excuses,such as insanity and duress,place the burden on the defendant to not only raise the issue at trial but to establish the excuse by the preponderance of the evidence.These excuses are known as:

A)affirmative defenses.
B)exceptions.
C)duck and cover defenses.
D)behavioral negations.

Question 20

Jack and Jennifer are married.Jack is a career criminal who lives primarily off the proceeds of various thefts.Two months after their wedding,Jack tells Jennifer that they need money.He states that he intends to rob a liquor store and needs Jennifer to drive the getaway car.Jennifer says she is afraid of being caught and going to jail if she participates in the crime.Jack tells her,"Don't worry.If we get caught,tell the police your husband ordered you to help him and according to the Bible and Texas law,the wife must do as the husband says,even if it involves violating the law.In other words,you can't be prosecuted for crimes I order you to commit." Jennifer agrees to assist in the robbery.However,the pair do indeed get apprehended after the robbery.Jennifer tells the prosecutor that Jack commanded her to assist him.The prosecutor could correctly tell Jennifer that:

A)she is free to go as she is immune from prosecution.
B)if she can prove a lawful marriage to Jack,she can only be charged with misprision of a felony,not the actual robbery.
C)to take advantage of the spousal defense,Jack will have to take the stand and testify in her behalf.
D)it does not matter that your husband ordered you to commit a crime,such action does not constitute a defense in Texas.

Question 21

Which of the following is the correct Texas Penal Code definition of "force" for the purposes of the law of self-defense?

A)"Force" is the physical manifestation of energy applied toward another.
B)"Force" is the application of countervailing conduct in resistance to another.
C)"Force" includes all application of energy to move persons or things from their static positions.
D)None of the above is an accurate definition of "force" because the Texas Penal Code does not define the term.

Question 22

Henry is walking down the street when he hears a voice coming from a ground floor apartment.The voice is saying "Help! Help!" Henry,a reserve deputy constable,rushes to the door and knocks.No one answers.He then kicks the door in and discovers an elderly woman sitting in a chair watching a movie on television.She has the sound turned up because she is hard of hearing.She apparently did not hear Henry's knock.The cry for help was the sound from the television program.Were the elderly resident to seek to file criminal charges against Henry for damaging the front door and trespassing in her apartment,Henry's best strategy would be to assert the defense of:

A)mistake of fact.
B)mistake of law.
C)necessity.
D)public duty.

Question 23

Under Texas law,the definition of "deadly force" includes any force:

A)capable of causing serious bodily injury.
B)exerted against persons under the age of 12 years.
C)resulting in an injury that requires medical attention.
D)that would produce a fear of death in the mind of a reasonable person.

Question 24

Waldo has a long history of mental illness.He also has a long beard,long hair and lives alone in a small house.One day he gets into an argument with his neighbor Jerome.The argument escalates to the point that Waldo goes after Jerome with an ax.He strikes Jerome in the head,killing him instantly.When interviewed by the police,Waldo claims that Jerome had been using cosmic rays to kill the tomatoes in his garden.The police note that Waldo has neither tomato plants nor a garden.He further tells the police that he is sorry Jerome is dead because the Bible says,"Thou shalt not kill." At trial for murder,Waldo's attorney raises the defense of insanity.Based on the facts presented,which of the following is the likely outcome of the trial?

A)Waldo will be found guilty of murder because he knew the wrongfulness of his act.
B)Waldo will be found not guilty of murder because he clearly suffers from insane delusions.
C)Waldo will be found not guilty of murder but guilty of manslaughter because his mental illness can be used to reduce his level of culpability.
D)Waldo will be found not guilty of murder because he is insane.

Question 25

Gloria is coming home from work late one night.Raul steps out of the shadows and grabs her.He throws Gloria to the ground and begins tearing her clothing.In response,Gloria screams loudly and then kicks Raul in the groin.The kick causes Raul to scream and curl up on the ground.A passing jogger hears the commotion and comes to assist Gloria.He uses his cellphone to call the police.A police officer arrives at the scene and arrests Raul.At the jail,Raul complains to the officer that Gloria kicked him in the groin.The police officer could correctly reply to Raul that Gloria's kick was legally justified under the law of:

A)self-defense.
B)necessity.
C)use of deadly force to prevent crime.
D)public duty.

Question 26

In asserting the defense of self-defense,which of the following is a key element in establishing the lawfulness of the use of force?

A)the other party was physically stronger than the person using the force in self-defense
B)the person using the force in self-defense was fearful of death or serious bodily injury
C)the person defending themselves was attempting to repel the other party's unlawful use of force
D)the person defending themselves only used the same level of force as their assailant

Question 27

Under Texas law,the sentence for an intentional killing is 5 to 99 years or life (felony of the first degree).However,if the defendant can convince the jury that the killing was the result of sudden passion arising from adequate cause,the jury can use the sentencing range of a felony of the second degree.This is an example of the principle of mitigation.

Question 28

Officer Olivia goes to Waldo's house to execute a misdemeanor traffic warrant.Upon arriving at the address,she knocks on the door.The door opens abruptly and Waldo says,"What do you want piggy?" Olivia responds,"You are under arrest." Waldo laughs and draws what appears to be a hunting knife and says,"I am going to have some bacon for dinner!" Officer Olivia hits him on the wrist with her baton.She then arrests him.It is subsequently determined that Waldo has suffered a broken wrist and the hunting knife was a toy made of rubber.Waldo later contends he was just joking with the officer.Which of the following is a correct statement regarding this situation?

A)Officer Olivia was not justified in striking Waldo because the knife was not really a deadly weapon.
B)Officer Olivia was justified in striking Waldo in self-defense if she reasonably believed the knife was real.
C)Officer Olivia was justified in striking Waldo because he failed to submit peaceably to arrest.
D)Officer Olivia was not justified in using force against Waldo because the charge against him was only a misdemeanor.

Question 29

Ben,an individual with an I.Q.of 85,enjoys setting fires.During the course of his life he has set nearly 100 fires to houses and other structures.He realizes that setting the fires is dangerous and illegal but he loves to see the blazes.One night Ben sets fire to a small hotel.A hidden security camera records the act.Three people die before firefighters can extinguish the blaze.Using the video from the security camera,law enforcement officers are able to identify Ben as the arsonist.He is arrested and charged with capital murder.At Ben's trial he invokes the insanity defense.Which of the following is the likely outcome of Ben's trial?

A)Ben will be found not guilty by reason of insanity because only a crazy person would set that many fires.
B)Ben will be found not guilty because his fire setting is an irresistible impulse over which he has no control.
C)Ben will be found not guilty by reason of insanity because he has a subnormal I.Q.
D)Ben will be found guilty because he does not meet the criteria to be considered legally insane.

Question 30

Conduct that is legally justified or excused results in a complete acquittal to a criminal charge.

Question 31

Harry,a college student,sees Sally,an armed robber,fleeing from a gas station she has just robbed.She is wearing a mask and has money in one hand and a pistol in the other.Without uttering a word,Harry,a handgun license holder,draws his pistol and shoots her in the back.Sally won't be robbing anybody else anytime soon as the shot paralyzes her.The community is in an uproar because Sally is only 15 years old.Many people are pressuring the District Attorney to file charges against Harry.If Harry is charged with the shooting of Sally,he should:

A)invoke the defense of deadly force to protect property.
B)invoke the defense of self-defense.
C)invoke the defense of necessity.
D)hope he has a good lawyer because he was not legally justified in shooting Sally.

Question 32

Mike goes out of town on a business trip.His wife Brenda remains at home.Mike is due to return on Friday.Late Thursday night Brenda awakens to a noise.Fearing it is a burglar,Brenda grabs the pistol from the bedside table.At that moment she notices a figure walking quietly down the hallway.Without waiting,Brenda fires a shot at the figure.A voice cries out,"Don't shoot! It is me Mike.I came home early." Brenda turns on the light to discover that she has shot Mike in the hand.She calls 9-1-1.In a few minutes an ambulance and a police officer arrive.Mike is taken to the hospital while the police officer interviews Brenda.As to Brenda's shooting of Mike:

A)Brenda was legally obligated to determine the identity of her target prior to discharging the pistol. Her discharge of the firearm and subsequent injury to Mike were not legally justified.
B)Brenda's use of deadly force was justified if she reasonably believed that Mike was a burglar.
C)Brenda was legally obligated to use deadly force only as a last resort. She should have called 9-1-1 and tried to exit the house instead of shooting Mike.
D)Brenda was legally obligated to warn the intruder before discharging the pistol. Without the warning,her shooting of Mike could be considered aggravated assault or attempted murder.

Question 33

Carlos is suffering from post-traumatic stress disorder (PTSD)due to having served several tours in the battle zones in the Mid-East.Upon his return to Texas,Carlos discovered that smoking marijuana helped ease the tension of his PTSD.Were Carlos to be arrested and charged with possession of marijuana,he could successfully use the defense of:

A)mistake of law.
B)justification.
C)necessity.
D)none of the above.

Question 34

Rodney is creating a disturbance in the lobby of the movie theater.He is claiming that he gave the snack bar attendant a $20 bill but the attendant only gave him change for $10.The theater manager tells Rodney to settle down or he will have to leave the theater.Rodney continues to complain loudly.The manager summons the security officer who also tells Rodney to either settle down or leave.Instead Rodney sits down in front of the snack bar."That's it," says the theater manager."Throw him out." Rodney refuses to budge.At this point the security officer may lawfully:

A)use force to eject Rodney from the premises.
B)take no action because security officers have no authority in these situations.
C)use force to eject Rodney only after Rodney fails to comply with a direct order from the manager to depart.
D)only call the police for assistance because only the police are authorized to eject trespassers.

Question 35

A soldier who kills an enemy soldier during time of war is immune from being convicted of murder because of the:

A)soldier and sailor relief defense.
B)public duty defense.
C)Common Law "him or me" defense.
D)Geneva Convention defense.

Question 36

When a defense is labeled an "exception," the burden of proof is on the prosecution to negate the exception as part of establishing the elements of the offense.

Question 37

Daniel,who has a history of mental illness,believes that his neighbors are space aliens who are seeking to kidnap him and take him to their home planet to serve as a subject of experiments.When his neighbor Bill appears at Daniel's front door to invite him to a neighborhood gathering,Daniel shoots at Bill with a pistol while shouting,"Take that you green-eyed hairy alien!" The shots miss.Police subsequently arrest Daniel and he is tried for attempted murder.If Daniel is found not guilty by reason of insanity,he cannot be tried again for the crime even if his mental health issues are later resolved.

Question 38

Margie meets Charles at a nightclub where they have several drinks.As Margie is attempting to leave the club,Charles forces her into his automobile with a goal of making her engage in sexual intercourse.Margie,however,has no intending of having sex with Charles and is able to retrieve a pistol from her purse.She fires all of the pistol's bullets,killing Charles.Because of the ambiguous facts surrounding the incident,the District Attorney tries Margie for murder.If Margie convinces the jury that she acted in self-defense,she is legally entitled to be found not guilty of the murder charge.

Question 39

An affirmative defense in a criminal trial arises when the prosecutor affirms the facts as presented by the defendant.

Question 40

Police officers execute a search warrant at 123 Elm Street.Soon after entering the home the officers discover that they should be searching 231 Elm Street; the search warrant contains the wrong address.Nonetheless,the officers are immune from prosecution for criminal trespass for their conduct at 123 Elm Street because of the:

A)necessity defense.
B)mistake of fact defense.
C)public duty defense.
D)honest error defense.

Question 41

An undercover police officer joins a motorcycle gang to investigate their alleged criminal activities.The officer discovers that the gang is trafficking in illegal drugs and firearms.To avoid a later successful use of the entrapment defense by gang members,the undercover officer must receive written authority from a District Judge to continue investigating the gang.

Question 42

The defense of duress is available to a criminal defendant if at the time of the offense charged,the defendant was acting under extreme mental duress.

Question 43

Ignorance of the existence of a criminal statute is no defense to the charge of violating that statute.

Question 44

Janice,a college student,takes her final exam in criminal law.As she exits the classroom she picks up her textbook and copy of the penal code.Confident that she passed the class,she heads to the campus bookstore to sell her books for quick cash.When she arrives at the bookstore,Janice discovers that she has inadvertently picked up a classmate's books instead of her own.Janice cannot be convicted of theft of the textbooks because she has the defense of mistake of fact.

Question 45

John,angry because he was fired from his job,returns to the workplace with several loaded firearms.He shoots his former boss and a dozen co-workers and customers,killing six people.He is arrested and charged with capital murder.At trial,John raises the defense of insanity,claiming "I must have been crazy.No one in their right mind would shoot that many innocent people." John's use of the insanity defense will likely be successful.

Question 46

David,a deputy sheriff,arrests Jake based on an outstanding arrest warrant asserting that Jake burglarized a local pharmacy.Weeks later a judge rules that the arrest warrant was invalid because he was not dated and signed properly.Although the arrest was unlawful,David will not faces charges of unlawful restraint because he has available the public duty defense.

Question 47

The legal principle that ignorance of the law is no excuse applies only to felony cases; not knowing the existence of a statute is a legal defense in a misdemeanor case.

Question 48

The Texas test of insanity is derived from the traditional McDonald Rule.

Question 49

Peace officers are immune from prosecution for using force to execute search warrants because of the public duty justification.

Question 50

Clyde abducts Bonnie at gunpoint and forces her to travel across the state with him.At various stops,Clyde makes Bonnie enter a store with him and while he points his pistol at the clerk,Bonnie gathers the money from the cash register.Bonnie always does as Clyde commands because she is fearful that he will kill her if she does not.When the two are ultimately captured and placed on trial for the robberies,Bonnie should be able to avoid conviction through the use of the defense of duress.

Question 51

In Texas,a reasonable mistake of fact as to the age of a sexual partner is a defense to the crime of sexual assault of a child.

Question 52

A successful defense of entrapment will arise anytime a law enforcement agent participates in a criminal act with an individual who is subsequently charged with a felony as a result of that act.

Question 53

Jack coerces Jill in helping him burglarize the business where Jill works.Jack tells Jill that unless she leaves the backdoor to the business unlocked on Friday night,Jack will tell Jill's boss that she once worked as a prostitute.Fearing that the boss would fire her if he knew about Jill's former occupation,Jill agrees to assist Jack and does indeed leave the door unlocked.If Jill were prosecuted for assisting Jack with the burglary,she could successfully use the defense of duress.

Question 54

For purposes of criminal prosecution in Texas,an individual is considered to be an adult upon attaining 21 years of age.

Question 55

A juvenile who commits a felony offense may lawfully be prosecuted for that offense in the adult justice system upon turning 17 years old.

Question 56

The Texas defense of entrapment focuses primarily on the actions of law enforcement personnel during the incident in question.

Question 57

Robert decides to make extra money by operating a fantasy football website where individuals can wager on the outcome of their fantasy football teams.Before starting the site,Robert checked with his attorney who told Robert that such a website did not violate the Texas gambling statute because the internet is regulated by the federal government,not the states.Three months after operating the site and making thousands of dollars,Texas Rangers arrest Robert for gambling promotion.Robert will be found not guilty of the charge due to the fact that his mistake of law was derived from legal advice from his attorney.

Question 58

In order to successfully use the insanity defense,a criminal defendant must prove that she suffers from a severe mental disease or defect.

Question 59

Raul steals a new Italian sports car.He takes his girlfriend Juanita for a ride.As he speeds down the highway,he attracts the attention of a highway patrol officer.The officer gives chase and succeeds in stopping Raul where it is discovered that the car is stolen.Raul is arrested.However,at the jail it is determined that Raul is only 14 years old.Raul cannot be prosecuted in the adult justice system for unauthorized use of a vehicle due to his age.

Question 60

The defense of mistake of fact means that if the accused did not know his conduct was unlawful,a criminal conviction cannot be based on that conduct.

Question 61

A person is justified in using force in self-defense only to resist another's use of unlawful force.

Question 62

Under Texas law,a homeowner may NOT use deadly force to prevent a burglary unless the burglar is threatening to use deadly force against the homeowner.

Question 63

George is a warden of a Texas prison.Part of his duties are to oversee the execution of persons convicted of capital murder and sentenced to death.When George and his team of correctional personnel execute a condemned prisoner,they are not guilty of violating the murder statute because of the defense of public duty.

Question 64

A property owner is justified in using force to eject trespassers from his property.

Question 65

Josh and his girlfriend Amy are severely intoxicated.They decide they need more whiskey.The two enter a liquor store.Josh approaches the store clerk and says,"This is a stick-up.Give me a bottle of whiskey." The clerk responds by drawing a gun and shooting Josh.As Josh falls to the floor he says,"Hey man.I was only joking." Josh survives the gunshot wound.The clerk tells police that he had been robbed a few months earlier by an intoxicated individual and believed Josh was actually a robber.The clerk's use of deadly force was lawful.

Question 66

The Texas statutory definition of the term "deadly force" covers any force capable of causing death or serious bodily injury.

Question 67

An element of an offense which the prosecutor must disprove as part of the case in chief is known as an ________.If the prosecutor fails to disprove this element,the accused is entitled to be found not guilty.

Question 68

Roger comes upon an automobile collision.A car is upside down and on fire.Roger rushes to the vehicle,breaks through the windshield,and drags the unconscious driver away from the vehicle.Subsequent investigation reveals that the driver stole the vehicle.The car is repairable but will cost about $30,000 to fix,including a $2,000 new windshield.Roger cannot be convicted of criminal mischief for destroying the windshield due to the defense of necessity.

Question 69

Late one night Brett hears a car alarm sounding outside his home.He peers out the window and sees two young men attempting to break into his pick-up truck.He grabs his shotgun and steps outside.Brett shouts at the two individuals.They immediately turn and run away.Brett decides to fire the shotgun over their heads as a warning.Unfortunately,one of the shotgun pellets strikes Freddie,who is only 16 years old.Freddie suffers permanent brain damage.A police investigation determines that the two would-be thieves never gained entry to the truck's cab.Under these facts,Brett was legally justified in using deadly force against Freddie.

Question 70

Bob and Ray get into an argument in a parking lot over whether or not Ray owes Bob $50.The argument escalates to the point where Ray calls Bob a liar.Bob responds by punching Ray in the face and then walks away.Ray rises from the ground and comes up behind Bob and hits him in the head with a rock,seriously injuring him.About this time,the police arrive at the scene.Ray tells the police officer that he acted in self-defense.Ray's claim of self-defense is valid under Texas law.

Question 71

A criminal defendant is entitled to a not guilty verdict if she establishes in court that her conduct was legally ________ or justified.

Question 72

Mario's young son steps on a piece of glass and slices his foot.He is bleeding profusely.Concerned that the son might bleed to death,Mario opts not to call an ambulance but to drive his son to the hospital.During the trip,Mario greatly exceeds the speed limit and runs through various red lights and stop signs.Upon arrival at the emergency room,the doctor inspects the son's wound and says,"Glad you got here quickly.Another couple of minutes and he would have been a goner." When Mario goes to the hospital waiting room,a police officer spies him and issues him a citation for the various traffic violations.Mario should be able to avoid conviction for the traffic violations by using the necessity defense.

Question 73

A courtroom defense strategy where the accused admits to the conduct charged but seeks conviction of a lesser charge is known as ________.

Question 74

Despite its importance in the law of self-defense,the Texas Penal Code does NOT contain a definition of the word "force."

Question 75

Jake steals a car to go joyriding.Two hours later he is stopped by the police and taken into custody.At the police station,it is determined that Jake is 15 years old.Jake will NOT be prosecuted in the adult justice system for the automobile theft because he has the legal excuse of age,also known as ________.

Question 76

Without provocation,Dave punches Sam in the nose.Sam reacts by drawing a knife and stabbing Dave four times.Miraculously,Dave survives the wounds.Under Texas law,Sam has only used "force," not "deadly force," because Dave did not die as a result of the stabbing.

Question 77

If a jury determines that criminal defendant is insane,the individual is entitled to a verdict of ________.

Question 78

The defense of necessity recognizes the legal principle that under certain conditions failing to adhere to a criminal statute will produce less harm to society than complying with the statute.

Question 79

When an accused seeks to be found not guilty due to a legal excuse,he is required to bring forth evidence of that excuse.When the law requires that the accused establish the defense by the preponderance of the evidence,this is known as an ________ defense.

Question 80

A criminal defendant is entitled to a not guilty verdict if she establishes in court that her conduct was legally excused or ________.