Deck 10: Common Law Defenses

Question 1

Which is not an insanity defense?

A) M'Naghten Rule
B) Guilty but Mentally Ill Rule
C) Heat of Passion Rule
D) Durham Test
E) Irresistible Impulse Rule

Answer 1

Heat of Passion Rule

Question 2

Which is NOT true of the guilty but mentally ill rule?

A) The defendant, while mentally ill, will serve his sentence in a treatment facility.
B) The defendant will be released from custody when he or she is no longer "insane."
C) The defendant, when he recovers from whatever mental illness he suffers from, will serve the rest of his sentence in a prison.
D) The defendant, although mentally ill, will serve his sentence in a regular prison.
E) None of the above are true.

Answer 2

The defendant will be released from custody when he or she is no longer "insane."

Question 3

Sources of defenses in criminal law include all except:

A) the Common Law.
B) statutory law.
C) the United States Constitution.
D) religious treatises on right and wrong.
E) All of the above are sources.

Answer 3

religious treatises on right and wrong.

Question 4

Deadly force is a defense except in which circumstance?

A) against an attacker who has initiated the aggression using unlawful force
B) to prevent the commission of a serious felony
C) to prevent the commission of a serious felony involving risk to human life
D) when it reasonably appears necessary to prevent immediate death or serious injury
E) both A and C

Question 5

The retreat rule provides that:

A) a person must retreat rather than use deadly force, unless the person is at his or her home or business.
B) most states have adopted the rule that there is no duty to retreat unless the retreat can be made in complete safety.
C) a person must retreat even if he or she is at home or at his or her place of business.
D) both A and B
E) none of the above

Question 6

Which is an appropriate use of the defense of property rule?

A) electrifying a perimeter fence so that an intruder will receive an unpleasant buzz if he or she attempts to scale the fence.
B) setting a piano wire across a path on private property to discourage snowmobiling and dirt biking
C) setting a loaded gun trap designed to shoot an intruder while the occupant is not home.
D) placing a vicious guard dog known for its propensity to bite inside one's yard
E) None of the above are appropriate.

Question 7

The duress defense requires:

A) the actor was wrongfully threatened by another to perform an act that he/she otherwise would not have performed.
B) the harm threatened was greater than the harm from the crime committed.
C) the threat was immediate and there was no way for the threatened person to escape or avoid the threatened action.
D) the threat was of serious bodily harm or death to the person or an immediate family member.
E) all of the above

Question 8

The entrapment defense:

A) requires the defendant must not be predisposed to commit the crime.
B) implies the criminal design must have originated with law enforcement.
C) may only be used when law enforcement officials lure a person into committing a crime.
D) A and B only
E) A, B and C are true.

Question 9

The victim's consent is a defense except:

A) when the victim is intoxicated to the point he/she is unable to make a reasonable judgment.
B) when the victim is a child.
C) when the victim has a mental defect or disease.
D) None of the above are exceptions to the consent defense.
E) A, B and C are exceptions.

Question 10

The intoxication defense:

A) implies voluntary intoxication may be used to reduce first degree murder to second degree murder.
B) has been entirely abolished.
C) applies only to involuntary intoxication.
D) applies to all forms of intoxication and is absolute.
E) both A and B

Question 11

The consent defense may be used for the following crimes:

A) murder.
B) voluntary manslaughter
C) involuntary manslaughter
D) assault
E) rape

Question 12

The mistake of fact defense:

A) may be used for general intent crimes if the mistake is a reasonable one.
B) may never be used for specific intent crimes.
C) may be used for specific intent crimes if the mistake is a reasonable one.
D) may never be used for general intent crimes.
E) both A and B

Question 13

The standard that sends a convicted mentally ill person to a mental hospital until he recovers is:

A) not guilty by reason of insanity.
B) guilty, but mentally ill.
C) complete lack of capacity.
D) substantial lack of capacity.
E) both A and B

Question 14

The mistake of fact defense:

A) may never be used for general intent crimes.
B) may be used for specific intent crimes.
C) may be used for specific intent crimes if the mistake is a reasonable one.
D) never works.
E) both A and B

Question 15

Which of the following is/are true concerning the Common Law infancy defense?

A) Children under seven years of age are conclusively presumed to be incapable of knowing the wrongfulness of their crimes.
B) Children 7 to 14 years of age have a rebuttable presumption of incapacity.
C) Prosecutors must prove beyond a reasonable doubt that a child 7 to 14 years of age appreciated the quality and nature of the criminal act.
D) Children 14 years of age and older are treated as adults.
E) All of the above are true.

Question 16

Mentally ill defendants in the federal system who are only competent to stand trial when they are taking their medication may:

A) legally evade prosecution forever by refusing to take their medication.
B) be forced to take their medication following a competency hearing.
C) have their trials continue despite their incapacity, but such incapacity could be the basis of an appeal
D) have their trials continue despite their incapacity, but they may not use their incapacity as the basis of an appeal.
E) both B and D

Question 17

The Common Law retreat rule:

A) requires an intruder must retreat when a homeowner pulls a gun on him or be justifiably shot.
B) requires a person to retreat rather than use deadly force unless the person is his or her home or business.
C) only requires a person to retreat if the retreat can be done in complete safety.
D) can be used by aggressors if they remove themselves from the fight under the doctrine of withdrawal.
E) B, C, and D.

Question 18

Under the doctrine of sudden escalation:

A) the aggressor in an initially non-life threatening fight may use deadly force, should the other fighter begin using deadly force.
B) armed pedestrians may shoot cars who suddenly speed up.
C) the aggressor must retreat if the other fighter begins using deadly force.
D) is part of the 'stand your ground' laws.
E) both A and D

Question 19

Under the subjective standard for entrapment, the question to be answered is:

A) Was a crime committed?
B) Was the defendant predisposed to commit the crime?
C) Would an innocent person be induced to commit the crime by the officer's acts?
D) Would a reasonable person be induced to commit the crime by the officer's acts?
E) Did the government agent commit the crime first?

Question 20

Under the objective standard for entrapment, the question to be answered is:

A) Was a crime committed?
B) Was the defendant predisposed to commit the crime?
C) Would an innocent person be induced to commit the crime by the officer's acts?
D) Would a reasonable person be induced to commit the crime by the officer's acts?
E) Did the government agent commit the crime first?

Question 21

Self-defense is a justification that rests upon the belief that innocent people have the right to protect themselves and their property from crime.

Question 22

Deadly force may only be used against an attacker who has initiated the aggression using unlawful force.

Question 23

Deadly force can always be used to protect oneself from another's criminal act.

Question 24

The law recognizes a difference between defense of self and defense of property. Generally, it is not appropriate to use deadly force to defend objects unless a person is also in immediate danger.

Question 25

The necessity defense can never be used to justify a death to protect property.

Question 26

The two-pronged test for entrapment defenses provides that the criminal design must have originated with law enforcement and the defendant must not be predisposed to commit the crime.

Question 27

Under the common law standard children under 7 years of age are conclusively presumed to be incapable of knowing the wrongfulness of their crimes.

Question 28

Those who are voluntarily intoxicated are not responsible for any act committed while under the influence; this is known as the intoxication defense.

Question 29

There is one standard for the insanity defense in all 50 states and the District of Columbia.

Question 30

A person who has been ruled insane prior to trial can still be tried and convicted, but cannot be executed prior to regaining sanity.

Question 31

A person deemed incompetent to stand trial can be held in jail indefinitely.

Question 32

A person who becomes insane just prior to execution cannot be executed.

Question 33

A person who becomes insane while in prison will be sent to a mental hospital for the remainder of his jail term.

Question 34

Under "stand your ground" laws, homeowners do not have to retreat even if the intruder is leaving.

Question 35

A person can justify the use of force in the defense of others.

Question 36

The fact that a person was wrongfully threatened by another person to perform an act she otherwise would not have performed is one condition of the duress defense.

Question 37

The "mistake of fact" defense can be used for strict liability crimes.

Question 38

If you committed a crime based on your attorney's interpretation of law, you could use the "mistake of law" defense.

Question 39

The consent defense is not available if the victim was a minor.

Question 40

The consent defense is not available if the victim has a mental disease or defect.

Question 41

A legal excuse for committing an act that otherwise would be a tort or a crime is a _______________.

Question 42

___________________ is the use of force to protect oneself from death or imminent bodily harm at the hands of an aggressor.

Question 43

______________ give residents the right to defend their property and persons within that property from intruders including through the use of deadly force.

Question 44

The level of force used to subdue a criminal or prevent a crime without risking death is __________________.

Question 45

The level of force intended to cause death or is likely to cause death is ________________.

Question 46

The act of removing oneself from a conflict is _______________.

Question 47

The concept that a conflict that was not life threatening escalates to life threatening levels is ___________________.

Question 48

The _________ defense may not be used to justify murder.

Question 49

The _____________ defense may be used when a defendant honestly believes something to be true when it isn't.

Question 50

The _____________ defense may be used when a person in good faith relied of an interpretation of law from a person charged with administering the law.

Question 51

MATCHING

-Consent defense

A) States that the defendant lacked the mental state to understand the nature and consequences of the crime.
B) The defense that a child is too young to either be prosecuted or stand trial as an adult.
C) Asks the question, "Was the defendant predisposed to commit the crime?"
D) Holds that a defendant "is presumed to be sane and possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to the jury's satisfaction" beyond a reasonable doubt.
E) The condition of a person who unknowingly ingests an intoxicating substance.
F) Asks the question, "Would an innocent person be induced to commit the crime by the officer's acts?"
G) The defense that the defendant had the victim's consent to perform the acts.
H) The condition where a person knowingly ingests an intoxicating substance.
I) Techniques used by law enforcement to catch criminal activity that fell short of entrapment.
J) A defense used when law enforcement officials lure a person into committing a crime.

Question 52

MATCHING

-Entrapment

A) States that the defendant lacked the mental state to understand the nature and consequences of the crime.
B) The defense that a child is too young to either be prosecuted or stand trial as an adult.
C) Asks the question, "Was the defendant predisposed to commit the crime?"
D) Holds that a defendant "is presumed to be sane and possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to the jury's satisfaction" beyond a reasonable doubt.
E) The condition of a person who unknowingly ingests an intoxicating substance.
F) Asks the question, "Would an innocent person be induced to commit the crime by the officer's acts?"
G) The defense that the defendant had the victim's consent to perform the acts.
H) The condition where a person knowingly ingests an intoxicating substance.
I) Techniques used by law enforcement to catch criminal activity that fell short of entrapment.
J) A defense used when law enforcement officials lure a person into committing a crime.

Question 53

MATCHING

-Subjective standard (majority rule) for entrapment

A) States that the defendant lacked the mental state to understand the nature and consequences of the crime.
B) The defense that a child is too young to either be prosecuted or stand trial as an adult.
C) Asks the question, "Was the defendant predisposed to commit the crime?"
D) Holds that a defendant "is presumed to be sane and possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to the jury's satisfaction" beyond a reasonable doubt.
E) The condition of a person who unknowingly ingests an intoxicating substance.
F) Asks the question, "Would an innocent person be induced to commit the crime by the officer's acts?"
G) The defense that the defendant had the victim's consent to perform the acts.
H) The condition where a person knowingly ingests an intoxicating substance.
I) Techniques used by law enforcement to catch criminal activity that fell short of entrapment.
J) A defense used when law enforcement officials lure a person into committing a crime.

Question 54

MATCHING

-Objective standard (minority rule) for entrapment

A) States that the defendant lacked the mental state to understand the nature and consequences of the crime.
B) The defense that a child is too young to either be prosecuted or stand trial as an adult.
C) Asks the question, "Was the defendant predisposed to commit the crime?"
D) Holds that a defendant "is presumed to be sane and possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to the jury's satisfaction" beyond a reasonable doubt.
E) The condition of a person who unknowingly ingests an intoxicating substance.
F) Asks the question, "Would an innocent person be induced to commit the crime by the officer's acts?"
G) The defense that the defendant had the victim's consent to perform the acts.
H) The condition where a person knowingly ingests an intoxicating substance.
I) Techniques used by law enforcement to catch criminal activity that fell short of entrapment.
J) A defense used when law enforcement officials lure a person into committing a crime.

Question 55

MATCHING

-Legal traps

A) States that the defendant lacked the mental state to understand the nature and consequences of the crime.
B) The defense that a child is too young to either be prosecuted or stand trial as an adult.
C) Asks the question, "Was the defendant predisposed to commit the crime?"
D) Holds that a defendant "is presumed to be sane and possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to the jury's satisfaction" beyond a reasonable doubt.
E) The condition of a person who unknowingly ingests an intoxicating substance.
F) Asks the question, "Would an innocent person be induced to commit the crime by the officer's acts?"
G) The defense that the defendant had the victim's consent to perform the acts.
H) The condition where a person knowingly ingests an intoxicating substance.
I) Techniques used by law enforcement to catch criminal activity that fell short of entrapment.
J) A defense used when law enforcement officials lure a person into committing a crime.

Question 56

MATCHING

-Infancy defense

A) States that the defendant lacked the mental state to understand the nature and consequences of the crime.
B) The defense that a child is too young to either be prosecuted or stand trial as an adult.
C) Asks the question, "Was the defendant predisposed to commit the crime?"
D) Holds that a defendant "is presumed to be sane and possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to the jury's satisfaction" beyond a reasonable doubt.
E) The condition of a person who unknowingly ingests an intoxicating substance.
F) Asks the question, "Would an innocent person be induced to commit the crime by the officer's acts?"
G) The defense that the defendant had the victim's consent to perform the acts.
H) The condition where a person knowingly ingests an intoxicating substance.
I) Techniques used by law enforcement to catch criminal activity that fell short of entrapment.
J) A defense used when law enforcement officials lure a person into committing a crime.

Question 57

MATCHING

-Involuntary intoxication

A) States that the defendant lacked the mental state to understand the nature and consequences of the crime.
B) The defense that a child is too young to either be prosecuted or stand trial as an adult.
C) Asks the question, "Was the defendant predisposed to commit the crime?"
D) Holds that a defendant "is presumed to be sane and possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to the jury's satisfaction" beyond a reasonable doubt.
E) The condition of a person who unknowingly ingests an intoxicating substance.
F) Asks the question, "Would an innocent person be induced to commit the crime by the officer's acts?"
G) The defense that the defendant had the victim's consent to perform the acts.
H) The condition where a person knowingly ingests an intoxicating substance.
I) Techniques used by law enforcement to catch criminal activity that fell short of entrapment.
J) A defense used when law enforcement officials lure a person into committing a crime.

Question 58

MATCHING

-Voluntary intoxication

A) States that the defendant lacked the mental state to understand the nature and consequences of the crime.
B) The defense that a child is too young to either be prosecuted or stand trial as an adult.
C) Asks the question, "Was the defendant predisposed to commit the crime?"
D) Holds that a defendant "is presumed to be sane and possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to the jury's satisfaction" beyond a reasonable doubt.
E) The condition of a person who unknowingly ingests an intoxicating substance.
F) Asks the question, "Would an innocent person be induced to commit the crime by the officer's acts?"
G) The defense that the defendant had the victim's consent to perform the acts.
H) The condition where a person knowingly ingests an intoxicating substance.
I) Techniques used by law enforcement to catch criminal activity that fell short of entrapment.
J) A defense used when law enforcement officials lure a person into committing a crime.

Question 59

MATCHING

-Insanity defense

A) States that the defendant lacked the mental state to understand the nature and consequences of the crime.
B) The defense that a child is too young to either be prosecuted or stand trial as an adult.
C) Asks the question, "Was the defendant predisposed to commit the crime?"
D) Holds that a defendant "is presumed to be sane and possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to the jury's satisfaction" beyond a reasonable doubt.
E) The condition of a person who unknowingly ingests an intoxicating substance.
F) Asks the question, "Would an innocent person be induced to commit the crime by the officer's acts?"
G) The defense that the defendant had the victim's consent to perform the acts.
H) The condition where a person knowingly ingests an intoxicating substance.
I) Techniques used by law enforcement to catch criminal activity that fell short of entrapment.
J) A defense used when law enforcement officials lure a person into committing a crime.

Question 60

MATCHING

-M'Naghten rule

A) States that the defendant lacked the mental state to understand the nature and consequences of the crime.
B) The defense that a child is too young to either be prosecuted or stand trial as an adult.
C) Asks the question, "Was the defendant predisposed to commit the crime?"
D) Holds that a defendant "is presumed to be sane and possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to the jury's satisfaction" beyond a reasonable doubt.
E) The condition of a person who unknowingly ingests an intoxicating substance.
F) Asks the question, "Would an innocent person be induced to commit the crime by the officer's acts?"
G) The defense that the defendant had the victim's consent to perform the acts.
H) The condition where a person knowingly ingests an intoxicating substance.
I) Techniques used by law enforcement to catch criminal activity that fell short of entrapment.
J) A defense used when law enforcement officials lure a person into committing a crime.

Question 61

The postal inspector general conducts a child pornography sting operation in which seized mailing lists are used to send catalogs of child pornography videos to those on the list. Those who order from the catalog are arrested and charged with possession of child pornography. How would you use the entrapment defense in this case?

Question 62

Jack was diagnosed with a serious mental illness as a teen and has been taking powerful anti-psychotic drugs for five years. When his prescription coverage was cancelled at work, he stopped taking the drugs. He then went on a rampage, killing two elderly women. He was arrested and charged with capital murder. What possible defense does he have available and what would you have to show to make a case?

Question 63

Discuss what efforts you can take to protect private property while you are not on the premises.

Question 64

Jenny unknowingly drinks a glass of punch spiked with an illicit drug and alcohol. She has never touched a drop of alcohol until today. She has a car accident while under the influence and seriously injures a pedestrian. What defense does she have available and what will she have to prove?

Question 65

Susan carries a loaded gun because she has been stalked by a stranger for months. She arrives at another woman's house to discuss their mutual relationship with Stan, a former football player. While talking, Stan arrives. An argument among the three ensues, and Stan follows Susan to her car, shouting at her as she retreats. Stan then heads for his car, where Susan knows he keeps a gun. Susan takes her handgun out of her purse and fires what she calls a warning shot into the air as she drives off. The bullet hits him in the buttocks. Stan dies three days later when the surgeons at a hospital miss the fact that the bullet severed an artery. Susan is arrested and charged with murder. Discuss any defenses she may have available.