Question 1

Which one of the following statements concerning a person's use of force is INCORRECT?

Accepted Answer

A police officer may only use deadly force to prevent the escape of a felon who poses a significant threat of death or serious physical harm to the officer or others. This is known as the "fleeing felon" rule and has been restricted in recent years by the Supreme Court. Therefore, statement B is incorrect.

Question 2

Which of the following statements is INCORRECT?

Accepted Answer

The right to defend personal property does not typically carry the same legal weight as the right to defend one's home, which is often given more leeway under the law.

Question 3

In most jurisdictions, voluntary intoxication may be considered in determining whether a defendant can formulate the ___________ required to prove such crimes as larceny, burglary, and premeditated murder.

Accepted Answer

Voluntary intoxication can be considered in determining whether a defendant had the specific intent required for crimes such as premeditated murder. Specific intent crimes require the defendant to have intended a particular result or outcome, whereas general intent crimes only require an intentional act. Therefore, choice D (specific intent) is the best answer.

Question 4

A defense that must be specifically pled is classified as a (an) _______ defense.

Accepted Answer

Affirmative defenses are defenses that must be specifically pled by the defendant, often related to the defendant's mental state or the circumstances of the crime, rather than simply denying the allegations made by the prosecutor (negative defense). Arraignment is a process where the defendant is informed of the charges and enters a plea, not a type of defense. Novel defense is not a recognized term in criminal law.

Question 5

Karen is browsing around a public library.She has no library card nor does she have permission to borrow books, yet she leaves with several books under her arm.At Karen's trial for petit theft, she claims that she had an "irresistible impulse" to take the books.In a state that follows the M'Naghten Rule, Karen has a good defense of ______.

Accepted Answer

The M'Naghten Rule focuses on whether the defendant knew right from wrong at the time of the crime. An "irresistible impulse" defense is not recognized under this rule, so Karen does not have a good defense of insanity.

Question 6

The Insanity Defense Reform Act of 1984 provides that in federal courts _________.

Accepted Answer

The Insanity Defense Reform Act of 1984 shifted the burden of proof to the defendant, requiring them to prove insanity by clear and convincing evidence, rather than the government proving sanity.

Question 7

To sustain the defense of selective prosecution, a defendant must establish ________.

Accepted Answer

Selective prosecution refers to the situation where a defendant claims that they have been selectively targeted for prosecution based on their race, religion, or exercise of First Amendment rights. To sustain this defense, the defendant must establish that they were selected for prosecution for these reasons. Therefore, the correct answer is C. The other options are not relevant for establishing the defense of selective prosecution.

Question 8

Involuntary ___________ rarely occurs, but when it does, it can negate criminal intent.

Accepted Answer

Involuntary intoxication refers to being unknowingly or involuntarily intoxicated, for example, by spiked drinks or medication. If someone commits a crime while under involuntary intoxication, they may be able to argue that they lacked the necessary criminal intent, making it difficult to convict them of certain crimes. Manslaughter, solicitation, and confession are not necessarily related to involuntary actions or lack of intent.

Question 9

Which of the following has been judicially recognized as a defense to criminal conduct?

Accepted Answer

Necessity has been recognized as a defense to criminal conduct when the accused acted to prevent a greater harm or danger, and there were no other reasonable alternatives. The other options listed (television intoxication, premenstrual syndrome, victim's negligence) have not been recognized as valid defenses in criminal cases.

Question 10

If consent negates the element of force, it may in some instances be a defense to ___.

Accepted Answer

Consent can negate the element of force in forcible rape, making it a potential defense. However, consent is not a defense in statutory rape cases, as the law considers minors incapable of giving legal consent.

Question 11

Under the __________ Rule, it must be clearly proved that, at the time of committing the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know what he was doing was wrong.

Accepted Answer

The rule described in the question is known as the M'Naghten Rule, named after Daniel M'Naghten, who was acquitted of murdering the secretary to the British Prime Minister in 1843 by reason of insanity. The M'Naghten Rule is still used in many common law jurisdictions today.

Question 12

Few cases have caused as great a concern as the verdict finding __________ not guilty by reason of insanity in his trial for the 1981 shooting of President Ronald Reagan.

Accepted Answer

John Hinckley shot President Ronald Reagan in 1981 and was found not guilty by reason of insanity. This verdict caused concern and controversy as it led to discussions about the insanity defense and the criteria for determining mental illness in legal cases. The other choices (A) Robert Peel, (B) John David Chapman, and (D) Edward Teach are not relevant to this case.

Question 13

Which one of the following statements is CORRECT?

Accepted Answer

This statement is correct as many states have enacted laws that allow for juveniles to be tried as adults for certain offenses such as murder or aggravated assault. While juvenile courts still exist, this option allows for harsher penalties and adult consequences for serious offenses. Statements B, C, and D are incorrect. Statement B is incorrect as there are additional defenses such as self-defense, necessity, and coercion. Statement C is incorrect as advice of counsel is not a complete defense to violating the law, it may be considered as a factor in determining if the defendant had the necessary intent to commit the crime. Statement D is incorrect as courts generally require an immediate threat to the defendant to establish a defense of duress, not simply threats of future harm.

Question 14

Under the American Law Institute's standard, a person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, that person lacks ______________ either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law.

Accepted Answer

The American Law Institute's standard requires that a person must lack substantial capacity at the time of the criminal conduct to appreciate the wrongfulness of the conduct or conform it to the requirements of the law. Choice A, B, and D are incorrect because they do not accurately reflect the language of the standard.

Question 15

The common law regarded a child under age ______ as incapable of forming criminal intent.

Accepted Answer

Under common law, a child under the age of seven was considered incapable of forming criminal intent, as they were presumed not to have the mental capacity to understand the nature of their actions.

Question 16

Which one of the following statements is INCORRECT?

Accepted Answer

Setting a spring gun is a criminal offense, and the party who sets it can be held liable for any resulting death or injury caused by the spring gun. The incorrect statement is that the person who sets a spring gun is not criminally responsible for any resulting death or injury caused by the spring gun.

Question 17

Which one of the following defenses does not relate to a defendant's capacity to comprehend his or her actions?

Accepted Answer

Duress is a defense where the defendant claims that they were forced to commit the crime under threat or coercion, and it does not relate to the defendant's capacity to comprehend their actions. Infancy relates to the age at which a defendant is legally responsible for their actions, intoxication may affect a defendant's ability to form intent, and insanity relates to a defendant's mental state at the time of the crime.

Question 18

The "_________________" standard of proof is higher than the usual civil evidentiary standard of "preponderance of the evidence" but somewhat lower than the standard of "beyond a reasonable doubt" that pertains to the criminal trial.

Accepted Answer

The standard described is "clear and convincing evidence," which is a higher standard than "preponderance of the evidence" but lower than "beyond a reasonable doubt." The other choices, "totality of circumstances," "reasonable suspicion," and "probable cause," do not fit the description given.

Question 19

Which of the following statements is incorrect?

Accepted Answer

At the time the United States was founded, juvenile offenders were not adjudicated separately from adults.

Question 20

There are four defenses asserting the lack of capacity to commit a crime: intoxication, ________, insanity and automatism.

Accepted Answer

Infancy is a defense that asserts a lack of capacity to commit a crime due to the defendant's young age, similar to the other defenses listed.

Quiz 14: Criminal Responsibility and Defenses