Question 1

Which one of the following defenses was not based on English common law?

Accepted Answer

The statute of limitations defense is not based on English common law. It is a legal doctrine created by statute in modern times to limit the amount of time that can pass between a wrongful act and the filing of a civil lawsuit or criminal charges. Duress, necessity, and mistake of fact are all common law defenses.

Question 2

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

Accepted Answer

The answer of A statute of ______ is a legislative...

Question 3

In __________ offenses, the defense of mistake of fact is unavailing because these offenses are not based on intent.

Accepted Answer

The answer of In __________ offenses, the defense of mistake...

Question 4

Whereas in duress the situation has its source in the actions of others, in the defense of ________ forces beyond the actor's control are said to have required a person's choice of the lesser of two evils.

Accepted Answer

The answer of Whereas in duress the situation has its...

Question 5

Under international law, a person who has diplomatic status is immune from arrest and prosecution, thus enjoying ____________.

Accepted Answer

The answer of Under international law, a person who has...

Question 6

Although there are some exceptions, historically courts have said that a victim's ___________ is not a defense to a criminal prosecution.

Accepted Answer

The answer of Although there are some exceptions, historically courts...

Question 7

An ______________ defense is one in which the defendant admits to the criminal act but denies criminal responsibility.

Accepted Answer

The answer of An ______________ defense is one in which...

Question 8

Which of the following statements is INCORRECT?

Accepted Answer

Strict liability offenses do not allow for a mistake of fact defense, as they do not require proof of mens rea (intent or knowledge).

Question 9

____________ can become a viable defense where a defendant can establish that others similarly situated have not been prosecuted for conduct similar to the defendant's and the defendant's prosecution is based on grounds such as race, religion, or exercise of First Amendment rights.

Accepted Answer

The answer of ____________ can become a viable defense where...

Question 10

In some states where insanity is classified as an affirmative defense, the defendant bears the burden of proof of insanity, usually by ______________.

Accepted Answer

In states where insanity is an affirmative defense, the defendant typically must prove insanity by a preponderance of the evidence, which means showing that it is more likely than not that they were insane at the time of the crime.

Question 11

___________ immunity protects a witness from prosecution for any activity mentioned in the witness's testimony.

Accepted Answer

The answer of ___________ immunity protects a witness from prosecution...

Question 12

The defense of _______ is raised by a defendant who claims to have been at a place other than where the crime allegedly occurred.

Accepted Answer

The answer of The defense of _______ is raised by...

Question 13

At common law a person attacked had a duty to "______________" before using deadly force in self-defense.

Accepted Answer

The answer of At common law a person attacked had...

Question 14

Defenses asserting lack of capacity to commit a crime include infancy, intoxication, insanity, and ___________.

Accepted Answer

The answer of Defenses asserting lack of capacity to commit...

Question 15

Based on a famous 19th century English case, the ?????????????_____________ became the test for insanity in federal and state courts in the United States.

Accepted Answer

The answer of Based on a famous 19th century English...

Question 16

A defendant who claims to have been at a place other than where the crime charged occurred would likely assert the defense of __________.

Accepted Answer

Alibi is a defense that asserts the defendant was not at the scene of the crime when it happened and was at a different place. This defense aims to prove that the defendant could not have committed the alleged offense as they were elsewhere at the time. Thus, a defendant who claims to have been at a place other than where the crime charged occurred would likely assert the defense of alibi.

Question 17

The ALI standard provides that persons are not responsible for criminal conduct if they lack ______________ either to appreciate the wrongfulness of their conduct or to conform their conduct to the requirements of the law.

Accepted Answer

The answer of The ALI standard provides that persons are...

Question 18

English common law conclusively presumed that a child younger than _______ could not commit a crime.

Accepted Answer

The answer of English common law conclusively presumed that a...

Question 19

The common law recognized that _______ can be a defense to criminal charges if the defendant had been subjected to threats of harm that led to well-grounded apprehensions of death or serious bodily harm if the prohibited act was not done.

Accepted Answer

The answer of The common law recognized that _______ can...

Question 20

Which one of the following defenses is based on constitutional authority?

Accepted Answer

Double jeopardy is based on the Fifth Amendment of the U.S. Constitution, which prohibits a person from being tried twice for the same crime after acquittal or conviction. Diplomatic immunity is based on international law, insanity is a defense based on mental capacity, and alibi is a factual defense based on the accused's location at the time the crime was committed.

Quiz 14: Criminal Responsibility and Defenses