Question 1

Which of the following is an incorrect element required to plead self-defense?

Accepted Answer

The answer of Which of the following is an incorrect...

Question 2

The doctrine stating that a victim of an attack need not retreat and may use whatever force is necessary to repel an attack, even if a safe retreat was possible, is the

Accepted Answer

The answer of The doctrine stating that a victim of...

Question 3

The doctrine stating that people need not retreat and may defend themselves in their own home is the

Accepted Answer

The castle doctrine is the legal doctrine that designates a person's home (or, in some cases, any legally occupied place) as a place in which that person has protections and immunities permitting them, in certain circumstances, to use force (up to and including deadly force) to defend themselves against an intruder, free from legal prosecution for the consequences of the force used.

Question 4

Consent must be

Accepted Answer

Consent must be voluntary, knowing, and intelligent, meaning it is given freely, with an understanding of the situation, and with the capacity to make that decision.

Question 5

The United States Supreme Court held that police use of deadly force to apprehend fleeing criminal suspects is limited by the Fourth Amendment, which requires that all seizures be conducted in a reasonable manner, in

Accepted Answer

Tennessee v. Garner (1985) is the case where the U.S. Supreme Court held that the use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable under the Fourth Amendment.

Question 6

An example of an excuse defense is

Accepted Answer

Insanity is an example of an excuse defense, where the defendant argues that they should not be held criminally responsible for their actions due to mental illness at the time of the crime, affecting their ability to understand right from wrong or control their actions.

Question 7

Which of the following is true of duress?

Accepted Answer

Duress involves coercion by threat of harm, making it a defense in some legal situations. It typically requires the threat to be of imminent bodily harm to the person being coerced or to others.

Question 8

Which of the following excuses, if successfully proven, would most likely allow a person to escape criminal liability?

Accepted Answer

The answer of Which of the following excuses, if successfully...

Question 9

At common law there is an irrebuttable presumption that children under what age are considered incompetent?

Accepted Answer

At common law, there is an irrebuttable presumption that children under the age of seven are considered incompetent to commit crimes due to their inability to form the necessary mens rea, or criminal intent.

Question 10

At common law what age group has rebuttable presumption of incompetence in adult criminal court?

Accepted Answer

At common law, children between the ages of seven and fourteen have a rebuttable presumption of incompetence in adult criminal court. This means it is presumed that children in this age group cannot form the intent necessary to commit a crime, but this presumption can be challenged and overcome with evidence to the contrary.

Question 11

What age group has a presumption of competence in adult criminal court?

Accepted Answer

Children between fourteen and eighteen are presumed to be competent in adult criminal court.

Question 12

The juvenile court was established as an alternate approach to juvenile offenders and was based on

Accepted Answer

The juvenile court system was established based on the parens patriae doctrine, which allows the state to step in and act as a guardian for children, juveniles, or any individuals who are unable to protect themselves. This principle underlies the idea that the state has a responsibility to intervene and provide care, supervision, or rehabilitation for juveniles who commit offenses, rather than punishing them as adults.

Question 13

Insanity

Accepted Answer

Insanity is primarily a legal term used to describe a defendant's mental state at the time of committing a crime, indicating they were unable to understand the nature of their actions or distinguish right from wrong. It is not a medical term, and it can be used to excuse criminal liability by affecting the assessment of the defendant's mens rea, or intent, contrary to option C.

Question 14

Which of the following tests for insanity established the right versus wrong standard?

Accepted Answer

The answer of Which of the following tests for insanity...

Question 15

Which of the following tests for insanity required that a defendant essentially lack free will?

Accepted Answer

The answer of Which of the following tests for insanity...

Question 16

Which of the following tests excused criminal liability if it was the product of mental disease or defect?

Accepted Answer

The Durham test, also known as the "product test," excuses criminal liability if the unlawful act was the product of mental disease or defect.

Question 17

Which of the following tests for insanity was established by the American Law Institute?

Accepted Answer

The substantial capacity test was established by the American Law Institute as a modern standard for insanity in criminal cases, aiming to provide a more flexible approach than previous tests by considering both the defendant's ability to understand the wrongfulness of their actions and their ability to conform their conduct to the requirements of the law.

Question 18

The ______test for insanity states that the defendant is not criminally responsible if his or her act was "the product of mental disease or defect."

Accepted Answer

The correct answer is B) product. The "product test" for insanity, also known as the Durham Rule, states that a defendant is not criminally responsible if his or her unlawful act was the product of mental disease or defect.

Question 19

Age has been treated as a defense to criminal liability on the ground that persons below a certain age lack the requisite mental capability to form mens rea or criminal intent. This is known as the

Accepted Answer

The infancy defense is based on the principle that children below a certain age lack the mental capacity to form the intent necessary to be held criminally responsible for their actions.

Question 20

This doctrine requires that a person must retreat rather than use deadly force if it possible to retreat without incurring harm.

Accepted Answer

The retreat doctrine mandates that an individual must attempt to safely retreat instead of using deadly force in a confrontation, provided that it is possible to do so without risking harm to oneself.

Quiz 2: Some Important Underlying Concepts