Question 1

Two teenagers consenting to shooting BB rifles at each other, resulting in the loss of the sight in one eye due to injury from one of the BBs, is considered an accident by the courts because of the element of consent.

Accepted Answer

The courts would likely not consider this situation an accident because it involved reckless behavior and could potentially result in charges of assault or negligence. The teenagers cannot legally consent to causing intentional harm to each other.

Question 2

A law enforcement officer confronted with a situation where a suspect may merely be armed justifies deadly force to be used.

Accepted Answer

Merely being armed does not justify the use of deadly force. The officer must determine if there is an imminent threat of death or serious bodily harm to themselves or others before using deadly force.

Question 3

It is not always easy to identify the initial aggressor, and it is not always clear what types of behaviors constitute aggressive actions.

Accepted Answer

It can be difficult to determine who started a conflict or what actions should be considered aggressive.

Question 4

A person intentionally shoots another person. The victim dies. However, the prosecution fails to prove that the suspect intended to kill the victim. The suspect will be set free.

Accepted Answer

While the prosecution may have difficulty proving intent to kill, the suspect can still be charged with other crimes such as manslaughter or reckless endangerment. It is not necessarily true that they will be set free. Ultimately, the outcome will depend on the specific details of the case and the laws of the jurisdiction where the trial takes place.

Question 5

According to the Model Penal Code, a person is completely within his or her right to shoot a burglar even though no personal threat exists.

Accepted Answer

The Model Penal Code does not allow for the use of deadly force unless it is necessary to protect oneself or another from imminent harm or danger. Shooting a burglar who does not pose a personal threat would be considered excessive and illegal under the Model Penal Code.

Question 6

The difference between the castle doctrine and "make my day law" is that the latter is premised on a defense of habitation theory, not a self-defense theory.

Accepted Answer

The castle doctrine applies to both habitation and self-defense situations, while "make my day law" is specifically a defense of habitation law.

Question 7

The Model Penal Code allows an ordinary citizen to use force to prevent a person from committing suicide.

Accepted Answer

The Model Penal Code permits the use of force by an ordinary citizen to prevent suicide, as it is considered a form of self-defense or defense of another person.

Question 8

What positions do courts take when it comes to the use of deadly force concerning defense of habitation?

Accepted Answer

Courts are still divided on the use of deadly force concerning defense of habitation. Some courts allow the use of deadly force, even if there is no intrusion or threat of violence, while others only permit the use of deadly force if the intruder poses a threat of violence. However, there is no universal consensus among courts.

Question 9

Deadly force is authorized against an intruder if the actor believes the intruder is seeking to dispossess him of his dwelling, the intruder has no claim of access to the property, and the force is immediately necessary.

Accepted Answer

This statement is true and is a part of the Castle Doctrine, which varies by state but generally allows individuals to use deadly force to protect themselves and their property in their own home. This applies only if the individual believes that the intruder is trying to enter the property illegally or forcefully, and the use of force is immediately necessary to prevent harm or theft.

Question 10

The necessity defense, also called the choice of evils, justifies certain types of criminal activity when it cannot be avoided. However, claims of necessity generally fail in cases of homicide.

Accepted Answer

The necessity defense can be used to justify criminal activity in certain situations, such as when someone is trying to prevent harm to themselves or others. However, claims of necessity typically do not apply in cases of homicide, as the taking of another person's life is not typically considered justifiable under any circumstances.

Question 11

Deadly force may be used in defense-of-property if the situation involved in defense-of-property evolves into a self-defense or defense of others that justifies the use of deadly force.

Accepted Answer

Deadly force can be justified in defense-of-property only if the situation escalates to the point where it becomes a matter of self-defense or defense of others. Otherwise, the use of deadly force in defense-of-property is generally not deemed justifiable by law.

Question 12

A defense of necessity will likely succeed if a person drives on a suspended license, a relatively minor crime, to take a sick loved one to the hospital.

Accepted Answer

A defense of necessity argues that the person committed the crime in question out of a necessary and reasonable need to prevent a greater harm, such as the need to take a sick loved one to the hospital. In this case, driving on a suspended license may be seen as a minor crime compared to the potential harm of not getting medical attention to the sick loved one in time. Therefore, the defense of necessity is likely to succeed.

Question 13

What defense available to female victims of domestic violence who kill their partners is often raised as a declaration of self-defense?

Accepted Answer

The defense often raised by female victims of domestic violence who kill their partners is the battered woman syndrome defense. This defense is based on the theory that a woman who is repeatedly subjected to physical and psychological abuse may develop a psychological condition that can lead to her believing that she is in imminent danger of being killed by her partner, even if there is no immediate threat to her safety. The defense argues that the woman's actions were necessary to protect herself from her abuser and that she was acting in self-defense.

Question 14

If a situation arises where an arrest is an unlawful arrest, what force may the victim use to resist the illegal arrest?

Accepted Answer

The correct answer is C) Any level of force necessary to stop the arrest, but not deadly force. This is because while individuals may have the right to resist an unlawful arrest, the use of deadly force is generally not permissible unless it is in self-defense or defense of another where there is an immediate threat of death or serious bodily harm.

Question 15

What conditions must be met in order for a claim to succeed under the Model Penal Code?

Accepted Answer

All of the conditions mentioned in options A, B, and C must be met for a claim to succeed under the Model Penal Code. The actor must be justified in using force to protect themselves or another person, and they must believe that their intervention is necessary for the protection of the person they seek to defend.

Question 16

The State of Alaska has what type of castle doctrine law?

Accepted Answer

The State of Alaska has a strong castle doctrine law, which allows a homeowner to use deadly force against an intruder who unlawfully enters their home or occupied vehicle. The law also removes the duty to retreat and provides legal protections to the homeowner in case of a self-defense shooting.

Question 17

FBI training for deadly force states that, if feasible, and if doing so would not increase the danger to the agent or to others, a verbal warning to submit to the authority of the agent should be given prior to the use of deadly force.

Accepted Answer

The statement accurately reflects the FBI's training protocol for the use of deadly force. They emphasize the importance of verbal warnings, where possible, to try and deescalate situations and avoid unnecessary use of lethal force.

Question 18

In general, people are authorized to use spring guns or any other mechanical device of the sort based on the rules applicable to protecting one's domicile.

Accepted Answer

The use of spring guns or similar mechanical devices for protection is generally not authorized due to the indiscriminate harm they can cause, regardless of whether the intruder poses a real threat. Legal principles often require that the use of force in defense of property or self must be proportionate and discriminate.

Question 19

A suspect's prior conduct or criminal history does not effect the officer's decision to use deadly force against that suspect.

Accepted Answer

A suspect's prior conduct or criminal history may be a factor considered by the officer when making a decision to use deadly force. However, it should not be the sole determining factor and should be evaluated in the context of the immediate threat to the officer or others. Force should always be used as a last resort and only to the extent necessary to control the situation.

Question 20

A nonexculpatory defense is a defense that is related to the elements of the crime or defendant's alleged fault or guilt.

Accepted Answer

A nonexculpatory defense does not address the defendant's guilt or the elements of the crime directly but rather focuses on other factors, such as procedural issues or defenses like insanity or duress, that might mitigate or eliminate liability.

Quiz 4: Justification Defenses