Question 1

The necessity defense, also called the ________________ defense, justifies certain types of criminal activity when it cannot be avoided.

Accepted Answer

The answer of The necessity defense, also called the ________________...

Question 2

If the aggressor ______________ in some fashion and later uses force in self-defense, he or she may escape criminal liability.

Accepted Answer

The answer of If the aggressor ______________ in some fashion...

Question 3

Defenses that result in the defendant being convicted of a lesser crime, but do not result in an acquittal, are known as perfect defenses.

Accepted Answer

Defenses that result in the defendant being convicted of a lesser crime are known as imperfect defenses, not perfect defenses. Perfect defenses result in an acquittal.

Question 4

There are four general requirements for a successful modern-day claim of self-defense: an unprovoked attack, imminent danger, absence of alternatives, and ________________.

Accepted Answer

The answer of There are four general requirements for a...

Question 5

Battered woman syndrome rarely succeeds as a defense when the abuser is __________ when he posed no immediate danger.

Accepted Answer

The answer of Battered woman syndrome rarely succeeds as a...

Question 6

David is a patrol officer with the Dallas Police Department. While patrolling southeast Dallas, David sees a man running out of the house on the corner of main and 3ʳᵈ Street. A woman stumbles out of the house. She is yelling, "Help! I have been robbed!" David immediately reports the crime in progress to dispatch and requests a back up. He observes the man enter a 2001 dark green Chevrolet pickup. As the suspect pulls the vehicle onto the roadway, David asks dispatch to verify the license plate on the vehicle. Dispatch advises David that the vehicle belongs to Lonny Smith who is well known by all of Dallas police as a hardened criminal who has fired his weapon on more than three separate occasions in a battle to resist arrest. David follows the fleeing suspect while he waits for back up to arrive. Three other units arrive and they initiate a felony stop. Are David and the other officers justified in displaying and using deadly force against this suspect? Why or why not? What if the suspect jumps from the car and tries to run away without displaying any type of weapon. Will the officers be justified in shooting him since he is a fleeing felon? Why or why not?

Accepted Answer

The answer of David is a patrol officer with the...

Question 7

A person is justified in using _______________ force to protect another from the unlawful use of force by an aggressor.

Accepted Answer

The answer of A person is justified in using _______________...

Question 8

At common law, the victim of an unlawful arrest could use as much force necessary to resist an illegal arrest with the exception of _________________.

Accepted Answer

The answer of At common law, the victim of an...

Question 9

A woman who suffers repeatedly from unprovoked beatings from her intoxicated husband and assaults the husband by hitting him with a frying pan as soon as he enters the home may seek defense from prosecution under the _________________.

Accepted Answer

The answer of A woman who suffers repeatedly from unprovoked...

Question 10

A man and his wife leave a nightclub and are confronted by a robber wielding a knife as they reach their car. The robber threatens to kill them if they do not give him all their money and jewelry. The husband assures the robber that he left his wallet in the car. The robber tells him to retrieve the wallet, but to be careful because he will kill the man's wife if he tries any tricks. The man actually retrieves a loaded pistol; turns and fires the weapon; killing the suspect. What charges will be filed against the man, if any? Does the husband rely on lawful use of force? Why? Why not?

Accepted Answer

The answer of A man and his wife leave a...

Question 11

___________________ is a defense that prevents conviction if the defendant's actions were so trivial or minor in relation to the intent of the criminal law.

Accepted Answer

The answer of ___________________ is a defense that prevents conviction...

Question 12

Jane is an abused wife who does not work and has no other means of income other than the income provided by her husband, John. John is an alcoholic who stops off at a local bar on the way home from work every night to unwind. John always arrives home around 9:00 p.m. intoxicated from his nightly binge. As soon as he walks in the door he begins to beat his wife severely with personal weapons or anything available at that moment. John's beatings have put Jane in the hospital three times in the past six months. She has filed charges against John, but the courts continually put him on probation with mandated counseling. Jane knows that John is going to be exceptionally brutal on this specific night because they had a fight before he left for work. She decides she is not going to tolerate another beating from John. Jane meets John as he enters their home and greets him with a large, cast-iron skillet. The blow fractures John's skull and he crumples to the floor. Jane immediately calls 911. John is rushed to the hospital. What defense may Jane rely upon to justify her actions? What if John dies? Will that same defense apply? Why or why not?

Accepted Answer

The answer of Jane is an abused wife who does...

Question 13

Prosecution in a murder case has failed to prove that the suspect intentionally assaulted the victim with the intent to kill the victim. Explain what options for the prosecution may be available if this situation occurs. What could the defendant expect to gain from the lack of proof? If any other charges can be introduced, what charges might be pursued? Would the degree of proof be the same as that required proving intent?

Accepted Answer

The answer of Prosecution in a murder case has failed...

Question 14

The Supreme Court held that all claims that law enforcement officers have used excessive force-deadly or not-in the course of an arrest, investigatory stop, or other "seizure" of a free citizen, should be analyzed under the Fourth Amendment and its __________________ standard.

Accepted Answer

The answer of The Supreme Court held that all claims...

Question 15

The doctrine that states that a non-aggressor is not required to retreat from his or her home if attacked is known as ____________________.

Accepted Answer

The answer of The doctrine that states that a non-aggressor...

Question 16

Statute of limitations is the maximum amount of time allowed by law to seek prosecution for certain crimes or offenses.

Accepted Answer

The statement is correct. Statute of limitations is the maximum amount of time allowed by law to seek prosecution for certain crimes or offenses. Once the statute of limitations has passed, the person cannot be prosecuted for that offense.

Question 17

___________________ is a state law that provides homeowners with considerable latitude to use force to defend their dwelling from unauthorized intruders.

Accepted Answer

The answer of ___________________ is a state law that provides...

Question 18

New Hampshire, Vermont, New York, Pennsylvania, Virginia, Iowa, South Dakota, Nebraska, New Mexico, Idaho, and Nevada are states with _________________.

Accepted Answer

The answer of New Hampshire, Vermont, New York, Pennsylvania, Virginia,...

Question 19

The Model Penal Code sanctions the use of _____________ force in "self-protection" when "the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion."

Accepted Answer

The answer of The Model Penal Code sanctions the use...

Question 20

A man fishing in a bay in San Diego discovers a man who had been wade-fishing during low tide. The man had stepped into a hole between two large sections in a coral reef. The fisherman attempts in vain to free the man before the rising tide overwhelms the man. The fisherman determines that the only hope of freeing the man before he succumbed to the rising tide was to amputate the man's foot. The man has passed out because of the painful cuts received from the coral. The fisherman proceeds to amputate the man's foot; frees him from the coral; and revives him once he is back on the nearby beach. The fisherman calls 911 and stays with the man until the ambulance arrives. Once the man regains his health, he files charges against the fisherman for aggravated assault and files a civil suit as well. Explain what charges the man will be able to file, if any. Does the man have a case? Will a civil suit prevail? If so, why? If not, why?

Accepted Answer

The answer of A man fishing in a bay in...

Quiz 4: Justification Defenses