criminal law makeup
To be lawful, force used in self-defense or defense of another must be both reasonable and
immediatlely neccessary
the defense of entrapment has two elements
improper government inducement of the crime and lack of predisposition on the part of the defendant to engage in the criminal conduct
in states that have adopted make my day rules, the occupant of a dwelling
may use deadly force against an intruder
in most states, duress is not a defense to
murder
because johnny was burglarizing his home the home owner can use what type of force
non deadly force
the use of a taser by the police is considereed to be
non deadly force
if a defendant is tried for the same offense by both state and federal governments this is
not a violation of double jeopardy
the general rule is that ignorance is
not defense
the term "in loco parentis"
people who take the place of the parents
To lawfully use deadly force in self-defense, what kind of fear of imminent death or great bodily harm must exist?
reasonable
action by police officers using force to arrest a suspect are seizures of the suspect, and thus under the 4th amendment must be
reasonable
john died when his head hits a rock and dies. what type of force was actually used
reasonable
the amount of force used in self defense or defense of another must, under the circumstances that exist, be
reasonable
the driver pulls out a gun and tries to shoot the officer so the officer kills the driver. the use of force is
reasonable
the driver resists arrests and assaults the officer, the officer tases the driver, the use of force is ?
reasonable
when stopping a person for investigative purposes based upon reasonable suspicion officers may use
reasonable and neccessary force given the circumstances
the castle doctrine states that people who have been assaulted in their homes by a trespasser have no duty to retreat or flee but may stand their ground and use force as is necessary and
reasonable to defend themselves
in most states what must the owner of a dwelling do before using non deadly force against someone who is trespassing
request the intruder leave the propery
the seperate office rule states that where the same acts or transaction constitutes a violation of 2 distinct statutory provisions, the test to be applied to determine whether there are 2 offenses or only one, is whether each provision
requires proof of an additional fact which the other does not
john "Steroid arms" buff picks a fight with james "no arms" smalls. john begins to punch james in the for no reason. james fights back and john hits his head and dies. jame's defense is?
self defense
When an uncooperative driver refuses to submit to a breath or urine test police have begun
taking forced blood samples from these uncooperative drivers
State laws and police regulations regarding the use of deadly force must conform to the requirements established by the U.S. Supreme Court in
tennessee v garner and graham v connor
state laws regarding the use of deadly force in making arrests must comply with the requirements established the us supreme court in which case
tennessee v. garner
in determining what constitutes a crime of child abuse, consideration will be given to
the age, size, and health of the child and the reason for the discipline
which of the following is not eligibe for stand your ground protection
the aggressor
in a jury trial, jeopardy attaches once
the jury is sworn
the use of force is not permissible under which condition
the resist an unlawful arrest
in most states the use of booby traps is
unlawful
key points in determing the lawfulness of force used in self defense include all of the following except
unlawfulness
When using the defense of duress, defendants admit they committed the crime but did so only because they
were threatened with death or serious injury if they did not commit the crime
based on the 4th amendment police officers may use deadly force when seizing a fleeing suspect
when the offense is a felony and the suspect poses a threat to safety
a police officer may use non deadly force in all of the following situations except
when the suspect is fully cooperative
double jeopardy does not bar succesive prosecutions of a defendant convicted of one offense if the subsequent prosecution involves
a different or seperate offense
who may not use deadly force when faced with the threat of death or serious bodily harm to the officer or another
all may use deadly force
as long as it is reasonable, a child may be disciplined by all of the following except
another student
foreign diplomatic officers in the Unites States are immune from
both arrest and prosecution
a person assaulted in their home by a trespasser has no duty to retreat and may use neccessary force based upon what doctrine
castle
laws that encourage people to come to the aid of anther are referred to as
good samaritan laws
what law encourages bystanders to help out those who are in danger
good samaritan laws
state laws or regulations stating how and when police officers may use force must also comply with the
4th amendment
"stand your ground" laws change what doctrine in many states by adopting a presumption that a homeowner has a fear of immenent peril whenever he is attacked in his home
?
Whether excessive force was used by police in making an arrest will be analyzed under the Fourth Amendment and what standard?
?
in the case of escape from prison or jail, duress or coercion
?
the 4th amendment applies to use of force by a police officer because the 4th amendment provides an explicit textual source of constitutional protection against this sort of
?
what doctrine states that a person in his home is justified in using reasonable force, including deadly force, in response to an assault in their home
?
when can force not be used in the defense of another person
?
which of the following reasons does not help explain why use of deadly force is currently forbidden in the defense of property
?
today, most states prohibit the use of what kind of force to protect property
deadly
force that is likely to cause or is capable of causing death or serious bodily injury
deadly force
Should a 70-year-old, 100 pound woman begin to hit a 25-year-old, 200-pound man with an umbrella, the man may
defend himself by taking the umbrella away from the woman
a passerby jumps in to help james and uses what defense?
defense of another
the doctrine that prevents a second determination of a change or issue one it has been judicially determined in a case involving the same parties is called
double jeopardy
the doctrine that allows the federal and a state government to file a seperate criminal actions for the same criminal act is called
dual sovengrity
if force in making arrests should become necessary because of resistance or and attempt to esacapt the officer may use only such force as is reasonably believed neccesary to achieve all of the following except
err on the side of too much force
non deadly force is permitted when
evicting a trespasser
the protection against double jeopardy is found in the ___________ amemdment
fifth
the florida stand your ground law creates a presumption that a homeowner has a reasonable fear of imminent peril or death whenever another person unlawfully and
forcefully enters the dwelling
the defense that usually alleges that a law enforcement officer has planted false evidence, or has altered, substitued or destroyed evidence is called a
frame up