Chapter 6
Under the common law, any person aged _____ was considered criminally responsible.
14 and older
Identify a rule imposed on the use of nondeadly force, as laid down by the Model Penal Code (MPC), that can be employed by an individual to protect his or her property.
A property owner should not use any mechanical device that would cause disproportional harm.
Which of the following is an element of criminal culpability?
A unity of actus reus and mens rea
According to the Model Penal Code (MPC), identify a condition that must be met for the defense of another to be asserted in situations involving third-party protection
Actors must use such force as they would be entitled to use in their own self-defense, based on the circumstances as they believe them to be.
Identify the defenses based on excuse
Age of the actor and diminished capacity
_____ is commonly used to mean any set of identifiable conditions or circumstances that may prevent a conviction for an offense.
Defense
______ is a term used to describe two circumstances in which a mental condition short of insanity will lead to an acquittal or lessened charges: (1) where the accused raises the condition as a failure of proof defense, and (2) a true partial defense, whereby the crime of murder can be mitigated to manslaughter.
Diminished capacity
The _____ of insanity was adopted only by the District of Columbia and was abandoned there in 1972
Durham test
_____ occurs when the prosecution fails to prove the cause of action in its entire scope and meaning.
Failure of proof
Identify an instance in which a person will usually be acquitted of any offense, except intentional killing, based on the defense of duress.
If there are no reasonable means of escape from or avoidance of the threat other than for the actor to commit the crime
_____ is a defense based on excuse.
Insanity
Identify a true statement about the defense of consent.
It is classed as a defense that negates an element of the offense
Which of the following statements is true about the defense of duress?
It is likely to be viewed as reducing the range of choice of the accused.
Identify a true statement about voluntary intoxication.
It is never a defense to a general intent crime.
Identify a feature of the Model Penal Code (American Law Institute) test of insanity.
Its prongs are modified by the words "lacks substantial capacity."
A defense that, because of the circumstances, renders criminal conduct lawful and therefore exempts the actor from criminal sanctions.
Justification
The _____ of insanity is also known as the right-wrong test.
M'Naghten test
Under the _____ of insanity, it must be clearly proved that, at the time of the offense, the accused was laboring under such a mental illness as not to know the nature and quality of what he or she was doing or, if he or she did know it, did not know that it was wrong.
M'Naghten test
_____ is the justified use of reasonable force by one who is not an aggressor, when the actor-defendant reasonably believed it was necessary to defend against what the defendant reasonably perceived to be an unlawful and imminent attack upon the defendant's person.
Self-defense
Which of the following is a test adopted by jurisdictions in the United States to determine the sanity of an accused?
The MPC (American Law Institute) test
In the context of extrinsic defenses, a time period beyond which prosecution for certain types of offenses cannot be pursued is known as _____
The Statute of Limitations
Identify the tests adopted by jurisdictions in the United States to determine the sanity of an accused.
The irresistible impulse test, the M'Naghten (right-wrong) test, and the federal test
What are the elements that a defendant must prove in order to be acquitted of a crime because of self-defense?
The necessity of using force, the reasonableness of the belief that force was necessary, and the proportionality of the force to the threat
According to common law, which of the following are the elements that need to be present for a person to be justified in violating a criminal law?
The person must be faced with a clear and imminent danger, and the person must expect that his or her action will be effective in abating the danger sought to be avoided.
What happens when the question of competency of an individual is raised during a trial?
The trial court will decide the issue on the basis of a psychiatric examination.
Identify the conditions required by the Model Penal Code (MPC) in order to maintain nondeadly mechanical devices to protect one's property from trespass or theft.
Use of the device must be reasonable under the circumstances, and the device must be one that is customarily used for the purpose of protection.
Identify a situation in which an aggressor can legitimately argue self-defense.
When the aggressor completely withdraws from any continued conflict with the other person
A defense in which the defendant admits to the existence of all of the necessary legal elements for criminal liability, but offers one or more legally recognized reasons why he or she should nonetheless be acquitted is known as a(n) _____
affirmative defense
A shifting burden of proof between prosecution and defense is generally recognized as the primary means of establishing a(n) _____.
affirmative defense
A true defense is also known as a(n) _____.
affirmative defense
Intoxication most commonly results from the ingestion of _____.
alcohol
The rule that allows a dweller to use deadly force if he or she reasonably believes it necessary to do so to prevent an imminent, unlawful entry of his or her dwelling is referred to as the _____.
castle rule
In the context of self-defense, _______ _______ is defined as force likely or intended to cause death or great bodily harm.
deadly force
Either a failure of proof by the prosecution or a defendant's statement of a reason why the prosecutor has no valid case against him or her is termed _____.
defense
True or false: In the context of the defense of property and habitation, an actor can use deadly force solely to protect property.
false
True or false: Under the Model Penal Code (MPC), the use of devices that kill to protect one's property from trespass or theft is justifiable under all circumstances.
false
The _____ of insanity is the result of a statutory enactment in 1984 when Congress defined insanity.
federal test
The _____ of insanity provides that a person is excused by reason of insanity if he or she proves by clear and convincing evidence that at the time of the offense, as a result of a severe mental disease or defect, he or she was unable to appreciate the nature and quality of his or her act, or the wrongfulness of his or her conduct.
federal test
In the context of a defense based on protection of another person from attack, the act-at-peril rule states that _____
in order to minimize the possibility of error, people should act at their own risk when they attempt to protect a stranger
A defense in which the law recognizes that the accused was suffering from mental disease when the crime occurred, and thus may be relieved of criminal responsibility is known as the defense of _____.
insanity
The claim of intoxication can be closer to a claim of _____, either temporary or long-term, based on the effects of the intoxicant.
insanity
According to the Model Penal Code (MPC), a disturbance of mental or physical capacities resulting from the introduction of any substance into the body is known as _____.
intoxication
Under _____ as an excuse negating moral culpability, the defendant acts without an evil state of mind because of his or her erroneous belief as to either the facts or the law applicable in a particular situation.
mistake
A(n) _____ defense reduces the level of offense for which a defendant may legally be convicted.
mitigating
A defense in which a person, faced with a choice between two courses of action, chooses the lesser of evils, as long as the harm produced is less than the harm that would have occurred without the action is known as the defense of _______
necessity
In the context of deadly force cases of self-defense, the no-retreat rule adopted by some jurisdictions states that _____.
nonaggressors are permitted to use deadly force when faced with deadly force even if they have the opportunity to escape to complete safety
In statutory rape cases, where the defendant is charged with having sexual relations with a minor, the defense of consent is _____.
not a valid defense
In the context of the use of nondeadly force, police officers must _____.
not deprive suspects of important constitutional rights
According to the Model Penal Code (MPC), both _____ intoxication are affirmative defenses if the intoxication caused the actor to suffer from a mental condition comparable to that which constitutes insanity under the MPC.
pathological and involuntary
According to the Model Penal Code (MPC), an individual can use nondeadly force to protect his or her property if three conditions are met. One of these conditions is that the _____.
property owner has possession of the property in question
According to common law, a person is justified in violating a criminal law if six elements are present. One of these elements is that _____.
the harm caused is less than the harm avoided
According to the Model Penal Code (MPC), an officer or private citizen can use deadly force to prevent the commission of a crime if he or she believes that _____.
there is a substantial risk that the suspect will cause death to another person unless prevented from doing so
True or false: In the context of self-defense, a nonaggressor can use deadly force if he or she reasonably believes that such force is necessary to protect against imminent use of unlawful deadly force by an aggressor.
true
A defense that, if proved, results in the acquittal of a defendant, even though the prosecutor has proved the defendant's guilt beyond a reasonable doubt is known as a _____.
true defense
The Model Penal Code (American Law Institute) test of insanity contains the cognitive prong of the _____ and the volitional aspects of the _____.
M'Naghten test; irresistible impulse test
According to the Model Penal Code (MPC), the defense of duress is a(n) _____.
affirmative defense only to threats made by persons
Women who have been abused by their husbands or lovers have sought to assert the defense and to introduce evidence of _____.
battered woman syndrome
In the context of involuntary intoxication, intoxication that is involuntarily induced by duress is known as _____.
coerced intoxication
A defense in which the victim agrees to the actor's conduct is known as _____.
consent
A defense in which the criminal actor has committed an unjustified crime, but there is a reason for not holding him or her personally accountable for it.
excuse
Intoxication as a defense can be used to show that the act was not voluntary. That is, it takes the form of a _____ claim.
failure of proof
Law enforcement officers are allowed to use nondeadly force to _____.
prevent the commission of a crime
In the form of abuse defense called _____, a defendant may argue that because he or she was trying to survive within a turbulent violent city area, he or she should not be held criminally liable for crimes.
urban survival syndrome
A person's self-willed act to introduce substances into the body that the person knows or should know are likely to have intoxicating effects is known as _______ _______.
voluntary intoxication
Under the _____ of insanity, the fact finder merely determines whether the defendant suffered from a mental disease or defect and, if so, whether the criminal conduct would have occurred but for the condition.
Durham test
True or false: If successfully asserted, the defense of insanity leads to freedom of the accused.
False
_____ is an accused person's inability to consult rationally with an attorney or to understand the nature of the proceedings against him or her.
Incompetency
What are the elements of criminal culpability?
Mens rea, actus reus, social harm resulting from the offense
Under the _____ of insanity, a person is not responsible for criminal conduct if he or she lacked substantial capacity to appreciate the criminality or wrongfulness of the conduct or to conform his or her conduct to the requirements of the law.
Model Penal Code (American Law Institute) test
_____ is considered a defense based on justification.
Necessity
True or false: In limited circumstances, people can avail themselves of a mistake of law defense and avoid criminal responsibility.
True
Which of the following is a situation in which an aggressor can legitimately argue self-defense?
When the nondeadly aggressor is met with deadly force
According to the Model Penal Code (MPC), the defense of duress can be asserted if _____.
a person of reasonable firmness in his or her situation would have been unable to resist the threat
In the context of a defense based on protection of another person from attack, a reasonable appearance rule, adopted by most states under the influence of the Model Penal Code (MPC), states that _____.
an actor can claim the defense as long as he or she uses force based on what reasonably appears necessary
A person will usually be acquitted of any offense, except intentional killing, based on the defense of duress, if _____.
another person threatens to seriously injure or kill the actor or a third person unless the actor commits the crime
A law enforcement officer or a citizen assisting someone believed to be a police officer may use deadly force to make an arrest or prevent an escape when the _____.
arrest is for a felony
According to the Model Penal Code (MPC), a condition that must be met for the defense of another to be asserted in situations involving third-party protection is that actors must _____.
believe that their actions are necessary for the protection of the third person
Under the common law, a prosecutor could introduce evidence that although the defendant was young, he or she was mature enough to recognize the difference between right and wrong and the consequences of his or her voluntary actions for persons _____.
between the ages of 7 and 14
The division of a criminal trial into two parts, the first part leading to a verdict of guilty or not guilty and the second relating to another issue, such as the sanity of the accused, is known as the _______ _______.
bifurcated trial
The _____ holds that the jury need not be absolutely certain of the defendant's guilt; absent a successful legal defense, reasonable certainty is sufficient to convict.
burden of proof
The onus of producing evidence and also of persuading the jury with the required level of proof, which in a criminal case is beyond a reasonable doubt, is termed _____.
burden of proof
The defense of necessity is also known as the _____.
choice of evils
A _____ defense, if successfully established by the defense and not disproved by the prosecution, results in an acquittal of any wrongdoing.
complete
In some circumstances when the victim agrees to the actor's conduct, the defense of _____ can be raised when it negates an element of the offense or prevents the harm addressed by the law defining the offense.
consent
The Model Penal Code (MPC) provides that _____ is a defense if it negatives an element of an offense or precludes the infliction of the harm or evil sought to be prevented by the law defining such an offense.
consent
According to the Model Penal Code (MPC), the defense of consent is not effective if the _____.
consent is given by someone whose improvident consent is sought to be prevented by the law defining the offense
The _____ defense used as a true partial responsibility defense is recognized in the Model Penal Code (MPC) and in only a few states, and it is limited to use as a basis for mitigating the offense from murder to manslaughter.
diminished capacity
A type of extrinsic defense that shields certain government agents or foreign officials or dignitaries from prosecution for crimes is known as _____.
diplomatic immunity
The defense of _____ is a form of choice of evils and is similar to the defense of necessity.
duress
The defense of necessity is related to the defense of _____.
duress
Isabella, a police officer, induces a cab driver into buying her an amount of crack cocaine. In this scenario, the cab driver can use the defense of _____ as the defendant to escape criminal culpability.
entrapment
The general idea of the defense of _____ is that the defendant is tricked or otherwise induced by law enforcement agents to commit an illegal act that he or she would not otherwise have committed.
entrapment
A defense in which either the defense counsel makes a motion for judgment of acquittal or the defendant introduces evidence that shows that the prosecution's case is lacking is termed _____.
failure of proof
In the context of involuntary intoxication, _____ occurs when the actor is misguided about the character of the substance taken, as when another person tricks him or her into taking the substance.
intoxication by innocent mistake
_______ _______ occurs when the actor does not consume drugs or alcohol knowingly or when the actor is not to blame for becoming intoxicated because, for example, he or she has an unanticipated reaction to drugs or alcohol.
involuntary intoxication
Identify the types of intoxication as classified by the Model Penal Code (MPC).
involuntary, self-induced, and pathological
Unlike the defense of necessity, duress _____.
involves coercive threats from human beings rather than from physical or natural circumstances
The test for insanity that permits a verdict of not guilty by reason of insanity if the fact finder concludes that the accused had a mental disease that kept him or her from controlling his or her conduct is known as the _____.
irresistible impulse test
Under the _____ of insanity, a defendant is insane if, at the time of the offense, he or she acted as a result of an uncontrollable instinct, lost the power to choose between right and wrong and to avoid doing the act in question, or did not have the will necessary to control his or her actions.
irresistible impulse test
In the context of the defense of property and habitation, an actor is not justified in the use of deadly force unless the threat is against his or her _____.
residence
