CJ230 Unit 5

The ______ is a legal defense in which defendants claim that the crimes with which they are charged resulted from their own victimization and that they should not be held responsible.

Abuse Excuse

______ defenses are defenses in which the defendant typically possesses the burden of production as well as the burden of persuasion.

Affirmative

Timothy is the defendant in a criminal trial. He has been charged with the murder of his brother, which occurred last Saturday night at 10:05 PM. He insists he just finished his shift at subway at 10:00 PM and could not have possibly been at the scene of the crime in 5 minutes because it was nearly a 20-minute drive from his place of work. This statement is an example of what?

An Alibi

What is the order in which a criminal case proceeds?

Case in chief, cross-examination, rebuttal

The ______ provides that an individual inside the home is justified in holding his or her ground.

Castle Doctrine

______ merely recognizes that an individual has the right to demonstrate that he or she is incapable of forming the intent for the offense committed.

Diminished Capacity

The ______ defense excuses an individual from guilt who commits a crime to avoid a threat of imminent bodily harm.

Duress

The ______ test provided that an accused is "not criminally responsible if his unlawful act was the product of mental disease or defect."

Durham Product

______ provide(s) a defense based on the fact that although a defendant committed a criminal act, he or she is not considered responsible.

Excuses

An individual who is mistaken concerning the necessity for self-defense may not rely on the defense. True or False?

False

Self-defense is an excuse defense. True or False?

False

The Durham product test was formulated by the New Hampshire Supreme Court in State v. Norman in 1869. True or False?

False

The fact that an individual consents to be the victim of a crime constitutes a defense. True or False?

False

The law does not provide a defense to individuals executing public duties. True or False?

False

The requirement that the defendant did not know the nature and quality of the act is simpler to satisfy than the rest of the requirements. True or False?

False

Virtually every jurisdiction provides that there is a duty or requirement to retreat before resorting to non-deadly force. True or False?

False

______ is a defense to any and all criminal offenses in those instances that a defendant's state of mind satisfies the standard for the insanity defense in the state.

Involuntary intoxication

The ______ test requires the jury to find a defendant not guilty by reason of insanity in the event that the jurors find that the defendant possessed a mental disease that prevents him from curbing his or her conduct.

Irresistible Impulse

All of the following are elements of the use of deadly force by police EXCEPT

Lack of reasonable belief that the felon has a weapon

Issac is charged with a specific intent crime yet he claims his voluntary use of alcohol prevented him from forming the specific intent required by statute. If he is successful in his argument what is the most likely outcome?

Liability only for a lesser offense requiring general intent

The general trend in the law is to do what with regard to excuses?

Limit the excuse available to criminal defendants

The most common mental disorder or defect that results in legal insanity under the ______ test for insanity is psychosis.

M'Naghten

What type of controversial laws permit the use of any degree of force against intruders who might use any physical force against the occupant no matter how slight?

Make my day laws

Jin is taking an evening stroll through the park when he happens upon an altercation between what seems like a husband and wife. He witnesses the wife repeatedly hitting the husband. He intervenes and restrains the wife by shoving her to the ground and restraining her. She breaks free and continues to beat the husband. Jin pepper sprays the wife. She intends to press criminal charges against Jin because her husband actually initiated the altercation and she has bruises all over her body to prove it. Will Jin be held criminally liable?

No, providing the jurisdiction follows the objective test

Timothy is the defendant in a criminal trial. It is the first day of the trial and the jury has just been chosen. His attorney, fresh out of law school, files a motion for judgment of acquittal. Has this motion been properly filed?

No, the defendant must wait until the close of the prosecution's case or prior to submitting the case to the jury

Shanice has been selling drugs here and there for the past few years. She doesn't make a lot of money, but it's enough to get by. She has befriended Rizzo who claims to have a big job for her. Typically, she only sells marijuana but he claims she can make a lot more selling crack cocaine. She is very hesitant because she knows of the harsh penalties associated with crack, but Rizzo continuously pressures her to come work for him and makes statements like "if she values their friendship, she would start dealing crack for him." Eventually after months of convincing she gives in to Rizzo. It turns out Rizzo is an undercover agent. Under which test will Shanice have the best chances of an acquittal if she faces criminal charges?

Objective

A form of retreat in which an individual retreats with the intent of continuing the hostilities.

Tactical Retreat

The American legal system is based on which of the following?

The Presumption of Innocence?

In order to use the necessity defense, the defendant must not have been substantially at fault in creating the emergency. True or False?

True

Justification defenses provide that acts that are ordinarily criminal are justified or carry no criminal liability under certain circumstances. True or False?

True

M'Naghten is criticized for focusing on the mind and failing to consider emotions. True or False?

True

Necessity is based on the assumption that had the legislature been confronted with the choice, legislators presumably would have safeguarded human life over the crime committed. True or False?

True

The early common law did not recognize infancy as a defense to criminal prosecution. True or False?

True

The insanity defense is one of the most thoroughly studied, yet most debated issues in criminal law. True or False?

True

The irresistible impulse test requires the jury to find a defendant NGRI in the event that the jurors find that the defendant possessed a mental disease that prevented him from curbing his or her criminal conduct. True or False?

True

The recognition of otherwise criminal acts as justifiable constitutes a morally significant statement concerning our social values. True or False?

True

There is a growing trend for state statutes to permit the criminal prosecution of any juvenile as an adult who is charged with a serious offense. True or False?

True

You may intervene to protect another, but you are not required to intervene. True or False?

True

The ______ defense consists of the contention that young people living in poor areas do not receive adequate policing and develop a heightened awareness and fear of threats.

Urban survivor

The contemporary trend is that ______ is not a defense for any criminal act or requisite state of mind.

Voluntary Intoxication

Which is a false statement? a) In order to utilize the defense of duress, an individual must have exhausted all reasonable and available alternatives to violating the law. b) In order to utilize the defense of duress, an individual need not exhaust all reasonable and available alternatives to violating the law. c) Duress may not excuse the intentional taking of the life of another. d) Duress does not excuse the intentional taking of the life of another.

b) In order to utilize the defense of duress, an individual need not exhaust all reasonable and available alternatives to violating the law.

All of the following were identified as instances in which consent to criminal conduct is recognized as a defense EXCEPT ______. a) an individual inadvertently bumps another on a crowded subway b) an individual high on heroin consents to being robbed c) a child is hit by a foul ball at a baseball game d) a child has a broken arm and the doctor treats the injury and sets it properly in a cast

b) an individual high on heroin consents to being robbed

When are the common law presumptions of infancy applicable to proceedings in juvenile court?

never? none of these?

A defense attorney is required to notify the prosecutor that the defendant will rely on this defense and provide the names of the witnesses who will testify. True or False?

True

According to the irresistible impulse test, a defendant may be found legally insane even if he or she is able to tell right from wrong. True or False?

True

______ self-defense provides that while the defendant may not be acquitted, fairness dictates that he or she should be held liable only for the lesser serious crime.

Imperfect

______ force is a force that a reasonable person under the circumstances would be aware would cause or create a substantial risk of death or substantial bodily harm.

Deadly

What must the prosecution establish in a criminal trial in order to obtain a conviction?

Every element of the crime charged beyond a reasonable doubt

______ gives law enforcement the authority to use deadly force on suspects.

Fleeing felon rule

A ______ constitutes a defense in those instances that the defendant's mistake results in a lack of criminal intent.

Mistake of Fact

Evidence that is not relevant for justification or excuse may still be relied on during the sentencing stage as a(n) _____________that may reduce the defendant's punishment.

Mitigating Circumstance

Travis was hanging out with his friends in the park smoking a hand-rolled cigarette. The price of cigarettes had skyrocketed recently and so he began making his own. A nearby police officer sees him and believes he is smoking a joint. The police officer comes over to Travis, and after a brief verbal exchange, decides to arrest Travis. Travis, knowing he is not smoking a joint, believes the arrest is unlawful and resists as the officer tries to handcuff him. Travis then kicks the officer. Can Travis be charged with a crime for his behavior?

Only if he is in a jurisdiction that follows the American rule

The ______ has been invoked by defendants who contend that they suffered from severe pain and distress that drove them to act in a violent fashion.

PMS Defense

Common law rule is sufficiently broad to permit deadly force against all of the following EXCEPT ______.

Petty Thieves

Which of the following is NOT a type of a new sociological defense?

Postpartum Psychosis

The inability to distinguish between reality and fantasy is known as ______.

Psychosis

The principle of necessity dictates that every alternative should be exhausted before an individual resorts to deadly force, and that an individual should be required to:

Retreat to the wall

Which of the following is a reason for the defense of necessity?

Retribution and Duty? Respect and Effectiveness?

With regards to entrapment, the ______ test focuses on the defendant and asks whether the accused possessed the criminal intent or the predisposition to commit the crime or whether the government created the offense.

Subjective

All of the following are explanations for duress EXCEPT ______.

The defendant may only utilize the excuse after threats of death have been made

Diminished capacity is a compromise between either finding an individual not guilty by reason of insanity or fully liable. True or False?

True

What is the difference between the alter ego rule and the objective test for intervention in defense of others?

The objective test allows for the reasonable mistake of fact.

Rory is 16 but has been charged with a crime. His lawyer was hoping he would be tried as a juvenile but, due to the seriousness of the crime, he will be tried as an adult. What is the legal mechanism that allows for this?

Transfer Statutes

What is the purpose of juvenile court?

Treatment and Rehabilitation

An aggressor employing non-deadly force must clearly abandon the struggle and ______ in order to gain the right to self-defense.

Withdraw

All of the following are reasons used to justify a limitation on the use of deadly force to apprehend suspects EXCEPT ______. a) shooting suspects may lead to community alienation and anger b) bystanders may be harmed by stray bullets c) substantial monetary damages may be imposed in civil suits for the wrongful use of deadly force d) police officers will gain attention as heroes

d) police officers will gain attention as heroes