CRJ 122 - Chapter Six Test
A defense can mean any set of identifiable conditions or circumstances that may prevent a conviction for an offense
true
Mechanical devices such as warning alarms or electronic fences may be used if they are reasonable and give adequate warning to an intruder that they exist
true
Necessity is a choice of evils created by natural threats or physical circumstances, whereas duress is a choice of evils created by human threats
true
The sanity of an accused cannot be determined by the ___ in the United States. A: M'Naghten (right-wrong) test B: federal test C: product test D: American Law Institute test
C: product test
Under common law, a person is justified in violating a criminal law if six elements are present. Name four of these.
if they are faced with a clear and imminent danger if the harm caused is less than the harm avoided if the actor expects, as a reasonable person, that their actions will be effective in abating the danger sought to be avoided if the actor did not wrongfully place themself in the situation that requires the choice of evils
Self-defense is universally recognized in American criminal law
true
The current trend in criminal law is to reduce rather than increase the age at which children can be held criminally responsible
true
Use of deadly force by a private citizen is more restricted than for police officers, in part to prevent vigilantism
true
Name three of the five circumstances in which the defense of duress may be successfully used by an actor.
Another person threatens to seriously injure or kill the actor, or a third party, unless the actor commits the crime. The threat is immediate and/or imminent when the actor actually commits the crime. The actor isn't at fault for being exposed to the threat in the first place.
Which of the following statements is true of defenses related to crime prevention and law enforcement? A: a police officer is unauthorized to use force to stop a suspect from harming him or her B: a private citizen is authorized to make arrests under the common law rule C: a private citizen acting on his or her own can use deadly force to prevent an escape D: a police officer is more restricted in his or her use of deadly force than is a private citizen
B: a private citizen is authorized to make arrests under the common law rule
According to the MPC provisions, an officer or private citizen may not use deadly force to prevent the commission of a crime unless he or she believes that there is: A: a possible risk that the suspect will cause death or serious bodily injury to another person unless prevented from doing so and the use of deadly force presents only possible substantial risk to bystanders B: a substantial risk that the suspect will cause death or serious bodily injury to another person unless prevented from doing so and the use of deadly force presents no substantial risk to bystanders C: a substantial risk that the suspect will cause death or serious bodily injury to another person unless prevented from doing so and the use of deadly force presents risk to no more than two bystanders D: a risk that the suspect may cause death or serious bodily injury to another person unless prevented from doing so and the use of deadly force presents minimal substantial risk to bystanders
B: a substantial risk that the suspect will cause death or serious bodily injury to another person unless prevented from doing so and the use of deadly force presents no substantial risk to bystanders
Subject to retreat provisions, the MPC establishes that for the defense of another to be asserted in situations involving third-party protection, ___. A: an actor must prove that he or she had used verbal threats prior to the use of force B: an actor must believe that his or her action was necessary for the protection of the third person C: an actor must retreat before using force to protect the third person D: an actor needs to show that a legitimate relationship existed between him or her and the third person
B: an actor must believe that his or her action was necessary for the protection of the third person
Usually, voluntary intoxication constitutes ___ for mens rea purposes: A: negligence B: recklessness C: gross negligence D: civil recklessness
B: recklessness
A(n) ___ is 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. A: affirmative defense B: true defense C: excuse D: justification
B: true defense
A(n) ___ is defined as a defense in which a criminal actor has committed an unjustified crime, but there is a reason for not holding him or her personally accountable for it. A: defense based on consent B: defense based on protection of others C: defense based on excuse D: defense based on necessity
C: defense based on excuse
The MPC provides that consent is a defense if: A: the victim is legally incompetent to authorize consent B: consent is given by someone whose improvident consent is sought to be prevented by the law defining the offense C: such consent negates an element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining such an offense D: consent is given by a person who is unable to make a reasonable judgement
C: such consent negates an element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining such an offense
In which of the following cases can a defendant use the abuse defense? A: the defendant hired another individual to kill the claimed abuser B: the defendant used deadly force to protect his or her property from an attack C: the defendant tried to survive within a turbulent violent urban area D: the defendant protected another person from being attacked by a mob
C: the defendant tried to survive within a turbulent violent urban area
When a 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, it is called: A: affirmative defense B: true defense C: an excuse D: a justification
A: affirmative defense
An excuse defense is one in which: A: an actor's conduct is criminal but the actor is not held morally or legally culpable B: an actor is not able to offer a valid excuse for his or her behavior but is still not morally or legally culpable C: an act is such that the actor's role in the conduct is rendered lawful D: the focus is on an act and not on the actor
A: an actor's conduct is criminal but the actor is not held morally or legally culpable
One circumstance in which a defendant claiming the intoxication defense, even when he or she voluntarily became intoxicated, can be acquitted is if: A: he or she did not have the specific state of mind that is required to be criminally culpable for the crime B: intoxication caused temporary memory loss that made the defendant insane during the criminal act C: he or she is physically addicted to drugs or alcohol D: he or she did not have a correct understanding of his or her alcohol tolerance level
A: he or she did not have the specific state of mind that is required to be criminally culpable for the crime
The defense of ___ is defined as a defense in which a person, faced with a choice between two courses of action, chooses the lesser of two evils, as long as the harm produced is less than the harm that would have occurred without the action A: necessity B: incompetence C: mistake D: abandonment
A: necessity
The MPC provides that an individual can use nondeadly force to protect his or her property if: A: the force is immediately necessary to protect the property B: the property owner is in possession of the property in question or is acting on behalf of someone who is in possession of the property C: another person's interference with the property is unlawful D: none of the answers is correct
A: the force is immediately necessary to protect the property B: the property owner is in possession of the property in question or is acting on behalf of someone who is in possession of the property C: another person's interference with the property is unlawful
__ is NOT a specialized extrinsic defense A: the statute of limitations B: a defendant's incompetence to stand trial C: diplomatic immunity D: abandonment
D: abandonment
A defendant must prove the ___ in order to be acquitted of a crime because of self-defense. A: necessity of using force (including the use of deadly force only to prevent imminent and unlawful use of deadly force by the aggressor) B: reasonableness of the belief that force was necessary C: proportionality of the force to the threat D: all of the answers are correct
D: all of the answers are correct
The MPC requires that a device ___ in order for a person to maintain nondeadly mechanical devices. A: be designed to cause or create a substantial risk of death or serious injury B: carry automatic ammunition and have a shroud C: be unreasonable under the existing circumstances D: be customarily used for the purpose of protection
D: be customarily used for the purpose of protection
A problem with recognizing the right to prevent harm to another as a defense is: A: determining the category of assailants who can be stopped and identifying situations in which the persons defended are strong enough to defend themselves B: determining the category of crimes that should be prevented and identifying the situations in which the assailants should be treated with lethal force C: determining the ways in which the police could better handle a situation and identifying situations in which the assailant's rights could be violated D: determining the category of persons who can be assisted and identifying situations in which the person defended did not have a legal right to act in self-defense
D: determining the category of persons who can be assisted and identifying situations in which the person defended did not have a legal right to act in self-defense
Once a defendant has been charged with a criminal offense, the prosecutor has the burden of producing evidence and proving beyond a reasonable doubt the existence of ___ of criminal culpability. A: two elements B: three elements C: four elements D: five elements
D: five elements
___ is NOT recognized as involuntary intoxication. A: coerced intoxication B: intoxication by innocent mistake C: pathological intoxication D: intoxication by addiction
D: intoxication by addiction
Identify a true statement about the diminished capacity test. A: an accused person can use this defense as a complete, affirmative defense in support of an insanity defense B: a prosecutor can use this defense to prove the mens rea element of a crime when there is a lack of adequate proof for conviction C: it allows a defendant to use a mental condition to negate specific intent in order to escape criminal punishment completely D: it is used as a true partial responsibility defense in some states and is limited to use as a basis for mitigating an offense from murder to manslaughter
D: it is used as a true partial responsibility defense in some states and is limited to use as a basis for mitigating an offense from murder to manslaughter
A(n) ___ is defined as a defense that, because of the circumstances, renders criminal conduct lawful and therefore exempts the actor from criminal sanctions. A: abandonment B: mitigating defense C: excuse D: justification
D: justification
The MPC's version of the necessity defense applies only to situations where an actor: A: kills one person to save another B: makes a choice between equal evils C: acts to save himself at the expense of another D: kills a person to save several others
D: kills a person to save several others
Name four of the major legal excuses.
Infancy Duress Diminished Capacity Entrapment
Name and define the two most important categories of true defenses.
Justification - a defense that renders a normally unlawful act lawful, due to the situation and it's circumstances, and thus exempts the defendant from criminal punishment. Excuse - a defense that maintains the unlawfulness of the act/crime, but offers a reason for not holding the defendant liable for committing that act.
Name the four situations in which law enforcement officers are authorized to use nondeadly force.
Stopping and arresting someone who is committing a crime or already has committed a crime. Preventing someone from escaping custody when they are the subject of an arrest or have already been arrested. Preventing a crime from being committed. Suppressing riots and disorders.
A defendant who has an honest but unreasonable belief that he or she was required to use force or that a certain level of force was necessary for self-protection can successfully use a self-defense claim
false
Intoxication results only from the ingestion of alcohol
false
Most states, under the influence of the MPC, have adopted an act-at-peril rule in which an actor can make the defense of others claim as long as he or she uses force based on what reasonably appears necessary
false
Necessity as a defense can be successful in producing an acquittal as long as the harm produced is equal to the harm that would have occurred without the action
false
Regarding the defense of habitation, nearly all jurisdictions allow the use of deadly force only when an actor believes that an intruder intends to injure the actor or another occupant and deadly force is necessary to repel the intrusion
false
