SPEA-J301 Quiz 2

Which statement about the "castle" doctrine is true?

Under the "castle" doctrine, a homeowner's right to use lethal force in his home or property varies by state and circumstances of the incident.

Which of the following is TRUE if the defendant does not understand the charges and proceedings against him?

He cannot be deemed competent to stand trial.

On what grounds was a diplomat successfully prosecuted for murders committed in the United States?

His home country agreed to a request to waive his diplomatic immunity.

Which of the following is NOT true of the accomplice to a crime?

His punishment is the same as that for a party who aids the principal after the crime.

Which of the following is TRUE of an overt act to prove a conspiracy?

It can be virtually any act.

Which of the following is true of using the impossibility of committing a crime as a defense for conspiracy?

It can never be used.

Although many states have used Florida's 2005 "stand your ground" law as a model, why do critics believe the law should be repealed?

It grants people on their own ground more rights to use deadly force than police officers have.

Why have federal courts ruled that the Fourth Amendment places limits on the force police officers may use during an arrest?

It guarantees the right to freedom from unreasonable seizures.

Which of the following is true of the "substantial capacity" test?

It has been adopted by about half of the states.

Which of the following is TRUE of competency to stand trial?

It has been codified in state and federal statutes.

Which of the following is TRUE of using compulsive gambling as a defense against criminal charges?

It has never been reported that it was done successfully.

Which of the following is TRUE of a common design?

It is a spoken or unspoken conspiracy to commit an unlawful act.

Which of the following is NOT true of the crime of solicitation?

It is committed only when one person gets another person to commit a crime.

Which of the following is TRUE of aiding and abetting?

It requires both an act and a mental state.

Which of the following is TRUE when one of the conspirators to a crime abandons the conspiracy before the crime is committed?

The crime of conspiracy is nonetheless complete, and all parties are still guilty of conspiracy.

Why did the Supreme Court make an exception to the principle that "ignorance of the law does not excuse" in the case of a woman who failed to comply with a Los Angeles law requiring ex-convicts who moved to the city to register?

The defendant had not been given due notice of the law.

The officers accused of beating Rodney King were tried under both federal and state law. Why did this not violate the Double Jeopardy Clause?

Under the "dual sovereignty" doctrine, different governments may each file separate criminal actions for the same criminal act.

Which of the following is NOT one of the terms used to describe one who is knowingly involved in or connected with the commission of a crime either before or during its commission?

an accessory after the fact

The most frequently charged of the preliminary crimes is _______.

attempt

In the case of adults, in most states a defense of insanity requires the defendant to prove insanity by which of the following measures?

by a preponderance of the evidence

Which of the following make up the two prongs of the M'Naghten rule?

cognitive incapacity and moral incapacity

Which of the following BEST defines delinquency?

conduct by a child that, if committed by an adult, would be a criminal violation

Most states have specific _______ requirements in their general solicitation statutes.

corroboration

A defendant who claims to have been entrapped must prove that the government acted improperly and that the

defendant had no prior intention of committing the crime.

The rule about separate offenses prevents ______ punishment for the same crime.

double

The requirement that a person should exhaust all opportunities to escape before using deadly force is known as the ________.

duty to retreat

What must the state do if it becomes unlikely that a defendant's competency to stand trial will be restored within a year?

either discharge the defendant or begin civil commitment procedures

When U.S. courts look at the capacity presumption, they usually hold that the younger the child, the stronger must be the _______.

evidence of mental capacity

The incidence of people who are found not guilty because of insanity and who then go on to commit other violent crimes after release from mental hospitals has caused several states to adopt the plea and verdict of _______.

guilty but mentally ill

How can a person be liable for the conduct of another?

if he or she is an aider and abettor to a person who committed a crime

The purpose of conspiracy statutes is to prevent and punish criminal _______.

partnerships

Under common law, those who may use reasonable force to discipline a child include parents, legal guardians, foster parents and, in some states,

public school teachers.

The three criteria used to determine whether the use of force is justified are lawfulness, necessity, and ________.

reasonableness

The test established in Blockburger v. United States is called the _____ test.

same element

States often have which two types of solicitation statutes?

specific and general

The majority of states use which of the following tests to determine how the act requirement in attempt crimes is defined?

substantial step test

Which of the following came directly out of the M'Naghten case?

the "right and wrong" test

What is the legal basis of the defense of double jeopardy?

the Fifth Amendment

Which amendment(s) to the U.S. Constitution give citizens protection from unlawful arrest?

the Fourth Amendment and the Due Processes Clauses of the Fifth and Fourteenth Amendments

What is the source of a U.S. citizen's right to a speedy trial?

the Sixth Amendment

The "origin of intent" test commonly used to determine entrapment is based on ________.

the common law as interpreted by state courts

The crime of conspiracy is _______ of the preliminary crimes.

the oldest

In which situation may an officer NOT use force to make an arrest?

the person being arrested cooperates

Which of the four Barker v. Wingo factors is the reason the Speedy Trial Act requires that a person indicted for a felony be tried within 70 days?

the prejudice resulting from the delay

What is the primary goal of juvenile courts?

the rehabilitation of delinquent youths

What determines whether testimony given by a witness under an immunity agreement may later be used against the witness?

the scope of the immunity agreement

One reason the Constitution limits the number of times a person may be tried for the same offense is to prevent government harassment. What is a second reason identified by the Supreme Court?

to reduce the possibility that an innocent individual may be found guilty

In which type of trial would determining criminal responsibility involve the accused taking a pound of weight of red-hot iron into his or her hands or plunging his or her hand, up to the wrist, into boiling water?

trial by ordeal

What is the basis of the tests used to judge whether an officer used excessive force in making an arrest?

two Supreme Court cases, Tennessee v. Garner and Graham v. Connor

Under which of the following rules can all involved be punished when a number of people have a coordinated scheme to do an unlawful act?

under the common design rule

When setting up a sting operation, what may officers legally do?

use decoys to gather evidence against criminals

When does a defense of diminished capacity apply?

when a defendant does not possess the requisite mens rea

When is the right to a speedy trial activated?

when a person is officially accused of a crime

When is the use of a Taser considered unreasonable force in making an arrest?

when a significant level of force is not required to ensure compliance

When, in most states, has a person committed criminal conspiracy?

when he or she agrees with another person to engage in conduct that constitutes the offense

When is evidence of intoxication or drug abuse permitted as evidence to be used in an insanity defense?

when it is shown the intoxication or drug abuse triggered a preexisting mental illness

Which of the following results of a trial is NOT considered an acquittal?

a hung jury

What is one difference between the requirements for justified use of less-lethal force and deadly force?

Deadly force must be necessary to prevent imminent death or great bodily harm to the person using it or others.

Which of the following is almost always true when a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime?

A law has not yet been violated.

Which type of law allows the occupant of a dwelling to use any amount of deadly force in self-defense?

"make my day" rule

Which of the following BEST describes the Pinkerton rule?

A co-conspirator can be held liable for crimes committed by another conspirator, even if the co-conspirator did not know about the other crime and did not agree to commit the other crime.

Which of the following actions would result in a defense to a conspiracy charge that is recognized and provided by the Model Penal Code?

A conspirator thwarts the success of the conspiracy with voluntary renunciation of the criminal purpose.

In which case is an honest mistake or ignorance of fact a valid defense?

A defendant remarried because she believed her divorce was legal even though her spouse failed to meet residency requirements of the state in which he filed for divorce.

How is diplomatic immunity considered an effective defense?

A diplomatic agent who commits a crime in the receiving state is generally exempt from prosecution.

Why has the irresistible impulse rule NOT been widely adopted?

Because courts and legislators have said it does not clearly define "impulse" and irresistibility."

Why, under common law, was a child under the age of 7 never criminally responsible for a crime he or she may have committed?

Because he or she did not have the mental capacity to formulate the intent to commit a crime.

Why is the standard of proof in most states on defendants to prove incompetency that of the "preponderance of the evidence"?

Because most states place the burden on the party challenging the presumption of competency.

Why are preliminary crimes not always present when an underlying crime occurs?

Because not all crimes are planned in advance.

Under a certain form of the volitional incapacity approach, how would a defendant's argument be made when there is evidence or an acknowledgement that he or she knew what they were doing was wrong?

Mental illness prevented them from controlling their conduct.

What is the current law in the United States governing the right to resist unlawful arrest?

Most states require citizens to submit to arrest by an identifiable police officer.

A defendant claimed he was forced to give robbers access to a company storage facility because they said his children would never be safe unless he cooperated. Is his claim to have been forced to commit an illegal act valid?

No; the danger to his children was not present and immediate.

After a mistrial, the defendant argued he could not be tried again on the same charge because he had been acquitted. Is he correct?

No; the jury did not determine his guilt or innocence.

Two teenagers were wrestling with each other near a park shelter when a woman drove by and ordered them to stop. When they continued, she drove her car at them, pinning the larger boy against the shelter wall. She claimed she was defending the smaller boy against the larger boy. Is her use of force justified?

No; the two boys were not doing anything unlawful.

A resident of Illinois was charged with violating federal law by traveling across state lines to sleep with an underage girl. He was captured and convicted by the state of Ohio. Can he be tried for the same crime again by the state of Illinois?

No; under Illinois law a person prosecuted in another state cannot be tried for the same crime in Illinois.

What legal penalties might be faced by an officer convicted of using excessive force?

Officers who use excessive force may face criminal charges and can be sued for civil damages.

In the absence of a "stand your ground" law, to what extent are owners and police officers permitted to use force to protect property?

Only non-deadly force may be used to protect property,

What is the key difference between the "cognitive" approach and the "volitional" approach?

The "cognitive" approach looks at whether one knows what actions he is taking, whereas the "volitional" approach looks at one's "irresistible impulses."

Which of the following is TRUE of the "not guilty by reason of insanity" and "guilty but mentally ill" pleas and verdicts?

The "guilty but mentally ill" plea and verdict is a result of many failings of the "not guilty by reason of insanity" plea and verdict.

Which of the following is a key difference between the M'Naghten rule and the "substantial capacity" test?

The M'Naghten rule has much stricter standards than the "substantial capacity" test.

What determines whether an arrest is made "in good faith"?

The arresting officer must have probable cause to authorize the arrest.

Why can legislators be prosecuted for corruption despite the "speech and debate" clause of the Constitution?

The clause covers only legislative acts.

What condition would allow a prisoner who claimed to have been forced to join a prison break to use duress or coercion as a defense against the charge of escape?

The defendant reported to the authorities as soon as it was safe to do so after the escape.

After a driver and passenger were fatally injured during a high-speed pursuit, officers were tried for using excessive force. On what grounds did the Supreme Court exonerate the officers charged in Blumhoff v. Rickard?

The driver posed a grave risk to public safety.

Which statement about the necessity or choice of evils defense is true?

The necessity defense may not be available to defendants in federal court.

How does Tennessee v. Garner show how the Fourth Amendment limits the use of force during an arrest?

The use of deadly force to capture a burglar who tried to escape arrest was ruled excessive force.

If a child keeps disturbing patrons by climbing over the seats while a movie is showing in a theater, what level of force is an usher permitted to use?

The usher may order the child to leave or act to prevent injury.

Which of the following is TRUE of bad thoughts by themselves?

They cannot be charged in ANY crime.

Why does Florida's "stand your ground" law allow a homeowner to use deadly force against an intruder?

Unlike the "castle" doctrine in other states, the "stand your ground" law presumes any intruder presents a deadly threat.

Which of the following is NOT one of the questions that always arises when considering preliminary offenses?

What did the suspect know about the illegality of the act committed?

Which of the following is TRUE?

When a person successfully pleads "guilty but mentally ill," she is more likely to serve a longer and harsher sentence than if she had successfully pleaded "not guilty by reason of insanity."

Why is mistake or ignorance of fact NOT a defense that can be used with crimes of strict liability?

Whether the defendant intended to commit a crime is not relevant.

Jesse was involved in a road rage incident in which he shot the other driver because he mistakenly believed the man was reaching for a weapon. Was his use of deadly force reasonable?

Yes; it was reasonable because he believed the other driver intended to use a weapon to harm him.

Chin fired a weapon intending to scare off a burglar who was trying to break into her home. Did she use deadly force?

Yes; she fired a weapon at a person

A driver violates two statutes: drunken driving causing serious injury and leaving the scene of an accident. Are these two different offenses?

Yes; the same evidence cannot be used to prove both charges.

Anticipatory crimes are commonly referred to as _______.

inchoate crimes

Under Florida's "stand your ground" law, a passenger who shoots and kills someone breaking into the car in which he is riding

is using lawful force.

Prosecutions under solicitation statutes require a showing that the defendant has done more than which of the following?

made a casual suggestion that an illegal act be committed

A defendant must be competent, meaning _______, before the government can force him or her to go to trial on criminal charges.

mentally fit

The U.S. Supreme Court has repeatedly held that it is a violation of due process to try to convict a person who is what?

mentally incompetent

The "castle" doctrine is an exception to the legal principle that a person _________.

must find a way to escape before using deadly force if escape is possible