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