Question 1

The alter ego rule applies an objective test of reasonableness to an act carried out in defense of another person.

Accepted Answer

A) True 
 B)False  False

Question 2

Describe the verdict of "guilty but mentally ill" and discuss the implications of a finding that a defendant is "guilty but mentally ill."

Accepted Answer

In states that have adopted a finding of "guilty but mentally ill," a jury may find that while the defendant was not legally insane at the time of the crime, the defendant was mentally ill. With such a finding, the defendant is sentenced to a standard sentence of criminal confinement but receives treatment while incarcerated. "Guilty but mentally ill" is an alternative to a finding of legal insanity.

Question 3

Under Florida's Castle Doctrine, a person who is not engaged in an unlawful activity and who is in a place where he or she has a right to be has no duty to retreat and may use deadly force if necessary to prevent death or great bodily harm.

Accepted Answer

A) True 
 B)False  True

Question 4

A defense claim that the defendant's conduct was the result of an irresistible impulse that resulted from the defendant's socially deprived childhood is consistent with which of the following defenses?

Accepted Answer

A)  environmental defense 
B)  urban survivor 
C)  XYY chromosome 
D)  rotten social background 
A)  environmental defense 
B)  urban survivor 
C)  XYY chromosome 
D)  rotten social background

Question 5

A successful diminished capacity defense results in a complete acquittal of the charged offense and any lesser included offenses.

Accepted Answer

A) True 
 B)False

Question 6

Discuss the three instances where consent is a defense to a crime. Provide an example of an instance where consent would not be a defense to a crime.

Accepted Answer

(1) Incidental contact--acts that do not

Question 7

Under normal circumstances, an aggressor is entitled to claim self-defense.

Accepted Answer

A) True 
 B)False

Question 8

Under which of the following circumstances is consent not a defense?

Accepted Answer

A)  when the victim forgives the perpetrator after a crime 
B)  bumping into someone while dancing at a nightclub 
C)  surgical procedure authorized by the patient 
D)  ordinary physical contact during a football game 
A)  when the victim forgives the perpetrator after a crime 
B)  bumping into someone while dancing at a nightclub 
C)  surgical procedure authorized by the patient 
D)  ordinary physical contact during a football game

Question 9

List and distinguish the three categories into which juveniles are categorized under the common law.

Accepted Answer

(1) Children younger than 7 lack a crimi

Question 10

The validity of a self-defense claim is based on the subjective beliefs of the person employing self-defense.

Accepted Answer

A) True 
 B)False

Question 11

If a defendant is found incompetent to stand trial, this means that the defendant is also not guilty by reason of insanity.

Accepted Answer

A) True 
 B)False

Question 12

Defenses to acts that deserve condemnation but the defendant is not held criminally responsible due to a personal disability such as infancy or insanity are called ______.

Accepted Answer

A)  excuses 
B)  defenses 
C)  justifications 
D)  necessities 
A)  excuses 
B)  defenses 
C)  justifications 
D)  necessities

Question 13

List and describe the five new sociological defenses.

Accepted Answer

The five sociological defenses are (1) B

Question 14

Under the English rule for resistance to an unlawful arrest, an individual may resist an unlawful arrest by using reasonable force.

Accepted Answer

A) True 
 B)False

Question 15

If a police officer uses unnecessary and unlawful force against an individual while executing an arrest, the individual may not use self-defense and is expected to seek civil or criminal remedies instead.

Accepted Answer

A) True 
 B)False

Question 16

Oliver was tried for murder and presented an insanity defense. The jury found Oliver not guilty by reason of insanity on the grounds that he possessed a mental disease that prevented him from curbing his conduct. Which of the following tests for insanity did the jury apply?

Accepted Answer

A)  Model Penal Code standard 
B)  irresistible impulse 
C)  M'Naghten 
D)  Durham product 
A)  Model Penal Code standard 
B)  irresistible impulse 
C)  M'Naghten 
D)  Durham product

Question 17

Requiring the state to prove every element of a crime beyond a reasonable doubt is consistent with the presumption of innocence.

Accepted Answer

A) True 
 B)False

Question 18

Distinguish the affirmative defenses of "justifications" and "excuses."

Accepted Answer

Justifications are defenses to otherwise

Question 19

Jan was tried for murder and presented an insanity defense. The jury found Jan not guilty by reason of insanity on the grounds that her unlawful act was the product of mental disease or defect. Which of the following tests for insanity did the jury apply?

Accepted Answer

A)  Model Penal Code standard 
B)  irresistible impulse 
C)  M'Naghten 
D)  Durham product 
A)  Model Penal Code standard 
B)  irresistible impulse 
C)  M'Naghten 
D)  Durham product

Question 20

By the 17th century, the common law recognized that a juvenile's capacity to commit a crime was based on the juvenile's actual age.

Accepted Answer

A) True 
 B)False

The alter ego rule applies an objective test of reasonableness to an act carried out in defense of another person.

Describe the verdict of "guilty but mentally ill" and discuss the implications of a finding that a defendant is "guilty but mentally ill."

Under Florida's Castle Doctrine, a person who is not engaged in an unlawful activity and who is in a place where he or she has a right to be has no duty to retreat and may use deadly force if necessary to prevent death or great bodily harm.

A defense claim that the defendant's conduct was the result of an irresistible impulse that resulted from the defendant's socially deprived childhood is consistent with which of the following defenses?

A successful diminished capacity defense results in a complete acquittal of the charged offense and any lesser included offenses.

Discuss the three instances where consent is a defense to a crime. Provide an example of an instance where consent would not be a defense to a crime.

Under normal circumstances, an aggressor is entitled to claim self-defense.

Under which of the following circumstances is consent not a defense?

List and distinguish the three categories into which juveniles are categorized under the common law.

The validity of a self-defense claim is based on the subjective beliefs of the person employing self-defense.

If a defendant is found incompetent to stand trial, this means that the defendant is also not guilty by reason of insanity.

Defenses to acts that deserve condemnation but the defendant is not held criminally responsible due to a personal disability such as infancy or insanity are called ______.

List and describe the five new sociological defenses.

Under the English rule for resistance to an unlawful arrest, an individual may resist an unlawful arrest by using reasonable force.

If a police officer uses unnecessary and unlawful force against an individual while executing an arrest, the individual may not use self-defense and is expected to seek civil or criminal remedies instead.

Oliver was tried for murder and presented an insanity defense. The jury found Oliver not guilty by reason of insanity on the grounds that he possessed a mental disease that prevented him from curbing his conduct. Which of the following tests for insanity did the jury apply?

Requiring the state to prove every element of a crime beyond a reasonable doubt is consistent with the presumption of innocence.

Distinguish the affirmative defenses of "justifications" and "excuses."

Jan was tried for murder and presented an insanity defense. The jury found Jan not guilty by reason of insanity on the grounds that her unlawful act was the product of mental disease or defect. Which of the following tests for insanity did the jury apply?

By the 17th century, the common law recognized that a juvenile's capacity to commit a crime was based on the juvenile's actual age.

The Nature, Purpose, and Function of Criminal Law

Constitutional Limitations

Elements of Crimes

Parties to Crime

Attempt, Solicitation, and Conspiracy

Homicide

Other Crimes Against the Person

Crimes Against Property

White-Collar and Organized Crime

Crimes Against Public Order and Morality

Crimes Against Social Order and Morality: Alcohol and Drug Offenses

Offenses Against Public Administration and the Administration of Justice

Crimes Against the State

Filters

Exam 6: Criminal Defenses: Justifications and Excuses

The alter ego rule applies an objective test of reasonableness to an act carried out in defense of another person.

Describe the verdict of "guilty but mentally ill" and discuss the implications of a finding that a defendant is "guilty but mentally ill."

Under Florida's Castle Doctrine, a person who is not engaged in an unlawful activity and who is in a place where he or she has a right to be has no duty to retreat and may use deadly force if necessary to prevent death or great bodily harm.

A defense claim that the defendant's conduct was the result of an irresistible impulse that resulted from the defendant's socially deprived childhood is consistent with which of the following defenses?

A successful diminished capacity defense results in a complete acquittal of the charged offense and any lesser included offenses.

Discuss the three instances where consent is a defense to a crime. Provide an example of an instance where consent would not be a defense to a crime.

Under normal circumstances, an aggressor is entitled to claim self-defense.

Under which of the following circumstances is consent not a defense?

List and distinguish the three categories into which juveniles are categorized under the common law.

The validity of a self-defense claim is based on the subjective beliefs of the person employing self-defense.

If a defendant is found incompetent to stand trial, this means that the defendant is also not guilty by reason of insanity.

Defenses to acts that deserve condemnation but the defendant is not held criminally responsible due to a personal disability such as infancy or insanity are called ______.

List and describe the five new sociological defenses.

Under the English rule for resistance to an unlawful arrest, an individual may resist an unlawful arrest by using reasonable force.

If a police officer uses unnecessary and unlawful force against an individual while executing an arrest, the individual may not use self-defense and is expected to seek civil or criminal remedies instead.

Oliver was tried for murder and presented an insanity defense. The jury found Oliver not guilty by reason of insanity on the grounds that he possessed a mental disease that prevented him from curbing his conduct. Which of the following tests for insanity did the jury apply?

Requiring the state to prove every element of a crime beyond a reasonable doubt is consistent with the presumption of innocence.

Distinguish the affirmative defenses of "justifications" and "excuses."

Jan was tried for murder and presented an insanity defense. The jury found Jan not guilty by reason of insanity on the grounds that her unlawful act was the product of mental disease or defect. Which of the following tests for insanity did the jury apply?

By the 17th century, the common law recognized that a juvenile's capacity to commit a crime was based on the juvenile's actual age.

The Nature, Purpose, and Function of Criminal Law

Constitutional Limitations

Elements of Crimes

Parties to Crime

Attempt, Solicitation, and Conspiracy

Homicide

Other Crimes Against the Person

Crimes Against Property

White-Collar and Organized Crime

Crimes Against Public Order and Morality

Crimes Against Social Order and Morality: Alcohol and Drug Offenses

Offenses Against Public Administration and the Administration of Justice

Crimes Against the State

Filters