Deck 14: Defenses

Question 1

Once a defendant has presented an affirmative defense,the state must disprove guilt by a preponderance of the evidence.

Answer 1

False

Question 2

Danny has been stealing from his job for some time,taking a small amount of currency out of the cash register.One day,his boss confronts him with a videotape showing Danny removing the money from the register.His boss tells him that the only way that Danny can "make it right" is to steal the bank deposit after the restaurant closes and give it to the bank manager.Danny commits the crime and is caught before he can give the money to his boss.What is Danny's best defense?

A)Entrapment
B)Blackmail
C)Compulsion
D)Coercion

Answer 2

D

Question 3

Friedl has recently arrived in the United States from another country.In that country,everyone is permitted to carry firearms without a license.Friedl goes to the airport to pick up his parents and he carries his handgun with him.As soon as he enters the airport baggage claim area,he is stopped by police and arrested for carrying a concealed weapon and endangering an airport facility,a newly created anti-terrorist statute.What is Friedl's best defense?

A)Mistake
B)Duress
C)Entrapment
D)Friedl has no legally recognized defense

Answer 3

D

Question 4

Sid is a severe claustrophobic and one day,while he is going to visit his mother,the elevator in which he is traveling suddenly stops between floors and nothing Sid can do will make it start going again.Sid smashes out the ceiling in his vain attempt to get out of the elevator.When he is finally rescued,the authorities charge him with criminal damage to property.What is Sid's best defense?

A)Duress
B)Necessity
C)Insanity
D)Compulsion

Question 5

When a defendant is found not guilty by reason of insanity,he or she is released.

Question 6

Laura is walking through a darkened parking lot looking for her car when a man steps from the shadows and points a gun at her.Laura pulls out the gun she carries in her purse and shoots him.Police later discover that the man's gun was a water pistol.Laura is charged with aggravated assault.Her best defense would be

A)mistake.
B)self-defense.
C)necessity.
D)entrapment.

Question 7

An affirmative defense must be proven beyond a reasonable doubt.

Question 8

A defendant can raise inconsistent defenses.

Question 9

Jimmy is six years old and gets into an argument with another student in his kindergarten class.The next day,Jimmy brings his father's gun with him and when he sees the other student,he shoots her.What is Jimmy's best defense?

A)Age
B)Insanity
C)Compulsion
D)Necessity

Question 10

Jack is known for being a bully and hurting people.Chet is seated in a bar when Jack walks in and demands that Chet "step outside with him." Once they are outside,Chet pulls a gun and shoots Jack before Jack punches him.Jack dies and Chet is charged with second-degree murder.Chet claims self-defense at his trial.What is the likely result?

A)Since Chet was protecting himself,he should win.
B)Since Jack had a violent history,Chet was justified in his actions and should win.
C)
C)Chet should lose because he responded with excessive force.
D)a and b,but not

Question 11

The presumption of innocence only protects the defendant until he or she is indicted.

Question 12

One day,a man with a gun attacks Carl.Carl stabs the man and the man dies.Carl is charged with murder.His best defense would be

A)insanity.
B)alibi.
C)self-defense.
D)duress.

Question 13

An affirmative defense requires the presentation of evidence.

Question 14

Susan sees a man with a gasoline can,splashing gas all over her new car.She rushes out to confront the man and just as he lights a match,she shoots him.He is severely injured,but does not die.She is charged with aggravated assault.Is self-defense an option for her?

A)No,because deadly force cannot be used to defend property.
B)Yes,because she did not actually kill the man,she only injured him.
C)No,because she left her home to confront the man.
D)Yes,because she was protecting her property.

Question 15

When the defense of insanity is raised,the jury's possible verdict (in most states)is

A)guilty.
B)not guilty.
C)not guilty by reason of insanity.
D)all of the above.

Question 16

In some states,there is a third option in insanity cases,"guilty,but mentally ill."

Question 17

The definition of legal insanity is that the defendant suffered from severe mental illness.

Question 18

John,realizing that he is slowly dying of a painful cancer,asks Carl to kill him.Carl is hesitant,but John executes a document that states in one part,"I hereby consent to the ending of my life by Carl who is acting under my express desires.I hereby direct that Carl should suffer no legal detriment by his actions." When John's body is discovered,Carl is charged with murder.Carl produces the document.What will result?

A)The case against Carl should be dismissed because John consented to Carl's mercy killing.
B)The case against Carl is legally sufficient because John could not consent to his own murder.
C)The case against Carl should be dismissed because it lacks the required element of malice.
D)The case against Carl is legally sufficient because John was obviously legally incompetent.

Question 19

Before defendants can raise many affirmative defenses,such as insanity,they must notify the government of their intention.