Deck 4: Defenses

Question 1

According to the objective approach to entrapment, entrapment occurs when law enforcement activity:

A)suggests the opportunity to commit a crime.
B)provides an innocent person with the opportunity to commit a crime.
C)involves the use of government spies.
D)is beyond judicial tolerance.

Answer 1

D

Question 2

A case-in-chief defense:

A)arises from inconsistencies in the prosecution's case.
B)can only be raised after the prosecution rests its case.
C)challenges the prosecution's version of the case.
D)introduces an independent legal claim into the case.

Answer 2

C

Question 3

The threat required for duress is the threat of:

A)future or immediate property damage.
B)future or immediate physical harm.
C)immediate bodily harm.
D)immediate property damage.

Answer 3

C

Question 4

Which of the following is generally true regarding the intoxication defense?

A)Voluntary intoxication is never a defense.
B)Voluntary intoxication is rarely a valid defense.
C)Whether voluntary or involuntary, intoxication is never a valid defense.
D)Whether voluntary or involuntary, intoxication is often a valid defense.

Question 5

In order to satisfy the requirements of self-defense, the defendant must:

A)hold a reasonable or unreasonable fear of deadly harm.
B)retreat from his or her home if the threat was in the home.
C)not use deadly force.
D)reasonably believe that the threat was of immediate harm.

Question 6

The test that focuses on the defendants' ability to control their conduct is the:

A)temporary insanity test.
B)right-from-wrong test.
C)substantial capacity test.
D)irresistible impulse test.

Question 7

Citizens may use reasonable force:

A)to resist any police action.
B)to resist excessive force by an arresting officer.
C)citizens may never use force against a police officer.
D)to resist police surveillance.

Question 8

The M'Naghten rule focuses on:

A)the defendants' ability to distinguish right from wrong.
B)the defendants' emotional capacity to appreciate the wrongfulness of their acts.
C)the defendants' appreciation of what they are doing and their resistance to impulses.
D)the defendants' ability to conform to the requirements of the law.

Question 9

If a person commits a crime to avoid immediate serious harm unlawfully threatened by another, the person should claim the defense of:

A)temporary insanity.
B)duress.
C)necessity.
D)self-defense.

Question 10

Mistake of fact may be a defense:

A)in felony cases only.
B)when it negates a material element of the crime.
C)when it is coupled with a mistake of law.
D)in misdemeanor cases only.

Question 11

When acting in self-defense, defenders may use:

A)reasonable force under the circumstances.
B)whatever force the defenders deem necessary.
C)the force necessary to prevent a future attack.
D)the force needed to subdue the attacker.

Question 12

In most jurisdictions, the defense-of-others defense:

A)applies only to protecting family members.
B)applies only to protecting children.
C)requires that the "other" have the right to defend him- or herself.
D)applies only to the use of deadly force.

Question 13

If a citizen's property is unlawfully threatened with harm by another person, the citizen may:

A)use deadly force.
B)use reasonable, nondeadly force to protect the property.
C)not take action to protect mere property.
D)make only a verbal protest.

Question 14

According to the defense of necessity, it is:

A)permissible to commit a greater crime in order to avoid a lesser crime.
B)permissible to commit one crime to avoid another.
C)permissible to commit a lesser crime to avoid a greater one.
D)never a defense to commit one crime to avoid another.

Question 15

Obedience to superior orders (United States v.Calley) is an extension of the defense of:

A)duress.
B)self-defense.
C)diminished capacity.
D)mistake of fact.

Question 16

According to Tennessee v.Garner, police may use deadly force:

A)when defending property.
B)when the suspect is a danger to the police or others.
C)when necessary to make an arrest.
D)when necessary to make a felony arrest.

Question 17

An affirmative defense:

A)must be disproved by the state.
B)must be proved by the defense to be true beyond a reasonable doubt.
C)is not a complete defense.
D)is raised by the defense.

Question 18

When a defendant bears the "burden of production," the defendant must:

A)introduce evidence to support a claim.
B)produce sufficient evidence to persuade the factfinder.
C)establish the claim beyond a reasonable doubt.
D)establish the claim by clear and convincing evidence.

Question 19

According to the subjective theory of the entrapment defense:

A)the defendant must instigate the crime.
B)the defendant must not have been predisposed to commit the crime.
C)the police activity must be beyond legal propriety.
D)a reasonable person would have been induced by the police.

Question 20

The M'Naghten test for insanity is also known as:

A)the diminished capacity test.
B)the right-from-wrong test.
C)the substantial capacity test.
D)the irresistible impulse test.