Deck 6: The Law Governing the Use of Force

Question 1

Should a frail, elderly woman begin to hit a large, athletic man with an umbrella, the man may:

A)defend himself by taking the umbrella away from the woman.
B)seize the umbrella and strike the woman with it.
C)use any force, including deadly force.
D)retreat, but cannot otherwise defend himself.

Answer 1

A

Question 2

In states that have adopted "make my day" rules, the occupant of a dwelling

A)may not use deadly force against an intruder.
B)may use necessary, but not deadly force against an intruder.
C)may use deadly force against an intruder.
D)must retreat rather than use force against an intruder.

Answer 2

C

Question 3

Not only police officers, but any person, may use reasonable force to defend another person against unlawful force or interference.

Answer 3

True

Question 4

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:

A)forcefully enters the dwelling.
B)illegally enters the dwelling.
C)willingly enters the dwelling.
D)readily enters the dwelling.

Question 5

Deadly force may never be used by a police officer in an attempt to seize an individual.

Question 6

To be lawful, force used in self-defense or defense of another must be both reasonable and:

A)sufficient.
B)nondeadly.
C)immediately necessary.
D)preventable.

Question 7

When acting in self-defense, all states impose a duty to retreat prior to the use of deadly and non-deadly force.

Question 8

The law regarding the use of deadly force in making an arrest is exactly the same from state to state.

Question 9

The Fourth Amendment is not violated by an arrest based on probable cause, even though the wrong person is arrested. ​

Question 10

Key points in determining the lawfulness of force used in self-defense include all of the following except:

A)unlawfulness.
B)necessity.
C)reasonableness.
D)whether the assailant is armed or not.

Question 11

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 such force as is necessary and:

A)reasonable to defend themselves.
B)required to defend themselves. ​
C)sensible to defend themselves.
D)fair to defend themselves.

Question 12

A citizen is never authorized to use deadly force against another citizen; only police may use deadly force against another person.

Question 13

Which reason explains why use of deadly force is currently forbidden in the defense of property?

A)Theft cases are harder to prosecute.
B)People care less about their personal property.
C)Law enforcement agencies are readily available to assist individuals confronted with theft.
D)Property is considered communally owned.

Question 14

Only parents may use reasonable force in disciplining children.

Question 15

Booby traps and spring guns may not lawfully be used to protect property.

Question 16

The amount of force used in self-defense or defense of another must, under the circumstances that exist, be:

A)correct.
B)reasonable.
C)identical. ​
D)less than the force being used by the aggressor.

Question 17

A person assaulted in his or her home by a trespasser has no duty to retreat and may use necessary force under the ________ doctrine.

A)trespasser
B)homeowner
C)aggressor
D)castle

Question 18

In states that have adopted "stand your ground" laws, severe limits have been placed on the use of deadly force by the occupant of a dwelling.

Question 19

Not having to retreat before using defensive force in one's home is known as the "castle" doctrine.

Question 20

To lawfully use deadly force in self-defense, what kind of fear of imminent death or great bodily harm must exist?

A)Reasonable
B)Subjective
C)Actual
D)Substantial

Question 21

The _____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.

A)castle
B)queen
C)king
D)loco parentis

Question 22

Laws that encourage people to come to the aid of another are referred to as ______ laws:

A)Good Friend
B)Good Samaritan
C)Friendly Neighbor
D)Helping Hands

Question 23

"Stand your ground" laws change the ______ doctrine in many states by adopting a presumption that a homeowner has a fear of imminent peril whenever he is attacked in his home.

A)castle
B)in loco parentis
C)Brown
D)Garner

Question 24

Based on the Fourth Amendment, police officers may use deadly force when seizing a fleeing suspect:

A)when the offense is a felony.
B)when the offense is a felony and the suspect poses a threat to safety.
C)regardless of the seriousness of the offense.
D)if it appears the suspect will escape.

Question 25

Whether excessive force was used by police in making an arrest would be analyzed under the Fourth Amendment's _______ standard.

A)due process
B)equal protection
C)reasonableness
D)necessary

Question 26

Actions by police officers using force to arrest a suspect are "seizures" of the suspect, and thus under the Fourth Amendment must be:

A)reasonable.
B)rational.
C)non-deadly.
D)safe.

Question 27

Currently most states prohibit the use of ______ force to protect property.

A)physical
B)imminent
C)reasonable
D)deadly

Question 28

A _____ may use deadly force when faced with the threat of death or serious bodily harm to the officer or another.

A)police officer
B)probation officer
C)person nearby
D)All of these choices may use deadly force.

Question 29

In most, if not all states, the use of booby traps is:

A)unlawful.
B)lawful.
C)lawful only if injury does not result in death.
D)subject to civil penalties only.

Question 30

A police officer may use non-deadly force in all of the following situations except to:

A)detain a suspect.
B)protect him/herself from harm.
C)protect others from harm.
D)when the suspect is fully cooperative.

Question 31

The term "in loco parentis " refers to:

A)transporting mental patients.
B)people who take the place of parents.
C)when parents are present.
D)adoptive parents.

Question 32

In determining what constitutes a crime of child abuse, consideration will be given to the:

A)age, size, and health of the child.
B)reason for the discipline.
C)gender of the child.
D)age, size, and health of the child, and the reason for the discipline.

Question 33

As long as it is reasonable, a child may be disciplined by all of the following except:

A)parents.
B)any person in loco parentis .
C)public school teachers.
D)another student.

Question 34

When stopping a person for investigative purposes based upon "reasonable suspicion," officers may use:

A)no force, only verbal warnings.
B)reasonable and necessary force given the circumstances.
C)their hands, but no devices, to control the subject.
D)deadly force.

Question 35

The US Supreme Court ruled that the Fourth Amendment applies to use of force by a police officer because the Fourth Amendment provides an explicit textual source of constitutional protection against this sort of:

A)physically intrusive governmental conduct.
B)inappropriate governmental conduct.
C)abusive governmental conduct.
D)physically abusive governmental conduct.

Question 36

State laws regarding the use of deadly force in making arrests must comply with the requirements established by the US Supreme Court in:

A)Miranda v. Arizona.
B)Mapp v. Ohio.
C)Ingraham v. Wright.
D)Tennessee v. Garner.

Question 37

When an uncooperative driver refuses to submit to a breath or urine test police have begun taking forced:

A)blood samples from these uncooperative drivers.
B)breath tests from these uncooperative drivers.
C)urine samples from these uncooperative drivers.
D)All of these choices

Question 38

State laws and police regulations regarding the use of deadly force must conform to the requirements established by the US Supreme Court in: ​

A)Tennessee v. Garner and Graham v. Connor.
B)Tennessee v. Garner and Couture v. Com.
C)Tennessee v. Garner and State v. Escamilla.
D)Tennessee v. Garner and People v. Miller.

Question 39

State laws or regulations stating how and when police officers may use force must also comply with the _______ Amendment.

A)Fourth
B)Fifth
C)Sixth
D)Seventh

Question 40

If force in making arrests should be necessary because of resistance or an attempt to escape, the officer may use only such force as is reasonably believed necessary to achieve all of the following except:

A)detain the offender, make the arrest, and conduct lawful searches.
B)overcome any resistance by the offender.
C)prevent an escape and retake the person if an escape occurs.
D)err on the side of too much force.

Question 41

Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!"

A)Evidence of past abuse offered by women charged with violence against their abusers to show its psychological effects as part of their claims of self-defense is called the _____ defense.
B)burning bed
C)abused spouse
D)battered woman
E)castle

Question 42

Johnny Burgle sneaks into his neighbor's house through a basement window and begins to conceal items into a large bag. Johnny Burgle accidentally knocked over a vase, which made a loud noise when it broke. This noise woke up the home owner. The home owner confronted Johnny and ordered him out of his house.

A)Johnny runs out of the house when he is confronted by the home owner and while he is running down the street a police officer confronts him and orders him to stop. Johnny stops, shows no weapons or other items or dangerous threats, but does not comply with the officer's orders and is refusing to be arrested. The police officer may use _____ force to execute this arrest.
B)deadly
C)lethal but not deadly
D)no
E)non-deadly

Question 43

Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!"

A)The use of a Taser by the police is considered to be:
B)deadly force.
C)lethal force.
D)non-deadly force.
E)brute force.

Question 44

Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!"

A)Non-deadly force is permitted when: ​
B)deadly force won't work.
C)robbing from a homeowner.
D)evicting a trespasser.
E)using public property, such as a park.

Question 45

Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!"

A)Force may not be used in the defense of another person when:
B)force is immediately necessary.
C)the person using force is not the aggressor.
D)the other person's actions are unlawful.
E)force is used as a punishment.

Question 46

Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!"

A)The ______ rule does not put a limit on the use of deadly force by the occupant.
B)trespasser
C)homeowner
D)"make my day"
E)castle

Question 47

Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!"

A)Officer Jones places this driver under arrest. While doing so the driver pulls out a gun and tries to shoot the officer. The officer uses his duty weapon and shoots and kills the driver. This use of force is:
B)unreasonable.
C)non-deadly.
D)reasonable.
E)non-deadly but unreasonable.

Question 48

Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!"

A)Officer Jones places this driver under arrest for no driver's license. Officer Jones uses his Taser, Mace, and handcuffs while arresting the driver who was cooperative and not resisting arrest. Officer Jones' use of force was:
B)reasonable.
C)deadly force.
D)unreasonable.
E)reasonable but deadly force.

Question 49

John Buff picks a fight with James Smalls. John begins to punch James in the face over and over again for no reason at all. James tries to fight back and in doing so he knocks John down on the ground where John hits his head on a rock and dies. James is arrested and charged with the murder of John. ​

A)During the above altercation, a passerby jumped in to help out James because he could easily see that John was creating a ton of damage to his face with his punches. The assistance by the passerby is referred to as:
B)self-defense.
C)defense of another.
D)social responsibility.
E)model of defense action.

Question 50

John Buff picks a fight with James Smalls. John begins to punch James in the face over and over again for no reason at all. James tries to fight back and in doing so he knocks John down on the ground where John hits his head on a rock and dies. James is arrested and charged with the murder of John. ​

A)At trial James argues that John attacked him and that he was just defending himself. This is referred to as: ​
B)self-preservation.
C)protection against others.
D)self-defense.
E)rock solid defense.

Question 51

Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!"

A)In most states, the owner of a dwelling before using non-deadly force against someone who is trespassing must:
B)threaten the use of deadly force against the intruder.
C)call 911.
D)request the intruder leave the property.
E)fire a warning shot from a gun.

Question 52

Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!"

A)Officer Jones places the driver under arrest and when he attempts to place handcuffs on the driver, the driver resists arrest and begins to assault the officer by punching him. The officer uses his Taser to stop this assault and to get him handcuffed. This force is:
B)unreasonable.
C)reasonable.
D)deadly force.
E)deadly force but reasonable.

Question 53

Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!"

A)The use of force is not permissible:
B)to prevent harm to others.
C)​ to prevent harm to oneself.
D)to resist an unlawful arrest. ​
E)when fighting back against an assailant.

Question 54

John Buff picks a fight with James Smalls. John begins to punch James in the face over and over again for no reason at all. James tries to fight back and in doing so he knocks John down on the ground where John hits his head on a rock and dies. James is arrested and charged with the murder of John. ​

A)James, a minor, panics because he realizes he has killed John, and picks up a knife when the police show up. The police have:
B)the authority to discipline children, so can use any amount of force necessary.
C)the authority to discipline children, so can use any amount of force except for deadly force.
D)no authority to discipline children, and so may not use force against James.
E)no authority to discipline children, but may use reasonable force to prevent injury to other persons or themselves.

Question 55

Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!"

A)The use of a Taser by the police to prevent a suspect from jumping out the window, even if the use of the Taser causes the suspect's death, is considered to be:
B)deadly force.
C)lethal force.
D)not excessive force.
E)brute force.

Question 56

John Buff picks a fight with James Smalls. John begins to punch James in the face over and over again for no reason at all. James tries to fight back and in doing so he knocks John down on the ground where John hits his head on a rock and dies. James is arrested and charged with the murder of John. ​

A)A law that applies to the above altercation that encourages bystanders to help out those who are being attacked or who are in danger, etc., is called a ________law.
B)Good bystander
C)Good passerby
D)Good Samaritan
E)Good innocent person

Question 57

Johnny Burgle sneaks into his neighbor's house through a basement window and begins to conceal items into a large bag. Johnny Burgle accidentally knocked over a vase, which made a loud noise when it broke. This noise woke up the home owner. The home owner confronted Johnny and ordered him out of his house.

A)Johnny runs out of the house when confronted by the home owner. A police officer orders him to stop and tells Johnny that he is under arrest. Johnny pulls out a knife and charges the officer in an attempt to kill him. The police officer may use _____ force.
B)lethal but not deadly
C)deadly
D)no
E)non-deadly

Question 58

Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!"

A)______ is/are not eligible for "stand your ground" protection.
B)The aggressor
C)The victim
D)A person who aids the aggressor
E)Innocent bystanders

Question 59

Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's orders and yells, "take me to jail then!!"

A)Force that is likely to cause or is capable of causing death or serious bodily injury is called _____ force.
B)deadly
C)brute
D)dangerous
E)lethal

Question 60

Johnny Burgle sneaks into his neighbor's house through a basement window and begins to conceal items into a large bag. Johnny Burgle accidentally knocked over a vase, which made a loud noise when it broke. This noise woke up the home owner. The home owner confronted Johnny and ordered him out of his house.

A)When Johnny refused to leave, the home owner shot him with a sawed-off shotgun, and was charged with manslaughter. The home owner claimed as a defense that the state's "stand your ground" laws would apply, and he should be acquitted. The home owner's claim will be:
B)successful, because "stand your ground" laws permit using deadly force in response to an unlawful attack.
C)successful, because of the castle doctrine.
D)unsuccessful, because "stand your ground" laws only apply to force used by a person who is not engaged in an unlawful activity.
E)unsuccessful, because of the Good Samaritan laws.

Question 61

Laws that encourage people to come to the aid of another are called ______ laws.

Question 62

The use of ______  may be justified if the other person's behavior is unlawful.

Question 63

Force may not be used legally in making an arrest unless the arrest is a ____, custodial arrest made in good faith.

Question 64

The killing of a fleeing suspect is a __________ under the Fourth Amendment, and is therefore constitutional only if reasonable.

Question 65

Identify the three key points for determining when force is justified. What factors might a court or jury take into account in determining if force was justified?

Question 66

The law regarding the use of deadly force in making an arrest ____somewhat from state to state.

Question 67

Explain how "stand your ground" laws affect the general rules for using force. How does stand your ground affect the "castle" doctrine?

Question 68

Using excessive force during an arrest would constitute an unreasonable seizure in violation of the _________ Amendment.

Question 69

The concept that any person taking the place of a parent has the duties and responsibilities of the parent is called ____.

Question 70

Deadly force may never be used to make the arrest of or to prevent the escape of a person who has committed a ____.

Question 71

In general, parents may use _____________ force to discipline their children.

Question 72

Under the old common law used on the American frontier, _______ force was often used to protect property.

Question 73

To lawfully use deadly force in self-defense, a reasonable fear of _________ death or great bodily harm must exist.

Question 74

In order for ______ force to be justified, the use of force must be immediately necessary to protect the person or another from the unlawful use of force by the aggressor.

Question 75

Explain fully what is meant by the "castle doctrine." What are "make my day" rules?

Question 76

The doctrine permitting people who have been assaulted in their homes by a trespasser to stand their ground and use such force as is necessary and reasonable to defend themselves is called the ____ doctrine.

Question 77

According to the castle doctrine, a person does not have a duty to ______ before using defensive force in his own home.

Question 78

The amount of force used in self-defense must be ____ under the circumstances that exist.

Question 79

Discuss the amount of force that may be used in the defense of property today. How do the current laws regarding defense of property compare to the old common law used on the American frontier?

Question 80

Explain the "castle" doctrine and discuss its history.