Deck 4: Justification Defenses

Question 1

With ________ defenses, the defendant accepts responsibility for the act he or she is charged with, but argues that the act was permissible under the circumstances.

A) Justification.
B) Failure of proof.
C) Excuse.
D) De minimus infraction.

Answer 1

Justification.

Question 2

Defenses that do NOT clear the defendant of guilt are known as ________ defenses.

A) Justification.
B) Excuse.
C) Nonexculpatory.
D) Imperfect.

Answer 2

Nonexculpatory.

Question 3

A(n) ________ defense is a defense that results in the defendant being convicted of a lesser crime, but does not result in an acquittal.

A) Perfect.
B) Imperfect.
C) Nonexculpatory.
D) De minimus infraction.

Answer 3

Imperfect.

Question 4

Identify the objective component of self-defense.

A) The defendant's belief that he or she was justified under the circumstances.
B) The prosecutor's belief that the defendant was justified under the circumstances.
C) The victim's belief that the defendant was justified under the circumstances.
D) A reasonable person's belief that the defendant was justified under the circumstances.

Question 5

Identify the subjective component of self-defense.

A) The defendant's belief that he or she was justified under the circumstances.
B) The prosecutor's belief that the defendant was justified under the circumstances.
C) The victim's belief that the defendant was justified under the circumstances.
D) A reasonable person's belief that the defendant was justified under the circumstances.

Question 6

The stand your ground law is in direct opposition to which general requirement, for a successful claim of self-defense?

A) An Unprovoked Attack.
B) Imminent Danger.
C) Absence of Alternatives.
D) Proportionality.

Question 7

The ________ doctrine states that a nonaggressor is not required to retreat from his or her home if attacked.

A) Castle.
B) Stand your Ground.
C) Proportionality.
D) Necessity.

Question 8

Which justification defense argues that a person is justified using force to protect another from the unlawful use of force by an aggressor?

A) Self-defense.
B) Defense of others.
C) Imperfect defense.
D) Perfect defense.

Question 9

Deadly force cannot be used in which defense?

A) Defense of Property.
B) Self-defense.
C) Nonexculpatory Defense.
D) Imperfect Defense.

Question 10

Murder, robbery, burglary, rape, or arson are known as ________ felonies.

A) Compulsory.
B) Optional.
C) Forcible.
D) Non-Compulsory.

Question 11

Make my day laws are premised on a defense of ________ theory, not a self-defense theory.

A) Habitation.
B) Occupancy.
C) Vacancy.
D) Opportunity.

Question 12

The ________ states that the nonaggressor is not required to retreat from their home.

A) Make my Day Laws.
B) Stand your Ground Rule.
C) Castle Doctrine.
D) Defense of Others.

Question 13

The most often-cited spring gun case is:

A) People v. Ceballos.
B) Graham v. Connor.
C) State v. Aguillard.
D) Tennessee v. Garner.

Question 14

Which Supreme Court case set the standard for evaluating nondeadly force claims by law enforcement officials?

A) People v. Ceballos.
B) Graham v. Connor.
C) State v. Aguillard.
D) Tennessee v. Garner.

Question 15

In helping to decide what a reasonable police officer would do, specific to deadly force, courts need to consider three factors. Which is NOT one of the three factors?

A) The Severity of the Crime.
B) Whether the Suspect Poses a Threat.
C) Whether the Suspect is Resisting and/or Attempting to Flee the Scene.
D) The Span of the Crime.

Question 16

Which Supreme Court case set the standard for evaluating deadly force claims by law enforcement officials?

A) People v. Ceballos.
B) Graham v. Connor.
C) State v. Aguillard.
D) Tennessee v. Garner.

Question 17

The defense of ________ involves the victim consenting to physical contact or activity with the defendant.

A) Habitation.
B) Others.
C) Necessity.
D) Consent.

Question 18

This defense justifies certain types of criminal activity when it cannot be avoided.

A) Habitation.
B) Others.
C) Necessity.
D) Consent.

Question 19

In a criminal trial, the prosecution bears the burden of proving beyond a reasonable doubt that the defendant committed the crime.

Question 20

Defendants are required to present evidence at trial.

Question 21

A failure of proof defense always results in the defendant's acquittal.

Question 22

Deadly force is authorized only if the unlawful force used by the aggressor is also of the deadly variety.

Question 23

Victims of domestic abuse are more likely to succeed with traditional self-defense claims in confrontational killings than they are with battered woman syndrome claims in nonconfrontational killings.

Question 24

A person is not justified using force to protect another from the unlawful use of force by an aggressor.

Question 25

Some states do permit deadly force for defense of habitation.

Question 26

In general, people are authorized to use spring guns or other mechanical device to protect their homes while uninhabited.

Question 27

The law enforcement defense can extend to private persons.

Question 28

Law enforcement officials who use nondeadly or deadly force regularly go on trial.

Question 29

The U.S. Supreme Court ruled that deadly force may be used by law enforcement officials when three criteria are present.

Question 30

A woman who forges a check in order to obtain food out of economic necessity does not commit a crime if she goes without food.

Question 31

Homicide can be justified on necessity grounds.

Question 32

Consent cannot serve as a justification defense.

Question 33

Defenses are broken into two general categories: justification and ________ defenses.

Question 34

A failure of proof defense is not the same as the other leading defenses because it is not a(n)________ defense.

Question 35

The objective component of self-defense is concerned with whether a(n) ________ person would believe the defendant's actions were justified under the circumstances.

Question 36

Subject to a few exceptions, for self-defense to apply, the nonaggressor must use no more force than is necessary to repel the aggressor. This is known as ________.

Question 37

The threat to use deadly force by brandishing a deadly weapon has long been considered a(n) ________.

Question 38

Make my day laws are state laws that provide homeowners with considerable ________ to use force to defend their dwelling from unauthorized intruders.

Question 39

The Court has said that whether deadly force, by a law enforcement official, has been used appropriately should be judged from the perspective of a(n) ________ officer on the scene.

Question 40

The U.S. Supreme Court ruled that deadly force may be used by law enforcement officials when two criteria are present: (1) it is necessary to prevent the suspect's ________, and (2) the officer has probable cause to believe that the suspect poses a serious threat of death or serious physical injury to other people or police officers.

Question 41

The defense of ________ involves the victim consenting to physical contact or activity with the defendant.

Question 42

Some courts have noted that "economic ________ alone cannot support a choice of crime,"so whether the necessity defense will succeed depends heavily on the circumstances of the case.

Question 43

Match each defense with its explanation.

-Self Defense

A) A justification defense in which a person is justified using force to protect another from the unlawful use of force by an aggressor.
B) A justification defense in which the defendant is permitted to act in order to prevent imminent death or bodily harm.
C) A defendant's acquittal is the result of leaving reasonable doubt in the mind of the jury.
D) A defense available to police or other authorized agents for actions committed in the course of law enforcement.
E) A justification defense in which the defendant commits a crime out of necessity or to avoid a greater evil.
F) State laws that provide homeowners with considerable latitude to use force to defend their dwelling from unauthorized intruders.

Question 44

Match each defense with its explanation.

-Defense of Others

A) A justification defense in which a person is justified using force to protect another from the unlawful use of force by an aggressor.
B) A justification defense in which the defendant is permitted to act in order to prevent imminent death or bodily harm.
C) A defendant's acquittal is the result of leaving reasonable doubt in the mind of the jury.
D) A defense available to police or other authorized agents for actions committed in the course of law enforcement.
E) A justification defense in which the defendant commits a crime out of necessity or to avoid a greater evil.
F) State laws that provide homeowners with considerable latitude to use force to defend their dwelling from unauthorized intruders.

Question 45

Match each defense with its explanation.

-Defense of Habitation

A) A justification defense in which a person is justified using force to protect another from the unlawful use of force by an aggressor.
B) A justification defense in which the defendant is permitted to act in order to prevent imminent death or bodily harm.
C) A defendant's acquittal is the result of leaving reasonable doubt in the mind of the jury.
D) A defense available to police or other authorized agents for actions committed in the course of law enforcement.
E) A justification defense in which the defendant commits a crime out of necessity or to avoid a greater evil.
F) State laws that provide homeowners with considerable latitude to use force to defend their dwelling from unauthorized intruders.

Question 46

Match each defense with its explanation.

-Law Enforcement Defense

A) A justification defense in which a person is justified using force to protect another from the unlawful use of force by an aggressor.
B) A justification defense in which the defendant is permitted to act in order to prevent imminent death or bodily harm.
C) A defendant's acquittal is the result of leaving reasonable doubt in the mind of the jury.
D) A defense available to police or other authorized agents for actions committed in the course of law enforcement.
E) A justification defense in which the defendant commits a crime out of necessity or to avoid a greater evil.
F) State laws that provide homeowners with considerable latitude to use force to defend their dwelling from unauthorized intruders.

Question 47

Match each defense with its explanation.

-The Necessity Defense

A) A justification defense in which a person is justified using force to protect another from the unlawful use of force by an aggressor.
B) A justification defense in which the defendant is permitted to act in order to prevent imminent death or bodily harm.
C) A defendant's acquittal is the result of leaving reasonable doubt in the mind of the jury.
D) A defense available to police or other authorized agents for actions committed in the course of law enforcement.
E) A justification defense in which the defendant commits a crime out of necessity or to avoid a greater evil.
F) State laws that provide homeowners with considerable latitude to use force to defend their dwelling from unauthorized intruders.

Question 48

Match each requirement for a successful claim of self-defense with its definition.

-Unprovoked Attack

A) Subject to a few exceptions, for self-defense to apply, the nonaggressor must use no more force than is necessary to repel the aggressor.
B) Generally speaking, if the person threatened has the option of retreat or otherwise not using force in kind, that is the option that should be pursued.
C) "[T]he law of self-defense is designed to afford protection to one who is beset by an aggressor and confronted by a necessity not of his own making."
D) This requirement is sometimes likened to "necessity," the idea that force is necessary in order to protect one from a threat.

Question 49

Match each requirement for a successful claim of self-defense with its definition.

-Imminent Danger

A) Subject to a few exceptions, for self-defense to apply, the nonaggressor must use no more force than is necessary to repel the aggressor.
B) Generally speaking, if the person threatened has the option of retreat or otherwise not using force in kind, that is the option that should be pursued.
C) "[T]he law of self-defense is designed to afford protection to one who is beset by an aggressor and confronted by a necessity not of his own making."
D) This requirement is sometimes likened to "necessity," the idea that force is necessary in order to protect one from a threat.

Question 50

Match each requirement for a successful claim of self-defense with its definition.

-Absence of Alternatives

A) Subject to a few exceptions, for self-defense to apply, the nonaggressor must use no more force than is necessary to repel the aggressor.
B) Generally speaking, if the person threatened has the option of retreat or otherwise not using force in kind, that is the option that should be pursued.
C) "[T]he law of self-defense is designed to afford protection to one who is beset by an aggressor and confronted by a necessity not of his own making."
D) This requirement is sometimes likened to "necessity," the idea that force is necessary in order to protect one from a threat.

Question 51

Match each requirement for a successful claim of self-defense with its definition.

-Proportionality

A) Subject to a few exceptions, for self-defense to apply, the nonaggressor must use no more force than is necessary to repel the aggressor.
B) Generally speaking, if the person threatened has the option of retreat or otherwise not using force in kind, that is the option that should be pursued.
C) "[T]he law of self-defense is designed to afford protection to one who is beset by an aggressor and confronted by a necessity not of his own making."
D) This requirement is sometimes likened to "necessity," the idea that force is necessary in order to protect one from a threat.

Question 52

Excuse defenses can be organized into three distinct categories. Identify and explain these three categories.

Question 53

Identify and define the four general requirements for a successful modern-day claim of self-defense.

Question 54

Distinguish between defense of habitation and defense of property.

Question 55

Explain the law enforcement defense and when law enforcement may use nondeadly and deadly force.

Question 56

Define necessity and identify the five conditions which must be in place for a defense of necessity to succeed.

Question 57

An intruder broke into Gregory Mason's home at 3:00 am on March 15, 2010, with the intent to steal his expensive and rare coin collection. Asleep upstairs when he heard the noises in the middle of the night, Gregory, armed with a baseball bat, proceeded to beat the intruder nearly to death. He was charged with the crime of aggravated battery and is awaiting trial. Gregory is considering what options, if any, he has as a defense to the crime. If you are Gregory's defense lawyer, what type of defense would you suggest and why?

Question 58

Patrick O'Sullivan was an invited guest at the home of his friend, Todd Smith. Along with a group of friends, the two were playing pool, drinking beer, and watching an NFL football game. As Patrick was walking to his car to head home for the evening, he heard a fight break out in the house. As Patrick reentered the house, Todd threw kerosene on him and threatened to light him on fire. Patrick pulled out his gun and fatally shot Todd three times in the chest. Did Patrick have a duty to retreat before using force in self-defense?