Deck 7: Defenses

Question 1

There is no defense to the strict liability charge of being a felon in possession of a firearm.

Answer 1

True

Question 2

A verdict of guilty but mentally ill allows incarceration.

Answer 2

True

Question 3

Consent of the victim is a defense in most violent crimes.

Answer 3

False

Question 4

An individual may negate the right of society to control violent behavior by consenting to being beaten.

Question 5

All speech is protected by the First Amendment.

Question 6

There is no statute of limitation for murder.

Question 7

Incompetency to stand trial is not an affirmative defense.

Question 8

The right to privacy is named in the Bill of Rights.

Question 9

Syndromes are so vaguely defined that they can be used as defenses in many types of cases.

Question 10

The Court in Tennessee v.Garner ruled that police may use any force necessary to arrest suspects.

Question 11

Posttraumatic stress disorder has never been an effective defense.

Question 12

The defense should rely on the court to include a defense jury instruction sua sponte.

Question 13

Substantive due process is a defense against vague laws.

Question 14

A defendant can never be tried in both state and federal court for the same crime.

Question 15

A successful defense of automatism results in commitment proceedings against the defendant.

Question 16

Involuntary intoxication is a defense to specific intent only.

Question 17

Deadly force is allowed in the defense of property valued over $10,000.

Question 18

Freedom of assembly is a defense unless the gathering presents a clear and present danger.

Question 19

The insanity defense benefits only a few defendants.

Question 20

Alibi can be a missing element defense.

Question 21

The Fifth Amendment provides the defense of

A)freedom of religion
B)the right to bear arms
C)freedom from unreasonable searches and seizures
D)freedom from double jeopardy

Question 22

Freedom of expression is provided by

A)the Declaration of Independence
B)the First Amendment
C)The Bill of Rights
D)Article I of the Constitution

Question 23

Jeopardy ends when

A)the jury returns a verdict
B)a formal judgment has been entered
C)all appeals have been exhausted
D)the closing arguments have been made

Question 24

In the federal system,an alibi defense requires

A)the M'Naghten test
B)prior notice to the prosecution
C)proof beyond a reasonable doubt
D)evidence from two witnesses

Question 25

Anticipation of a future attack is sometimes acceptable self-defense for

A)prolonged threats in abusive relationships
B)a preemptive strike by a prison inmate
C)gang warfare
D)family feuds

Question 26

If an otherwise criminal act is done for religious purposes,freedom of religion can be a defense if

A)the act is done in good faith
B)the defendant is a member of a religious body
C)the act does little to no harm to the community as a whole
D)the act is common to the community

Question 27

A defense that allows conviction on a reduced charge is

A)a plea bargain
B)a mitigating circumstance
C)an imperfect defense
D)an incomplete defense

Question 28

Under federal law,a John Doe indictment based on DNA in some sexual assault cases

A)bars the double jeopardy defense
B)is a violation of due process
C)is an alibi
D)tolls the statute of limitations

Question 29

The statute of limitations limits the

A)time within which prosecutions must begin
B)number of charges against a single defendant
C)extent of punishment
D)type of speech protected by the Constitution

Question 30

For a parental discipline defense to be valid

A)bruises should last no more than three days
B)the child's behavior must be deemed out of control
C)the parent must be in control of the outcome
D)the parent's action must conform to what he or she believed was necessary to discipline the child

Question 31

The castle doctrine provides that

A)a defendant need not retreat in their own homes
B)the "reasonable force" requirement is always dropped if the defendant is attacked at home
C)deadly force is not an option to defend the home
D)a defendant must "retreat to the wall"

Question 32

The insanity defense protects those who are

A)mentally ill
B)mentally retarded
C)incompetent at the time of trial
D)unaware of the nature of their acts

Question 33

Resisting unlawful arrest is

A)allowed as a defense against excessive police force
B)always a perfect defense
C)a defense against theft charges
D)promoted in the Model Penal Code as a way to preserve the peace

Question 34

Duress can be a successful defense when the defendant acts under

A)superior orders
B)a mistaken belief that he/she is in danger
C)a threat to be carried out a month later
D)a threat of immediate serious harm

Question 35

Constitutional freedoms can be limited for reasons of

A)justification or excuse
B)safety,health,or public welfare
C)legislative purpose
D)governmental administration

Question 36

Expression may be restricted if it

A)has a political purpose
B)is sexual
C)is likely to provoke violent action
D)arouses emotions

Question 37

A law provides due process if it

A)is an ex post facto law
B)gives notice of prohibited conduct
C)invites arbitrary enforcement
D)is enforced based on at least three of its four elements

Question 38

Entrapment is a defense most often used against charges of

A)violent crimes
B)fraud
C)consensual crimes
D)rape

Question 39

Double jeopardy is a criminal defense when

A)civil damages have already been paid
B)a defendant is charged twice for the same conduct,victim,and elements
C)two defendants face the same charges
D)one defendant is charged with two or more crimes at the same time

Question 40

In some states,insanity is treated as

A)a missing element
B)a justification
C)a syndrome
D)a mistake of fact

Question 41

Maggie,hoping to get a soap opera role,tells her younger sister Mimi to throw acid in the face of her rival for the part or Maggie will see to it that Mimi is written out of their mother's will.Mimi accomplishes the deed and claims the defense of duress.Is she likely to be successful? Why or why not?

Question 42

Who has the burden of proof in defenses,and what are those burdens?

Question 43

Why is substantive due process an important constitutional protection?

Question 44

List three factors that can be used to show predisposition in refuting an entrapment defense.

Question 45

The defense of diminished capacity

A)has tests as rigorous for those of insanity
B)is a missing element defense
C)is an affirmative defense
D)usually results in institutionalization if successful

Question 46

What are the subjective and objective tests for reasonable self-defense?

Question 47

What are two reasons why defendants are protected from double jeopardy?