Question 1

Self-defense is an example of what type of defense?

Accepted Answer

A) Justification defense 
B) Failure of proof defense 
C) Affirmative defense 
D) None of the above

Question 2

There are four general requirements for a successful modern-day claim of self-defense: an unprovoked attack, imminent danger, absence of alternatives, and ________________.

Accepted Answer

The answer of There are four general requirements for a...

Question 3

The Model Penal Code recognizes a "choice of evils" defense, which says that criminal conduct will be justified base on which of the following actions?

Accepted Answer

A) The offender believes the crime is necessary to avoid harm to him or others. 
B) The harm to be avoided is greater than the harm committed by the crime. 
C) There is no legislative language that excludes such conduct. 
D) All of the above.

Question 4

Deadly force may be used in defense-of-property if the situation involved in defense-of-property evolves into a self-defense or defense of others that justifies the use of deadly force.

Accepted Answer

A) True 
 B)False

Question 5

A theory that underlying justification defenses are based on the idea that the allegedly criminal action benefits society is known as what type of theory?

Accepted Answer

A) Superior interest theory 
B) Moral rights theory 
C) Overall interest theory 
D) Public benefit theory

Question 6

When law enforcement considers the use of deadly force against a suspect, one must consider which of the following?

Accepted Answer

A) The suspect must be armed and deadly. 
B) The suspect must show obvious intent to commit harm. 
C) The threat must be immediate. 
D) All of the above.

Question 7

The concept that a person is not required to retreat if that person is the victim of an unprovoked attack is known as what legal principle?

Accepted Answer

A) Stand firm principle 
B) Stand your ground rule 
C) Do not retreat rule 
D) None of the above

Question 8

___________________ is a state law that provides homeowners with considerable latitude to use force to defend their dwelling from unauthorized intruders.

Accepted Answer

The answer of ___________________ is a state law that provides...

Question 9

Match between columns
                        Premises: Justification defense
De minimus infraction defense
Offense modifications
Perfect defenses
Failure of proof defense
Excuse defense
Non-exculpatory defense
Affirmative defense
Statute of limitations
Imperfect defenses

Accepted Answer

The Answer of Defenses that result in the defendant being is...

Question 10

A woman who suffers repeatedly from unprovoked beatings from her intoxicated husband and assaults the husband by hitting him with a frying pan as soon as he enters the home may seek defense from prosecution under the _________________.

Accepted Answer

The answer of A woman who suffers repeatedly from unprovoked...

Question 11

What positions do courts take when it comes to the use of deadly force concerning defense of habitation?

Accepted Answer

A) Court are still divided 
B) All courts agree on the use of deadly force regardless of entry 
C) All courts agree on the use of deadly force only if forced entry 
D) None of the above

Question 12

Prosecution in a murder case has failed to prove that the suspect intentionally assaulted the victim with the intent to kill the victim. Explain what options for the prosecution may be available if this situation occurs. What could the defendant expect to gain from the lack of proof? If any other charges can be introduced, what charges might be pursued? Would the degree of proof be the same as that required proving intent?

Accepted Answer

The answer of Prosecution in a murder case has failed...

Question 13

Two teenagers consenting to shooting BB rifles at each other, resulting in the loss of the sight in one eye due to injury from one of the BBs, is considered an accident by the courts because of the element of consent.

Accepted Answer

A) True 
 B)False

Question 14

Cf self-defense is that self-defense requires what?

Accepted Answer

A) 	Subjective components 
B) 	Objective: components 
C) 	Relative components 
D) 	Both a and b

Question 15

What is a defendant's acquittal as the result of the prosecution failing to prove one or more of the elements of the crime or leaving reasonable doubt in the mind of the jury?

Accepted Answer

A) Failure of proof defense 
B) Failure of defense 
C) Failure of proof affidavit 
D) None of the above

Question 16

Deadly force is authorized against an intruder if the actor believes the intruder is seeking to dispossess him of his dwelling, the intruder has no claim of access to the property, and the force is immediately necessary.

Accepted Answer

A) True 
 B)False

Question 17

The Model Penal Code allows an ordinary citizen to use force to prevent a person from committing suicide.

Accepted Answer

A) True 
 B)False

Question 18

A person who has a suspended driver's license, but drives a seriously ill family member to the emergency room of the local hospital, is an example of what?

Accepted Answer

A) Defense of insanity 
B) Defense of necessity 
C) Defense of family 
D) None of the above

Question 19

What defense available to female victims of domestic violence who kill their partners is often raised as a declaration of self-defense?

Accepted Answer

A) Domestic violence defense 
B) Family violence defense 
C) Battered woman syndrome defense 
D) None of the above

Question 20

John happens on a person in a shallow cove with his foot hopelessly wedged between two pieces of coral. John observes that the tide is already rising and the person is fighting to keep his head above the rising waters. Knowing that the person will drown before Life Care can arrive, John decides to cut the person's foot off to keep the person from drowning. This is an example of what type of defense?

Accepted Answer

A) Good Samaritan Defense 
B) Bad Samaritan Defense 
C) Necessity Defense 
D) None of the above

Exam 4: Justification Defenses

Self-defense is an example of what type of defense?

There are four general requirements for a successful modern-day claim of self-defense: an unprovoked attack, imminent danger, absence of alternatives, and ________________.

The Model Penal Code recognizes a "choice of evils" defense, which says that criminal conduct will be justified base on which of the following actions?

Deadly force may be used in defense-of-property if the situation involved in defense-of-property evolves into a self-defense or defense of others that justifies the use of deadly force.

A theory that underlying justification defenses are based on the idea that the allegedly criminal action benefits society is known as what type of theory?

When law enforcement considers the use of deadly force against a suspect, one must consider which of the following?

The concept that a person is not required to retreat if that person is the victim of an unprovoked attack is known as what legal principle?

___________________ is a state law that provides homeowners with considerable latitude to use force to defend their dwelling from unauthorized intruders.

Match each word with the appropriate definition or description.

A woman who suffers repeatedly from unprovoked beatings from her intoxicated husband and assaults the husband by hitting him with a frying pan as soon as he enters the home may seek defense from prosecution under the _________________.

What positions do courts take when it comes to the use of deadly force concerning defense of habitation?

Two teenagers consenting to shooting BB rifles at each other, resulting in the loss of the sight in one eye due to injury from one of the BBs, is considered an accident by the courts because of the element of consent.

Cf self-defense is that self-defense requires what?

What is a defendant's acquittal as the result of the prosecution failing to prove one or more of the elements of the crime or leaving reasonable doubt in the mind of the jury?

Deadly force is authorized against an intruder if the actor believes the intruder is seeking to dispossess him of his dwelling, the intruder has no claim of access to the property, and the force is immediately necessary.

The Model Penal Code allows an ordinary citizen to use force to prevent a person from committing suicide.

A person who has a suspended driver's license, but drives a seriously ill family member to the emergency room of the local hospital, is an example of what?

What defense available to female victims of domestic violence who kill their partners is often raised as a declaration of self-defense?