In presenting an affirmative defense, the defendant admits doing the act as accused. Select one: True False
Question 2 Which of the following is not a legal excuse for crime? Select one: a. entrapment. b. self-defense. c. duress. d. involuntary intoxication.
Question 3 An agreement to commit a crime is a: Select one: a. complicity crime. b. solicitation. c. conspiracy. d. vicarious liability offense.
Question 4 The modern right to use force against those unlawfully entering the person’s home generally Select one: a. does not include deadly force. b. requires that the intruder specifically threaten the occupants of the home. c. applies only to nighttime intrusions. d. does not include defense of the curtilage.
Question 5 Most states use some version of the Model Penal Code test of insanity. Select one: True False
Question 6 Distinguish between true defenses and failure-of-proof defenses.
Question 7 Which of the following is recognized as a valid consent defense situation in most states?
Select one: a. a person consents to be killed b. a person consents to a crime being committed upon their children c. a person consents to the use of their car for an illegal street race d. a person consents to participating in a sanctioned boxing match and is injured during the bout
Question 8 Insanity is an example of a justification defense. Select one: True False
Question 9 In most jurisdictions, the person’s belief that self-defense was necessary must be: Select one: a. accurate. b. subjectively reasonable. c. empirically verifiable. d. objectively reasonable.
Question 10 What are the elements of self-defense?
Question 11 At common law, voluntary intoxication was not a defense. Select one: True False
Question 12 Name and define the two most important categories of true defenses. affirmative criminal defense is a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant’s otherwise unlawful conduct. the insanity defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for his or her actions due to an episodic or persistent psychiatric disease at the time of the criminal act
Question 13 Which of the following is not a perfect defense?
Select one: a. insanity b. choice-of-evils c. self-defense d. defense of others
Question 14 Most defendants who utilize the insanity defense do so successfully. Select one: True False
Question 15 At common law, children under seven years of age could not be guilty of a criminal offense. Select one: True False
Question 16 Bernhard Goetz (the “subway vigilante”) was acquitted of the assault charges but convicted of a weapons offense. Select one: True False
Question 17 The choice of evils defense is also known as the general principle or defense of: Select one: a. emergency. b. compulsion. c. duress. d. necessity.
Question 18 The _____ of accomplice liability is frequently defined as aiding, abetting or assisting another to commit a crime. Select one: a. mens rea b. circumstances c. concurrence d. actus reus
Question 19 The Model Penal Code’s test of insanity is known the “________” rule. Select one: a. irresistible impulse b. substantial capacity c. McNaghten d. right-wrong
Question 20 The U.S. Supreme Court has ruled that vague laws do not violate the guarantees of the U.S. Constitution. Select one: True False
Question 21 In the 1980s, the federal government and many states changed their insanity defenses after the insanity acquittal of: Select one: a. Bernhard Goetz. b. John David Hinckley. c. Lorena Bobbitt. d. Daniel McNaghten.
Question 22 The right-wrong test of insanity is referred to as the ________ rule. Select one: a. McNaghten b. Federal c. Durham d. Substantial Capacity
Question 23 For affirmative defenses, the burden of production is on the defendant. Select one: True False
The modern approach to criminal complicity Select one: a. retains the common law terminology of accessories before the fact. b. eliminates the principal classifications, but retains the accessory classifications of the common law. c. maintains most of the common law categories. d. classifies those involved as either principals or accessories.
Question 25 A person cannot lawfully use force now to prevent against a future attack. Select one: True False
Question 26 Which of the following would be a valid choice of evils defense? Select one: a. a person destroys a house to prevent the spread of fire to a hospital and other houses. b. a person destroys a school building because a criminal inside threatens to burn down the building. c. a couple robs a bank to obtain money to buy food for their children. d. a person assaults a shoplifter to prevent loss of the property.
Question 27 To have a valid defense asserting the defense of others, the Select one: a. defendant must have a special relationship to the person defended. b. person defended must ask for assistance. c. defendant must personally know that the force being used against the person defended is unlawful. d. person defended must have a right to defend themselves against their aggressor.
Question 28 The defense of duress cannot be used in murder prosecutions. Select one: True False
Question 29 In most jurisdictions, to establish the duress defense, the defendant must show that the threat of harm against him or her was:
Select one: a. reasonable. b. foreseeable. c. contingent. d. imminent.
Question 30 Under the McNaghten rule in an insanity defense, the defendant is legally insane at the time of the crime, if, because of a mental disease or defect he does not know that what he is doing is wrong, or does not know: Select one: a. that the behavior is against the law. b. the identity of the victim c. the nature and quality of the act. d. that he has a mental disease or defect.
Question 31 To be lawful, the amount of force used by the defender must be reasonably necessary to defend against an imminent threat or attack. Select one: True False
Question 32 Smith and Jones are opponents in an unscheduled, unsupervised and non-refereed game of basketball at Reed Gym. Both are feeling the pressures of finals week, and their play is more aggressive than usual. As the game progresses, Smith’s teammate Miller warns Smith that Jones is ge tting really wild, and to watch out for elbows while rebounding. A short time later, there is a struggle for a loose ball. In the struggle Jones unintentionally strikes Miller in the head, and Miller’s face is scratched. Miller composes himself and returns to the game. A few minutes later Jones elbows Smith. Smith shouts, “I’ve seen enough,” and he hits Jones twice in the face. Jones falls to the floor, his nose broken. The police arrive and take statements. Jones is cited for battery against Miller, and Smith is arrested for aggravated battery against Jones. What is likely to become of Smith and Jones? Will they be convicted? Why or why not?
Question 33 Peggy commits an armed robbery. A few weeks beforehand, she bought the firearms from Sally, who knew Peggy’s purpose. Sally has no other involvement in the robbery. Under the common law approach, Sally is a/an
Select one: a. accessory after the fact. b. principal in the second degree. c. principal in the first degree. d. accessory before the fact.
Question 34 At common law, there were ________ categories of parties to crime. Select one: a. 1 b. 2 c. 4 d. 3
Question 35 Bob robs a liquor store. Bill waits outside as a lookout. Under the common law, with regard to the liquor store robbery, Bill is a/an Select one: a. principal in the second degree. b. principal in the first degree. c. accessory after the fact. d. accessory before the fact.
Question 36 An accessory after the fact is a person who intentionally counsels, solicits, or commands another in committing a criminal act. Select one: True False
Question 37 A defendant’s mere presence at the scene of a crime is enough to establish accomplice liability only if Select one: a. the defendant does nothing to prevent the crime. b. the defendant fails to protect certain vulnerable victims. c. the defendant makes a video recording of the crime. d. the defendant flees upon approach of the authorities.
In Idaho and many other jurisdictions, the crime of conspiracy requires both an agreement to commit a crime and Select one: a. incriminating testimony from a co-conspirator. b. completion of the intended crime. c. an overt act in furtherance of the intended crime. d. testimony from an unbiased witness.
Question 39 All of the following are factors that a court will consider in deciding whether to waive juvenile court jurisdiction and transfer a youthful offender to adult proceedings, EXCEPT: Select one: a. the extent of aggression and violence in the charged offense. b. the juvenile’s prior record of delinquency. c. the juvenile’s sophistication and maturity. d. the juvenile’s educational history.
Question 40 The insanity defense looks at the defendant’s mental state at the time of trial. Select one: True False
Question 41 Albert wants some methamphetamine. He tells Benny to get some for him, “or else.” Benny doesn’t really want to do this, but he owes money to Albert, and Albert is a violent and scary man. So, Benny asks Charlie to “cook” up some of the drug. Benny buys the ingredients and offers to pay Charlie $100 to make a batch. Charlie was a Nobel Prize winning chemist before a lab accident removed part of his brain and much of his sanity. Charlie still loves playing in his lab, and he is fond of money, so he agrees. However, in his scatterbrained state, he is sidetracked by a fascinating chemistry question while working on the process, and instead of meth he makes marshmallows. Angry and afraid, Benny takes the $100 he intended to pay to Charlie and goes to Dave. Benny gives the $100 to Dave, who hands over about $50 worth of meth which Benny gives to Albert, who seems satisfied for now. Possession, manufacture and distribution of meth are all crimes. What are the potential criminal responsibilities of the above-named characters, and what defenses, if any, are available to them? Use either a common law or a modern approach in your analysis.
Question 42 At common law, the right of self-defense Select one:
a. was asserted successfully in most cases of interpersonal violence. b. was available only to the nobility. c. allowed the defendant to “stand his ground” before resorting to force. d. carried a duty to retreat “to the wall” before resorting to force.
Question 43 At common law, a person who acted as a get away car driver for another criminal would be an accessory in the second degree. Select one: True False
Question 44 The right to use deadly force to defend your own home was not recognized at common law. Select one: True False
Question 45 The initial aggressor or attacker can never claim self-defense. Select one: True False
Question 46 To provide a valid consent defense, the consent of the victim must be: Select one: a. objectively reasonable and imminent. b. given after the crime occurs. c. knowing and voluntary. d. in writing and authorized.