Ch6 Criminal Defenses Justifications And Verified Test Bank - Complete Test Bank Essential Criminal Law 3e with Answers by Matthew Lippman. DOCX document preview.
Chapter 6: Criminal Defenses: Justifications and Excuses
Test Bank
Multiple Choice
1. Defenses to acts that deserve condemnation but the defendant is not held criminally responsible due to a personal disability such as infancy or insanity are called ______.
A. excuses
B. defenses
C. justifications
D. necessities
Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.
Cognitive Domain: Knowledge
Answer Location: Affirmative Defense
Difficulty Level: Easy
2. Which of the following defenses recognizes that conduct that would otherwise be criminal is justified when undertaken to prevent a significant harm?
A. self-defense
B. justifiable misconduct
c. necessity
D. all means defense
Learning Objective: 6-10: Individuals who recently immigrated to the United States will be successful in relying on the defense that although they broke American law, their criminal conduct was considered lawful in the country from which they immigrated.
Cognitive Domain: Knowledge
Answer Location: Necessity
Difficulty Level: Easy
3. ______ self-defense provides that while the defendant may not be acquitted of killing another individual, fairness dictates that he or she should only be found guilty of manslaughter.
A. Imperfect
B. Incomplete
C. Perfect
D. Complete
Learning Objective: 6-5: An individual in most instances may not be held criminally liable if the “victim” consents to the crime.
Cognitive Domain: Comprehension
Answer Location: The Central Components of Self-Defense
Difficulty Level: Easy
4. Defenses to otherwise criminal acts that society approves and encourages under the circumstances are known as ______.
A. excuses
B. defenses
C. justifications
D. necessities
Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.
Cognitive Domain: Knowledge
Answer Location: Affirmative Defenses
Difficulty Level: Easy
5. Oliver was tried for murder and presented an insanity defense. The jury found Oliver not guilty by reason of insanity on the grounds that he possessed a mental disease that prevented him from curbing his conduct. Which of the following tests for insanity did the jury apply?
A. Model Penal Code standard
B. irresistible impulse
C. M’Naghten
D. Durham product
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Comprehension
Answer Location: The Irresistible Impulse Test
Difficulty Level: Easy
6. Which of the following is not an element of self-defense?
A. reasonable belief
B. necessity
C. proportionality
D. retribution
Learning Objective: 6-5: An individual in most instances may not be held criminally liable if the “victim” consents to the crime.
Cognitive Domain: Comprehension
Answer Location: The Central Components of Self-Defense
Difficulty Level: Easy
7. Under which of the following is law enforcement authorized to use deadly force against a suspect?
A. English rule for resistance to an unlawful arrest
B. police force rule
C. fleeing felon rule
D. American rule for resistance to an unlawful arrest
Learning Objective: 6-8: Individuals younger than fourteen under the common law cannot be held criminally liable because of their status as juveniles.
Cognitive Domain: Knowledge
Answer Location: Execution of Public Duties
Difficulty Level: Easy
8. A defense claim that the defendant’s conduct was the result of an irresistible impulse that resulted from the defendant’s socially deprived childhood is consistent with which of the following defenses?
A. environmental defense
B. urban survivor
C. XYY chromosome
D. rotten social background
Learning Objective: 6-12: Understand the “new defenses” and the arguments for recognizing “new defenses.”
Cognitive Domain: Comprehension
Answer Location: Some New Defenses
Difficulty Level: Hard
9. Jan was tried for murder and presented an insanity defense. The jury found Jan not guilty by reason of insanity on the grounds that her unlawful act was the product of mental disease or defect. Which of the following tests for insanity did the jury apply?
A. Model Penal Code standard
B. irresistible impulse
C. M’Naghten
D. Durham product
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Comprehension
Answer Location: The Durham Product Test
Difficulty Level: Easy
10. Under which of the following circumstances is consent not a defense?
A. when the victim forgives the perpetrator after a crime
B. bumping into someone while dancing at a nightclub
C. surgical procedure authorized by the patient
D. ordinary physical contact during a football game
Learning Objective: 6-11: Know the three situations in which the law recognizes consent as a defense to criminal conduct.
Cognitive Domain: Application
Answer Location: Consent
Difficulty Level: Medium
11. The American legal system is based on which of the following?
A. criminal law
B. civil law
C. the presumption of innocence
D. an adversarial process
Learning Objective: 6-1: An individual who reasonably believes that another individual presents a future threat of serious physical harm to him or her would be successful in most states in relying on self-defense.
Cognitive Domain: Comprehension
Answer Location: The Prosecutor’s Burden
Difficulty Level: Easy
12. Timothy is the defendant in a criminal trial. He has been charged with the murder of his brother, which occurred last Saturday night at 10:05 p.m. He insists he just finished his shift at subway at 10:00 p.m. and could not have possibly been at the scene of the crime in 5 min because it was nearly a 20-min drive from his place of work. This statement is an example of what?
A. rebuttal
B. presumption of innocence
C. an alibi
D. an affirmative defense
Learning Objective: 6-1: An individual who reasonably believes that another individual presents a future threat of serious physical harm to him or her would be successful in most states in relying on self-defense.
Cognitive Domain: Application
Answer Location: The Prosecutor’s Burden
Difficulty Level: Medium
13. What is the order in which a criminal case proceeds?
A. cross-examination, rebuttal, and case-in-chief
B. case-in-chief, rebuttal, cross-examination
C. testimony, rebuttal, verdict
D. case-in-chief, cross-examination, rebuttal
Learning Objective: 6-1: An individual who reasonably believes that another individual presents a future threat of serious physical harm to him or her would be successful in most states in relying on self-defense.
Cognitive Domain: Comprehension
Answer Location: The Prosecutor’s Burden
Difficulty Level: Easy
14. What must the prosecution establish in a criminal trial in order to obtain a conviction?
A. a majority of the elements of the crime charged beyond a preponderance of the evidence
B. every element of the crime charged beyond guilt
C. every element of the crime charged beyond a reasonable doubt
D. a majority of the elements of the crime charged beyond a reasonable doubt
Learning Objective: 6-1: An individual who reasonably believes that another individual presents a future threat of serious physical harm to him or her would be successful in most states in relying on self-defense.
Cognitive Domain: Comprehension
Answer Location: The Prosecutor’s Burden
Difficulty Level: Easy
15. ______ defenses are defenses in which the defendant typically possesses the burden of production as well as the burden of persuasion.
A. Affirmative
B. Positive
C. Burden
D. Optimal
Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.
Cognitive Domain: Knowledge
Answer Location: Affirmative Defenses
Difficulty Level: Easy
16. ______ are otherwise criminal acts that society approves and encourages under the circumstances.
A. Excuses
B. Defenses
C. Justifications
D. Necessities
Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.
Cognitive Domain: Knowledge
Answer Location: Affirmative Defenses
Difficulty Level: Easy
17. Which of the following acts deserve condemnation but the defendant is not held criminally liable?
A. excuses
B. defense
C. justifications
D. necessities
Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.
Cognitive Domain: Knowledge
Answer Location: Affirmative Defenses
Difficulty Level: Easy
18. A defendant who establishes a ______ defense is able to satisfy each and every element of a justification defense and is acquitted.
A. perfect
B. beyond a reasonable doubt
C. complete
D. mitigating
Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.
Cognitive Domain: Knowledge
Answer Location: Affirmative Defenses
Difficulty Level: Easy
19. With regard to entrapment, the ______ test focuses on the conduct of the government rather than the character of the defendant.
A. objective
B. Durham
C. subjective
D. Model Penal Code
Learning Objective: 6-8: Individuals younger than fourteen under the common law cannot be held criminally liable because of their status as juveniles.
Cognitive Domain: Comprehension
Answer Location: The Objective Test
Difficulty Level: Easy
20. Defendants who rely on the ______ defense typically are required to provide notice to the prosecution; then the defendant is subject to an examination.
A. necessity
B. duress
C. insanity
D. cultural
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Knowledge
Answer Location: The Insanity Defense
Difficulty Level: Easy
21. Which of the following statements is not true regarding civil commitment?
A. The period of civil commitment is limited to the length of the criminal sentence for which a defendant was convicted.
B. In most states, after a finding of NGRI a separate civil commitment hearing is conducted.
C. The purpose of the civil commitment hearing is to determine if the defendant poses a danger.
D. If the defendant poses a danger, he will be interned in a mental institution.
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Comprehension
Answer Location: The Insanity Defense
Difficulty Level: Easy
22. The most common mental disorder or defect that results in legal insanity under the ______ test for insanity is psychosis.
A. irresistible impulse
B. Model Penal Code standard
C. M’Naghten
D. Durham product
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Knowledge
Answer Location: The Right–Wrong Test
Difficulty Level: Easy
23. The ______ test provided that an accused is “not criminally responsible if his unlawful act was the product of mental disease or defect.”
A. irresistible impulse
B. Model Penal Code standard
C. M’Naghten
D. Durham product
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Knowledge
Answer Location: The Durham Product Test
Difficulty Level: Easy
24. The ______ provides that a person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, he lacks the substantial capacity to either appreciate the criminality of his conduct or to conform his conduct to the requirements of the law.
A. irresistible impulse
B. Model Penal Code standard
C. M’Naghten
D. Durham product
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Knowledge
Answer Location: The Substantial Capacity Test
Difficulty Level: Easy
25. ______ merely recognizes that an individual has the right to demonstrate that he or she is incapable of forming the intent for the offense committed.
A. Insanity
B. Competency
C. Diminished capacity
D. Diminished competency
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Comprehension
Answer Location: Diminished Capacity
Difficulty Level: Easy
26. The contemporary trend is that ______ is not a defense for any criminal act or requisite state of mind.
A. voluntary intoxication
B. involuntary intoxication
C. sleep deprivation
D. drug overdose
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Comprehension
Answer Location: Voluntary Intoxication
Difficulty Level: Easy
27. ______ is a defense to any and all criminal offenses in those instances that a defendant’s state of mind satisfies the standard for the insanity defense in the state.
A. Voluntary intoxication
B. Involuntary intoxication
C. Sleep deprivation
D. Drug overdose
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Comprehension
Answer Location: Involuntary Intoxication
Difficulty Level: Easy
28. Which of the following is not a way in which voluntary intoxication can occur?
A. duress
B. mistake
C. fraud
D. ignorance
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Application
Answer Location: Voluntary Intoxication
Difficulty Level: Medium
29. An underage defendant may use the juvenile defense on the grounds that he or she is too young to ______.
A. understand what he or she is doing
B. understand the legal process
C. form the required intent
D. physically commit the crime
Learning Objective: 6-4: The defense of necessity allows an individual who is drowning to take the life of another person to save his or her own life.
Cognitive Domain: Comprehension
Answer Location: Age
Difficulty Level: Easy
30. What is the purpose of juvenile court?
A. treatment and adjudication of moral responsibility
B. adjudication of moral responsibility and punishment
C. treatment and rehabilitation
D. rehabilitation and punishment
Learning Objective: 6-4: The defense of necessity allows an individual who is drowning to take the life of another person to save his or her own life.
Cognitive Domain: Comprehension
Answer Location: Age
Difficulty Level: Easy
31. What generally limited the privilege of intervention in defense of others to the protection of spouses, family, employees, and employers?
A. judicial rule
B. the modern statutory scheme
C. the common law
D. the U.S. Constitution
Learning Objective: 6-6: An individual who is found not guilty of a crime by reasons of insanity is not sentenced to prison and is released on the condition that he or she will seek psychiatric treatment.
Cognitive Domain: Comprehension
Answer Location: Defense of Others
Difficulty Level: Easy
32. When are the common law presumptions of infancy applicable to proceedings in juvenile court?
A. always
B. when the individual is under 14
C. never
D. when the individual is under 18
Learning Objective: 6-4: The defense of necessity allows an individual who is drowning to take the life of another person to save his or her own life.
Cognitive Domain: Comprehension
Answer Location: Age
Difficulty Level: Easy
33. When individuals are confronted with the unhappy choice between committing a crime and experiencing a harmful event, it is called ______.
A. consent
B. choice of evils
C. utilitarian decision
D. politicization of the law
Learning Objective: 6-5: An individual in most instances may not be held criminally liable if the “victim” consents to the crime.
Cognitive Domain: Knowledge
Answer Location: Necessity
Difficulty Level: Easy
34. The ______ defense excuses an individual from guilt who commits a crime to avoid a threat of imminent bodily harm.
A. necessity
B. duress
C. insanity
D. intoxication
Learning Objective: 6-5: An individual in most instances may not be held criminally liable if the “victim” consents to the crime.
Cognitive Domain: Knowledge
Answer Location: Duress
Difficulty Level: Easy
35. Which is a false statement?
A. In order to utilize the defense of duress, an individual must have exhausted all reasonable and available alternatives to violating the law.
B. In order to utilize the defense of duress, an individual need not exhaust all reasonable and available alternatives to violating the law.
C. Duress may not excuse the intentional taking of the life of another.
D. Duress does not excuse the intentional taking of the life of another.
Learning Objective: 6-5: An individual in most instances may not be held criminally liable if the “victim” consents to the crime.
Cognitive Domain: Comprehension
Answer Location: Duress
Difficulty Level: Easy
36. The principle of necessity dictates that every alternative should be exhausted before an individual resort to deadly force and that an individual should be required to ______.
A. stand his or her ground
B. withdraw
C. retreat to the wall
D. reach a settlement
Learning Objective: 6-10: Individuals who recently immigrated to the United States will be successful in relying on the defense that although they broke American law, their criminal conduct was considered lawful in the country from which they immigrated.
Cognitive Domain: Comprehension
Answer Location: Retreat
Difficulty Level: Easy
37. An aggressor employing nondeadly force must clearly abandon the struggle and ______ in order to gain the right to self-defense.
A. stand his or her ground
B. withdraw
C. retreat to the wall
D. reach a settlement
Learning Objective: 6-10: Individuals who recently immigrated to the United States will be successful in relying on the defense that although they broke American law, their criminal conduct was considered lawful in the country from which they immigrated.
Cognitive Domain: Comprehension
Answer Location: Retreat
Difficulty Level: Easy
38. The ______ provides that an individual inside the home is justified in holding his or her ground.
A. make my day doctrine
B. dwelling doctrine
C. tactical doctrine
D. castle doctrine
Learning Objective: 6-7: Alcohol or narcotics intoxication never constitutes a criminal defense.
Cognitive Domain: Knowledge
Answer Location: Retreat
Difficulty Level: Easy
39. What is the difference between the alter ego rule and the objective test for intervention in defense of others?
A. The objective test has been abandoned in favor of the more modern alter ego rule.
B. The alter ego rule allows for the reasonable mistake of fact.
C. The objective test allows for the reasonable mistake of fact.
D. The alter ego rule only applied to those acting during the execution of public duties.
Learning Objective: 6-6: An individual who is found not guilty of a crime by reasons of insanity is not sentenced to prison and is released on the condition that he or she will seek psychiatric treatment.
Cognitive Domain: Comprehension
Answer Location: Defense of Others
Difficulty Level: Easy
40. Which of the following is not a reason used to justify a limitation on the use of deadly force to apprehend suspects?
A. Shooting suspects may lead to community alienation and anger.
B. Bystanders may be harmed by stray bullets.
C. Substantial monetary damages may be imposed in civil suits for the wrongful use of deadly force.
D. Police officers will gain attention as heroes.
Learning Objective: 6-8: Individuals younger than fourteen under the common law cannot be held criminally liable because of their status as juveniles.
Cognitive Domain: Comprehension
Answer Location: Execution of Public Duties
Difficulty Level: Easy
True/False
1. Requiring the state to prove every element of a crime beyond a reasonable doubt is consistent with the presumption of innocence.
Learning Objective: 6-1: An individual who reasonably believes that another individual presents a future threat of serious physical harm to him or her would be successful in most states in relying on self-defense.
Cognitive Domain: Comprehension
Answer Location: The Prosecutor’s Burden
Difficulty Level: Medium
2. The validity of a self-defense claim is based on the subjective beliefs of the person employing self-defense.
Learning Objective: 6-5: An individual in most instances may not be held criminally liable if the “victim” consents to the crime.
Cognitive Domain: Comprehension
Answer Location: The Central Components of Self-Defense
Difficulty Level: Easy
3. By the 17th century, the common law recognized that a juvenile’s capacity to commit a crime was based on the juvenile’s actual age.
Learning Objective: 6-4: The defense of necessity allows an individual who is drowning to take the life of another person to save his or her own life.
Cognitive Domain: Comprehension
Answer Location: Age
Difficulty Level: Easy
4. If a police officer uses unnecessary and unlawful force against an individual while executing an arrest, the individual may not use self-defense and is expected to seek civil or criminal remedies instead.
Learning Objective: 6-8: Individuals younger than fourteen under the common law cannot be held criminally liable because of their status as juveniles.
Cognitive Domain: Knowledge
Answer Location: Resisting Unlawful Arrests
Difficulty Level: Medium
5. A successful diminished capacity defense results in a complete acquittal of the charged offense and any lesser included offenses.
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Comprehension
Answer Location: Diminished Capacity
Difficulty Level: Medium
6. Under normal circumstances, an aggressor is entitled to claim self-defense.
Learning Objective: 6-5: An individual in most instances may not be held criminally liable if the “victim” consents to the crime.
Cognitive Domain: Comprehension
Answer Location: The Central Components of Self-Defense
Difficulty Level: Easy
7. Under Florida’s Castle Doctrine, a person who is not engaged in an unlawful activity and who is in a place where he or she has a right to be has no duty to retreat and may use deadly force if necessary to prevent death or great bodily harm.
Learning Objective: 6-7: Alcohol or narcotics intoxication never constitutes a criminal defense.
Cognitive Domain: Comprehension
Answer Location: The Castle Doctrine in Florida
Difficulty Level: Easy
8. The alter ego rule applies an objective test of reasonableness to an act carried out in defense of another person.
Learning Objective: 6-6: An individual who is found not guilty of a crime by reasons of insanity is not sentenced to prison and is released on the condition that he or she will seek psychiatric treatment.
Cognitive Domain: Knowledge
Answer Location: Defense of Others
Difficulty Level: Easy
9. Under the English rule for resistance to an unlawful arrest, an individual may resist an unlawful arrest by using reasonable force.
Learning Objective: 6-9: An individual who is able to demonstrate that he or she was paid a significant amount of money by a government informant to commit a crime will be successful in relying on the defense of entrapment based on this fact alone.
Cognitive Domain: Knowledge
Answer Location: Resisting Unlawful Arrests
Difficulty Level: Easy
10. If a defendant is found incompetent to stand trial, this means that the defendant is also not guilty by reason of insanity.
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Comprehension
Answer Location: The Insanity Defense
Difficulty Level: Medium
11. A defense attorney is required to notify the prosecutor that the defendant will rely on the defense and provide the names of the witnesses who will testify.
Learning Objective: 6-1: An individual who reasonably believes that another individual presents a future threat of serious physical harm to him or her would be successful in most states in relying on self-defense.
Cognitive Domain: Comprehension
Answer Location: The Prosecutor’s Burden
Difficulty Level: Easy
12. The recognition of otherwise criminal acts as justifiable constitutes a morally significant statement concerning our social values.
Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.
Cognitive Domain: Comprehension
Answer Location: Affirmative Defenses
Difficulty Level: Easy
13. Moral interest was identified as a theory for the defense of justification.
Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.
Cognitive Domain: Comprehension
Answer Location: Affirmative Defenses
Difficulty Level: Easy
14. Insanity is an excuse defense.
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Comprehension
Answer Location: The Insanity Defense
Difficulty Level: Easy
15. Involuntary intoxication is not a defense to criminal offenses in those instances that the defendant’s state of mind satisfies the standard for insanity.
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Comprehension
Answer Location: Involuntary Intoxication
Difficulty Level: Easy
16. Insanity is not distinct from competence to stand trial.
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Comprehension
Answer Location: The Insanity Defense
Difficulty Level: Easy
17. As a response to the growing concern for the moral blameworthiness of acts committed by defendants found to be not guilty by reason of insanity, all 50 states have adopted a verdict of “guilty but mentally ill.”
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Comprehension
Answer Location: The Future of the Insanity Defense
Difficulty Level: Easy
18. M’Naghten is criticized for focusing on the mind and failing to consider emotions.
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Knowledge
Answer Location: The Irresistible Impulse Test
Difficulty Level: Easy
19. According to the irresistible impulse test, a defendant may be found legally insane even if he or she is able to tell right from wrong.
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest. | 9-1: List the four tests for legal insanity.
Cognitive Domain: Knowledge
Answer Location: The Irresistible Impulse Test
Difficulty Level: Easy
20. The Durham product test was formulated by the New Hampshire Supreme Court in State v. Norman in 1869.
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Knowledge
Answer Location: The Durham Product Test
Difficulty Level: Easy
Short Answer
1. Give an example of an excuse.
Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.
Cognitive Domain: Application
Answer Location: Affirmative Defenses
Difficulty Level: Medium
2. Give an example of a justification.
Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.
Cognitive Domain: Application
Answer Location: Affirmative Defenses
Difficulty Level: Medium
3. What is an affirmative defense?
Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.
Cognitive Domain: Comprehension
Answer Location: Affirmative Defenses
Difficulty Level: Easy
4. What is the Castle Doctrine?
Learning Objective: 6-7: Alcohol or narcotics intoxication never constitutes a criminal defense.
Cognitive Domain: Comprehension
Answer Location: Defense of the Home
Difficulty Level: Easy
5. What are the four tests for insanity?
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Comprehension
Answer Location: The Insanity Defense
Difficulty Level: Easy
6. What is the difference between not guilty by reason of insanity and guilty but mentally ill?
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Analysis
Answer Location: The Future of the Insanity Defense
Difficulty Level: Medium
7. What is diminished capacity?
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Comprehension
Answer Location: Diminished Capacity
Difficulty Level: Easy
8. What is the difference between voluntary intoxication and involuntary intoxication?
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Analysis
Answer Location: Involuntary Intoxication
Difficulty Level: Medium
9. What are the four ways in which involuntary intoxication can occur?
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Application
Answer Location: Involuntary Intoxication
Difficulty Level: Medium
10. What is the necessity defense?
Learning Objective: 6-5: An individual in most instances may not be held criminally liable if the “victim” consents to the crime.
Cognitive Domain: Comprehension
Answer Location: Necessity
Difficulty Level: Easy
Essay
1. Distinguish the affirmative defenses of “justifications” and “excuses.”
Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.
Cognitive Domain: Comprehension
Answer Location: Affirmative Defenses
Difficulty Level: Medium
2. Describe the verdict of “guilty but mentally ill” and discuss the implications of a finding that a defendant is “guilty but mentally ill.”
Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.
Cognitive Domain: Comprehension
Answer Location: The Future of the Insanity Defense
Difficulty Level: Medium
3. Discuss the three instances where consent is a defense to a crime. Provide an example of an instance where consent would not be a defense to a crime.
Learning Objective: 6-11: Know the three situations in which the law recognizes consent as a defense to criminal conduct.
Cognitive Domain: Comprehension
Answer Location: Consent
Difficulty Level: Easy
4. List and distinguish the three categories into which juveniles are categorized under the common law.
Learning Objective: 6-4: The defense of necessity allows an individual who is drowning to take the life of another person to save his or her own life.
Cognitive Domain: Analysis
Answer Location: Age
Difficulty Level: Medium
5. List and describe the five new sociological defenses.
Learning Objective: 6-12: Understand the “new defenses” and the arguments for recognizing “new defenses.”
Cognitive Domain: Knowledge
Answer Location: New Defenses
Difficulty Level: Easy
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Complete Test Bank Essential Criminal Law 3e with Answers
By Matthew Lippman