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Posted: January 31st, 2023
If you do not know your criminal justice, please do not answer.1. A _______ defense results in an acquittal.
a. Imperfect
b. Perfect
c. Affirmative
d. Factual2. A _______ defense reduces the severity of the offense.
a. Imperfect
b. Perfect
c. Affirmative
d. Factual3. An affirmative defense:
a. Focuses on the elements of the crime and prevents the prosecution from meeting its burden of proof
b. Includes – Get research paper samples and course-specific study resources under homework for you course hero writing service – the alibi defense
c. Is a defense that raises an issue separate from the elements of the crime and is based on justification or excuse
d. Is an imperfect defense4. An example of a factual defense is:
a. The statute of limitations
b. Alibi defense
c. Double jeopardy
d. None of the above5. Imperfect self-defense:
a. Results in an acquittal
b. Is applicable when the force used is equal to threatened force
c. Is applicable when the force used is not reasonable in light of the threatened harm
d. Is inapplicable in murder cases6. Deadly force:
a. Is force that causes death
b. Is force involving a only a firearm
c. Is force or threat of force that could potentially kill
d. Is force that could potentially kill7. If the defendant initiates an attack against another:
a. The defendant cannot claim self-defense
b. The defendant can always claim self-defense
c. The defendant can only claim self-defense if the person attacked responds with excessive force or if the defendant withdraws from the attack and the person initially attacked persists
d. None of the above8. The ________ is a common-law rule requiring a defendant to retreat if it is safe to do so, instead of using deadly force in self-defense.
a. Stand-your-ground doctrine
b. Imperfect self-defense
c. Duty to retreat doctrine
d. Castle doctrine9. The ________ is a rule allowing the defendant to use deadly force if appropriate in self-defense, rather than retreating.
a. Stand-your-ground doctrine
b. Imperfect self-defense
c. Duty to retreat doctrine
d. Castle doctrine10. The battered wife defense allows the use of deadly force:
a. Even though the victim may not have used deadly force against the defendant immediately prior to the use of deadly force
b. Even though the victim may not have used any force against the defendant immediately prior to the use of deadly force
c. Even though the defendant may not be in imminent danger at the time the deadly force is used
d. All of the above11. A defendant can use deadly force:
a. To defend real or personal property if the defendant objectively reasonably believes that an imminent threat of damage, destruction or theft will occur
b. To eject a trespasser after first asking the trespasser to leave
c. To defend habitation if an intruder enters occupied premises and the defendant objectively reasonably believes that the intruder will seriously injury or kill the occupants
d. If he is a police officer and the victim resists arrest12. A defendant can use non-deadly force:
a. To defend real or personal property if the defendant objectively reasonably believes that an imminent threat of damage, destruction or theft will occur
b. To eject a trespasser after first asking the trespasser to leave
c. If he is a police officer and the victim resists a lawful arrest
d. All of the above13. The distinction between the necessity defense and duress:
a. Is the duress defense is based on nature or an act of God and the necessity defense is based on the conduct of another individual
b. Is the necessity defense is based on nature or an act of God and the duress defense is based on the conduct of another individual
c. The duress defense requires the defendant to choose between the lesser of two evils
d. The necessity defense requires the defendant to choose between the lesser of two evils14. The Model Penal Code provides that consent is not a valid defense if:
a. It is given by a person who is legally incompetent to authorize the conduct
b. It is given by a person who by reason of youth, mental disease or defect or intoxication is manifestly unable to make a reasonable judgment
c. It is induced by force, duress or deception
d. All of the above15. The second element of the M’Naghten insanity defense is:
a. The defendant must be suffering from a mental defect or disease at the time of the crime
b. The defendant could not control his or her criminal conduct because of the mental defect or disease
c. The defendant must lack substantial capacity to appreciate the criminality of conduct or to conform conduct to the law
d. The defendant did not know the nature of quality of the criminal act he or she committed or that the act was wrong because of the mental defect or disease16. Mental incompetence:
a. Exonerates the defendant from criminal responsibility
b. Delays the criminal trial until mental competency is regained
c. Excuses criminal conduct
d. Is a perfect affirmative defense in many jurisdictions17. A defendant pleading not guilty by reason of insanity:
a. Has the initial burden of producing evidence to rebut the presumption that the defendant is sane
b. Has the burden of proving sanity beyond a reasonable doubt
c. Has no burden to produce evidence or to prove insanity
d. None of the above18. Voluntary intoxication:
a. Is intoxication achieved pursuant to force, duress or fraud
b. In many states, is a defense to reckless intent crimes
c. May provide a defense if the intoxication prevents the defendant from forming the requisite criminal intent for the offense
d. May be a defense if the defendant believes his her conduct is legal19. In deciding whether to waive a juvenile from juvenile court to adult court, a court might consider:
a. The nature of the offense
b. The juvenile’s prior record
c. The threat to public safety posed by the juvenile
d. All of the above20. The objective entrapment defense:
a. Provides a defense if the tactics law enforcement uses would convince an otherwise law-abiding person to commit the crime
b. Provides a defense if law enforcement pressures the defendant to commit the crime against his or her will
c. Both (a) and (b)
d. None of the above
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