Conduct that violates the law cannot be justifiable
Defenses may be based on
A. Alibi. B. Justifications. C. Excuses D. All of the above
Consent is generally not available as a defense where the victim’s lack of consent is not a statutory element of the offense
The legal concept of ________ envisions a person who acts with common sense and who has the mental capacity of an average, normal, sensible human being.
A. common man. B. reasonable person. C. alter ego. D. average man
Even a psychotic person can be competent to stand trial
Insanity is a _________ defense
A. medical B. psychological C. social / legal D. DSM-IV
The defense of duress, sometimes also called _________, is based on the notion that people do not willfully engage in acts that they are compelled or coerced to perform.
A. intoxication B. diminished capacity C. compulsion D. mens rea
Bob kidnaps Ray and Ray’s wife at gunpoint. Bob drives them to a bank and tells Ray to go into the bank and rob it or he will kill his wife. Ray robs the bank. Ray’s defense to a charge of bank robbery is?
A. entrapment B. duress C. temporary insanity D. culpable ignorance
In most jurisdictions, the owner of property can justifiably use reasonable _______ force to prevent others from unlawfully taking and / or damaging that property.
A. deadly. B. physical C. non-deadly D. excessive
Resistance in the face of unlawful arrest is considered justifiable in almost all jurisdictions.
Bob lives in a city where it is legal to turn on a red light. He is visiting in a city where this is illegal and he gets a ticket for turning right on a red light. He has no defense to the ticket due to his:
A. involuntary intoxication B. culpable ignorance C. lack of duress D. mistake of fact
The defense of necessity has generally been far more effective in cases where the defendant:
A.faces immediate physical threat B. faces economic hardship C. faces psychological
Bob is charged with a crime and defends himself by arguing that he only committed the crime to avoid some greater evil. Bob is defending himself with a(n):
A. justification. B. exception. C. excuse. D. alibi
The M'Naughten rule, also known as the product rule, holds that an accused is not criminally responsible if his or her unlawful act was the product of mental disease or mental defect
The castle exception is an exception to the ________ rule.
A. affirmative defense. B. retreat. C. alter ego. D. last act
Excuses are affirmative defenses and must be raised by the defendant
The________________, which is incorporated into the Model Penal Code, says that a person is not responsible for criminal conduct if at the time of such conduct, and as a result of mental disease or defect, he or she lacked substantial capacity either to appreciate the criminality of the conduct or to conform the conduct to the requirements of the law.
A. Durham rule B. M'Naughten rule C. Federal Competency Exam D. American Law Institute's substantial capacity test
Ray watches Bob unlawfully start a fight with a stranger. The stranger begins to get the best of Bob, so Ray steps in to help Bob. Ray may NOT escape criminal liability by claiming that his action was the legitimate defense of others.
One rationale for the infancy defense is that children are too young to make a conscious:
A. syndrome-based defense. B. choice between good and evil C. choice to commit a
The insanity defense is raised in only about 1% of all criminal cases.