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Defenses to Crimes

Multiple Choice Quiz



1

An argument that would be part of a failure of proof defense would be
A)the defendant was not at the scene when the crime occurred
B)the defendant was misidentified as the offender
C)the defendant thought he was firing at a tree, rather than a human being
D)all of the above
2

A defense in which the defendant admits to the existence of all the necessary legal elements for criminal liability but offers one or more legally recognized reasons why he or she should nonetheless be acquitted is
A)an affirmative defense
B)an aggressor defense
C)a failure of proof defense
D)all of the above
3

A defense that suggests that the victim did something to warrant the defendant's conduct is
A)an excuse defense
B)a failure of proof defense
C)a justification defense
D)an aggressor defense
4

An example of an excuse defense is
A)the crime was committed by a 5-year-old child, too young to form mens rea
B)a defendant argues that he killed a man who attacked him with deadly force
C)a defendant argues that his criminal act prevented a greater criminal act from occurring
D)all of the above
5

Which of the following is not a justification-based defense?
A)self-defense
B)defense of others
C)failure of proof
D)necessity
6

An element that must be proved for an acquittal based on the argument of self-defense is
A)the necessity of using force
B)the proportionality of the force to the threat
C)the reasonableness of the belief that force was necessary
D)all of the above
7

A case in which a person can argue self-defense even if an attack was not imminent would be in the case of
A)a person who kills an attacker during a fight in a bar
B)a battered wife who kills her husband after years of abuse
C)a person who is defending his or her child
D)a person who is defending his or her home
8

Under the MPC, a condition that must be met in order for the defense of another to be asserted is
A)the actor must use such force as he or she would be entitled to use in his or her own self-defense
B)under the circumstances as the actor believes them to be, the third person must be legally justified in using such protective force
C)the actor must believe that his or her action is necessary for the protection of the third person
D)all of the above
9

Under the MPC, a person defending his or her home
A)may use deadly force to prevent the trespass
B)may use deadly force if he or she reasonably believes the intruder is armed
C)may use reasonable, but not deadly force
D)may use deadly force if the intrusion is accompanied by a threat of deadly force
10

Which of the following is not an instance in which law enforcement officers are allowed to use non-deadly force?
A)to force a suspect to confess to a crime
B)to stop and arrest someone who is committing a crime
C)to prevent an escape from custody
D)to suppress riots and disorders
11

Which of the following is not a condition that must be met in order for a police officer to use deadly force to make an arrest to prevent an escape?
A)when the officer believes force is necessary
B)when the arrest is for a felony or a serious misdemeanor
C)when the officer makes known to the suspect the purpose of the arrest
D)when the officer believes that the use of deadly force creates no substantial risk of harm to innocent bystanders
12

The defense that is sometimes called the "lesser of two evils" is
A)necessity
B)self-defense
C)law enforcement defense
D)battered woman's defense
13

A person who commits an unlawful act because of the threat of imminent death or serious bodily injury is entitled to assert the defense of
A)coercion
B)duress
C)intoxication
D)diminished capacity
14

A person who cannot rationally consult with his attorney may be deemed
A)insane
B)incompetent
C)incontinent
D)intoxicated
15

Under the MPC test for insanity
A)it must be proved that at the time of the offense, the accused was laboring under such a mental illness as to not know that the action was wrong
B)the accused must be found not guilty if the fact-finder concludes that the accused had a mental disease that kept him or her from controlling his or her conduct
C)a person is not responsible for his criminal conduct if he or she lacked substantial capacity to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of the law
D)a person is excused if he or she proves by clear and convincing evidence that at the time of the offense, as a result of a severe mental disease or defect, he or she was unable to appreciate the nature and quality of his act