Criminal Law Chapter 5

25 February 2024
5 (50 reviews)
45 test answers

Unlock all answers in this set

Unlock answers (41)
question
A defense in which the defendant accepts responsibility for the act but claims what they did was right is called
answer
Justification
question
A defense in which the defendant admits the act but claims that, under the circumstances, they aren't legally responsible is called
answer
excuse
question
Circumstances that convince fact finders that defendants don't deserve the maximum penalty for the crime they're convicted of are called
answer
mitigating condition
question
Most defenses are perfect defenses; if they're successful, defendants are
answer
acquitted
question
Evidence that doesn't amount to a perfect defense might amount to an imperfect defense; that is, defendants are
answer
guilty or lesser offenses
question
The castle exception is an exception to what doctrine?
answer
the Retreat Doctrine
question
At the heart of the choice-of-evils defense is the necessity to prevent
answer
imminent danger
question
What kind of strike does the law not allow to form the basis of self-defense claims?
answer
Preemptive
question
Which of the following cases involves the "New York Subway Vigilante?"
answer
People v. Goetz (1986)
question
Defensive force may be used only if the threat or danger is
answer
Imminent
question
The general rule is that self-defense is available only against what type of attacks?
answer
Unprovoked
question
A person who was the initial aggressor can gain a lawful right to self-defense if they do which of the following from the incident they started?
answer
Completely withdraw
question
According to what rule does the government have a monopoly on the use of force; so when you use force, you're "taking the law into your own hands?"
answer
the rule of law
question
A person can use deadly force against an attacker whom the victim reasonably believes is going to cause them an injury less than death. The Attacker is said to be threatening
answer
Serious bodily injury
question
In some jurisdictions, a person must retreat before using defensive deadly force if
answer
He can with complete safety to himself and others
question
How many requirements are there to establish criminal liability?
answer
Three
question
What is the heart of self-defense?
answer
Necessity
question
Which of the following never justifies the use of force against another person?
answer
Retaliation
question
The retreat requirement is weakest or nonexistent when persons are attacked
answer
in their own homes
question
Which doctrine holds that a person does not have to retreat if he or she didn't start the fight, even if it is safely possible?
answer
The stand-your-ground rule
question
Supporters of the castle laws see them as the public reasserting what?
answer
Fundamental rights
question
Which of the following is the majority rule?
answer
The stand-your-ground rule
question
The law of self-defense is undergoing
answer
major transformation
question
Evidence that doesn't amount to a perfect defense might amount to a/an
answer
imperfect defense
question
The modern right to use force against those unlawfully entering the person's home generally
answer
does not include defense of the cartilage
question
Which of the following is a key requirement of the necessity defense?
answer
that no reasonable legal option exists for averting the harm
question
At the heart of the choice-of-evils defense is the necessity to prevent what kind of danger?
answer
Imminent danger
question
At the hear of the defense of consent is the high values placed on the right to
answer
individual autonomy
question
Self Defense consists of how many elements?
answer
four
question
The defense of consent recognizes the societal value of
answer
individual autonomy
question
Which of the following is recognized as a valid consent defense situation in most states?
answer
the injury happens during a sporting event
question
To provide a valid consent defense, the consent of the victim must be
answer
knowing and voluntary
question
In which of the following situations does the right to defend "others" not apply?
answer
preventing a sister from having and abortion
question
The case of The Queen v. Dudley and Stephens (1884) involves which defense?
answer
imminent necessity
question
Knowing consent means
answer
the person consenting understands what she's consenting to
question
Which of the following is not one of the elements of self-defense?
answer
Attack
question
Most self defense statutes require the belief in imminent danger to be honest and
answer
reasonable
question
English common-law required defendants pleading self-defense in homicide cases to prove that they had
answer
retreated to the wall
question
The retreat rule is the
answer
minority rule
question
When you're attacked in your home, you can stand your ground and use deadly force to fend off an unprovoked attack, but only if you reasonably believe the attack threatens death or serious bodily injury is known as the
answer
castle exception
question
Regarding defense of home and property, most statutes do not include what area?
answer
the curtilage
question
What state passed the first new castle doctrine?
answer
Florida
question
The Florida castle law abolished what?
answer
the duty to retreat rule
question
In March 2007, the American Prosecutors Research Institute (APRI) held a symposium consisting of prosecution, law enforcement, government, public health, and academic experts from 12 states. Which of the following is not one of their main concerns?
answer
Increased homocides
question
The Jennifer Galas case deals with the expansion of what law?
answer
New retreat laws