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Chapter 14: Criminal Responsibility And Defenses 1. At common law, a child under age seven could not be held responsible for any crime. Answer: True 2. Voluntary intoxication is recognized as a defense to all statutory crimes. Answer: False 3. In American courts, a mistake of fact can be a defense only to negate the defendant’s specific intent. Answer: False 4. The concept of a defendant being allowed to plead the statute of limitations as a defense is derived from the common law. Answer: False 5. A defendant who pleads duress admits commission of the alleged criminal act but denies any criminal intent. Answer: True 6. A homeowner may under all circumstances use deadly force for self-protection in his or her dwelling. Answer: False 7. At common law, a person had the right to use reasonable force to prevent commission of a felony or to protect members of his household who were endangered. Answer: True 8. The Fifth Amendment to the U.S. Constitution has been interpreted to require that courts must grant transactional immunity to a witness who testifies after invoking the privilege against compulsory self-incrimination. Answer: False 9. The defense of double jeopardy does not preclude the state from retrying a defendant who has been granted a new trial on a defendant’s appeal claiming an error occurred during the trial. Answer: True 10. Although entrapment was not a defense at common law, it may now be pled as a defense in all federal and state jurisdictions. Answer: True 11. An affirmative defense is one in which the defendant denies committing the crime or claims that the prosecution lacks sufficient evidence of the defendant’s guilt. Answer: False 12. While the prosecution always carries the burden of proving the defendant’s guilt beyond a reasonable doubt, courts generally require a defendant to prove an affirmative defense by a preponderance of the evidence. Answer: True 13. Statutes or court rules commonly require that to assert alibi as a defense, a defendant must notify the prosecution in advance of trial and furnish the names of witnesses the defendant intends to use to support the alibi. Answer: True 14. The English common law excused from criminal responsibility persons who became voluntarily intoxicated before committing criminal acts. Answer: False 15. Where a mistaken view of the law negates the specific-intent element of a crime, mistake of law can be a defense. Answer: True 16. Some states provide for verdicts of guilty but mentally ill, while others have abolished the defense of insanity altogether. Answer: True 17. At common law, a person attacked had no duty to retreat before using deadly force in selfdefense. Answer: False 18. The law has traditionally applied an objective test for the use of deadly force, but today many courts apply a subjective standard of reasonableness to determine whether circumstances are sufficient to induce an honest and reasonable belief that force must be used. Answer: True 19. The common law “castle doctrine” permits the use of deadly force against an intruder into a dwelling, but does not justify using deadly force in taking a life to repel a mere trespass. Answer: True 20. Under the English common law, one who committed murder had to be charged within a year and a day after the victim died. Answer: False 21. Karen is browsing around a public library. She has no library card nor does she have permission to borrow books, yet she leaves with several books under her arm. At Karen’s trial for petit theft, she claims that she had an “irresistible impulse” to take the books. In a state that follows the M’Naghten Rule, Karen has a good defense of ______. a. mistake of law b. insanity c. mistake of fact d. None of these Answer: D 22. Which of the following statements is incorrect? a. At the time the United States was founded, juvenile offenders were adjudicated separately from adults. b. As a result of courts handling youthful offenders in nonadversarial proceedings many youthful offenders were not rehabilitated, nor were they afforded even the most basic constitutional rights accorded adults in the criminal justice system. c. Although juvenile courts remain a part of the judicial scene, statutes commonly provide that for certain offenses a juvenile may be tried as an adult. d. Under federal law, a juvenile is a person who has not attained age 18 at the time of the commission of an offense. Answer: A 23. Which one of the following defenses does not relate to a defendant’s capacity to comprehend his or her actions? a. Infancy b. Intoxication c. Insanity d. duress Answer: D 24. Which of the following has been judicially recognized as a defense to criminal conduct? a. television intoxication b. necessity c. premenstrual syndrome d. victim’s negligence Answer: B 25. Which one of the following statements is INCORRECT? a. Most courts reject the common-law doctrine that requires a person to retreat to the greatest extent possible before meeting force with force. b. When there is evidence that a child has been abused continually over an extended period, there is a movement today to allow assertion of the battered child syndrome (BCS) in defense of a child accused of assaulting or killing a parent. c. If someone is killed or injured as a result of a spring gun or similar mechanical device, the party who set a spring gun is not criminally responsible for any resulting death or injury caused by the spring gun. d. The privilege against self-incrimination guaranteed by the federal constitution is a personal one that applies only to natural persons and not corporations. Answer: C 26. Which one of the following statements is CORRECT? a. Although juvenile courts remain as part of the judicial scene, statutes commonly provide that for certain offenses a juvenile may be tried as an adult. b. The only defenses that are based on a defendant asserting an excuse or justification: are mistake of law and mistake of fact. c. A person who violates a statute based on advice of counsel has a valid defense for violating the law. d. Federal and state courts hold threats of future harm can be sufficient to constitute the defense of duress. Answer: A 27. The Insanity Defense Reform Act of 1984 provides that in federal courts _________. a. the ALI “substantial capacity” test for insanity must be followed b. the “irresistible impulse” test may be applied at the discretion of the trial judge c. the defendant has the burden of proving insanity by clear and convincing evidence d. the government must prove the defendant’s sanity at the time of the crime Answer: C 28. Which one of the following statements concerning a person’s use of force is INCORRECT? a. The trend of American law is to allow a person to “stand in the shoes of the victim.” b. A police officer may use deadly force to prevent any felon from escaping custody. c. A person is generally justified in using reasonable force to protect personal and real property from theft or destruction. d. In general, the use of deadly force is restricted to situations involving a substantial risk of death or serious bodily injury to a potential victim. Answer: B 29. To sustain the defense of selective prosecution, a defendant must establish ________. a. that he or she is a member of a minority group b. actual malice by the police c. that he or she was selected for prosecution for reasons such as race, religion, or exercise of First Amendment rights d. that the police intended to use the criminal law in a discriminatory fashion Answer: C 30. Which of the following statements is INCORRECT? a. The defense of duress is recognized in American law either by statute or court decisions. b. The defense of necessity has been successfully employed in some instances in American courts. c. Some jurisdictions now permit a female charged with aggravated assault of a male to show that even though she did not face immediate harm, her plea of self-defense should be recognized because her actions were in response to being constantly battered by the man with whom she lived. d. The right of a person to defend his or her personal property is based on the same standard as the right of a person to defend his or her home. Answer: D 31. If consent negates the element of force, it may in some instances be a defense to _________. a. forcible rape b. murder c. statutory rape d. None of these Answer: A 32. A defense that must be specifically pled is classified as a (an) _______ defense. a. affirmative b. negative c. arraignment d. novel Answer: A 33. There are four defenses asserting the lack of capacity to commit a crime: intoxication, ________, insanity and automatism. a. alibi b. infancy c. infirmity d. duress Answer: B 34. The common law regarded a child under age ______ as incapable of forming criminal intent. a. seven b. ten c. twelve d. eighteen Answer: A 35. In most jurisdictions, voluntary intoxication may be considered in determining whether a defendant can formulate the ___________ required to prove such crimes as larceny, burglary, and premeditated murder. a. general intent b. actus reus c. culpability d. specific intent Answer: D 36. Involuntary ___________ rarely occurs, but when it does, it can negate criminal intent. a. intoxication b. manslaughter c. solicitation d. confession Answer: A 37. Few cases have caused as great a concern as the verdict finding __________ not guilty by reason of insanity in his trial for the 1981 shooting of President Ronald Reagan. a. Robert Peel b. John David Chapman c. John Hinckley d. Edward Teach Answer: C 38. Under the __________ Rule, it must be clearly proved that, at the time of committing the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know what he was doing was wrong. a. Durham b. M’Naghten c. ALI d. Freeman Answer: B 39. Under the American Law Institute’s standard, a person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, that person lacks ___________ either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law. a. rudimentary ability b. thorough capability c. substantial capacity d. any means whatsoever Answer: C 40. The “___________” standard of proof is higher than the usual civil evidentiary standard of “preponderance of the evidence” but somewhat lower than the standard of “beyond a reasonable doubt” that pertains to the criminal trial. a. totality of circumstances b. reasonable suspicion c. clear and convincing evidence d. probable cause Answer: C 41. In some states where insanity is classified as an affirmative defense, the defendant bears the burden of proof of insanity, usually by ___________. a. a preponderance of the evidence b. clear and convincing evidence c. a showing of probable cause d. substantial capacity Answer: A 42. A defendant who claims to have been at a place other than where the crime charged occurred would likely assert the defense of __________. a. infirmity b. mistake of fact c. alibi d. entrapment Answer: C` 43. Which of the following statements is INCORRECT? a. Courts generally recognize a mistake of fact defense in general-intent crimes only if the mistake is a reasonable one. b. An unreasonable mistake may be asserted as a defense to a specific-intent crime. c. A bona fide mistake of fact is generally considered a defense to a strict liability offense. d. At common law a defendant who made a bona fide mistake of fact could defend on that basis. Answer: C 44. Which one of the following defenses was not based on English common law? a. duress b. necessity c. mistake of fact d. statute of limitations Answer: D 45. Which one of the following defenses is based on constitutional authority? a. diplomatic immunity b. insanity c. double jeopardy d. alibi Answer: C 46. The common law recognized that _______ can be a defense to criminal charges if the defendant had been subjected to threats of harm that led to well-grounded apprehensions of death or serious bodily harm if the prohibited act was not done. Answer: duress 47. Whereas in duress the situation has its source in the actions of others, in the defense of ________ forces beyond the actor’s control are said to have required a person’s choice of the lesser of two evils. Answer: necessity 48. Although there are some exceptions, historically courts have said that a victim’s ___________ is not a defense to a criminal prosecution. Answer: consent 49. In __________ offenses, the defense of mistake of fact is unavailing because these offenses are not based on intent. Answer: strict liability 50. The defense of _______ is raised by a defendant who claims to have been at a place other than where the crime allegedly occurred. Answer: alibi 51. At common law a person attacked had a duty to “___________.” before using deadly force in self-defense. Answer: retreat to the wall 52. ___________ immunity protects a witness from prosecution for any activity mentioned in the witness’s testimony. Answer: Transactional 53. Under international law, a person who has diplomatic status is immune from arrest and prosecution, thus enjoying ____________. Answer: diplomatic immunity 54. A statute of ______ is a legislative enactment that places a time limit on the prosecution of a crime. Answer: limitations 55. ____________ can become a viable defense where a defendant can establish that others similarly situated have not been prosecuted for conduct similar to the defendant’s and the defendant’s prosecution is based on grounds such as race, religion, or exercise of First Amendment rights. Answer: Selective prosecution 56. An ___________ defense is one in which the defendant admits to the criminal act but denies criminal responsibility. Answer: affirmative 57. Defenses asserting lack of capacity to commit a crime include infancy, intoxication, insanity, and ___________. Answer: automatism 58. Based on a famous 19th century English case, the ___________ became the test for insanity in federal and state courts in the United States. Answer: M’Naghten Rule 59. English common law conclusively presumed that a child younger than _______ could not commit a crime. Answer: seven 60. The ALI standard provides that persons are not responsible for criminal conduct if they lack ___________ either to appreciate the wrongfulness of their conduct or to conform their conduct to the requirements of the law. Answer: substantial capacity 61. A ___________ is a legislative enactment that places a time limit on the prosecution of a crime. Answer: statute of limitations 62. ___________ consists of law enforcement inducing a person who is predisposed to commit a crime to commit that crime. Answer: Entrapment 63. Authority to grant immunity in ___________ courts is vested in the U.S. Attorney General. Answer: federal 64. The U.S. Constitution provides that members of ____________ are privileged from arrest during attendance at and in going to or from legislative sessions. Answer: Congress 65. Some states grant ___________ immunity to a witness who testifies under a grant of immunity, which protects that witness from prosecution for any activity mentioned in his or her testimony. Answer: transactional Wilbur and Orville are walking home in a torrential rainstorm. About half a mile from their destination, they spot a tornado heading right for them. They quickly duck into a nearby shed to seek shelter from the storm. The storm ends up taking the roof off the shed, but Wilbur and Orville survive. It turns out that police had video cameras in place to conduct surveillance of this shed, as they believed that child pornography sales were occurring there on a regular basis. Police use this video to identify Wilbur and Orville as suspected purveyors of child porn. Over the next 3 years, police send over 500 mailings to their home address encouraging them to subscribe to a magazine depicting illicit images of children. Finally, on the 501st mailing, Wilbur subscribes. When the magazine arrives, he is arrested for possession of child porn. 66. Which Supreme Court case will best assist Wilbur’s lawyers in having the child porn charges dismissed? a. Clark v. Arizona b. Lambert v. California c. Jacobson v. United States d. Waite v. United States Answer: C 67. In terms of a potential criminal charge for trespassing in regard to their entering the shed, Wilbur and Orville should be able to successfully assert a defense of: a. alibi b. duress c. necessity d. insanity Answer: C 68. In terms of the criminal charge for possession of child pornography, Wilbur will likely assert a defense of: a. entrapment b. duress c. necessity d. alibi Answer: A 69. Both defenses that will be put forth in this scenario can be classified as: a. affirmative defenses b. negative defenses c. insanity defenses d. alibi defenses Answer: A A pizza delivery boy shows up at a house on Misty Meadow Lane to make a delivery. When he gets there, he is greeted by Sam Slayer, a notorious criminal. Slayer holds a gun to the delivery boy’s head while criminal associates attach a bomb to the boy’s body. The boy is then instructed to enter a local bank, announce that he is there to rob the place, and demand $250,000. He does as he is told, and enters the bank announcing that a robbery is in progress. However, the boy is then grabbed by a security guard. The guard disarms the bomb before Slayer and his associates can denote it. The boy, Slayer, and Slayer’s associates are all arrested for committing a bank robbery. 70. Lawyers for the pizza delivery boy will assert which defense against his charge of bank robbery? a. alibi b. necessity c. duress d. entrapment Answer: C 71. Slayer and his associates submit that their economic plight (“being broke”) compelled them to take drastic measures to earn money. This defense might be deemed economic duress and is ___________ in court. a. often employed but rarely successful b. rarely employed and almost never successful c. often employed and often successful d. rarely employed but often successful when employed Answer: B 72. The defenses that will be put forth in this scenario are likely to place the burden of proof on the: a. prosecution to make the case beyond a reasonable doubt. b. defendant to make the case by a preponderance of the evidence. c. prosecution to make the case by a preponderance of the evidence. d. defendant to make the case beyond a reasonable doubt. Answer: B 73. The defenses put forth in this section are often used successfully as a defense against a homicide charge. a. True b. False c. True, but only in the state cases d. True, but only in federal cases Answer: B Michael Brinkley, a diagnosed paranoid schizophrenic, believes that aliens have instructed him to kill the president. He begins by sending letters threatening the president. He also purchases a gun from a nearby pawn shop (one that fails to conduct an appropriate background check). Brinkley then flies to Washington, D.C. Luckily, at Dulles Airport, he picks up the wrong piece of luggage at baggage claim. He shows up at the White House, opens this incorrect bag which happened to looked like his, and is upset when he doesn’t see his gun. He instead grabs a nearby rock and throws it at the White House, screaming “Die.” Nearby law enforcement agents arrest him and he is charged with several counts related to making threats against the President of the United States. 74. Brinkley’s act of accidentally grabbing the wrong piece of luggage at the airport is most likely to be: a. deemed a mistake of fact and not result in criminal charges b. result in a criminal theft charge c. result in a criminal charge that is later dismissed due to the irresistible impulse test. d. thrown out based on the castle doctrine Answer: A 75. Brinkley’s attorney will claim that, at the time of committing his crimes, the defendant, as a result of serious mental disease or defect, did not understand the nature and quality of his actions or could not tell right from wrong. This attorney is relying upon the: a. M’Naghten Rule b. ALI insanity standard, or Freeman Rule c. Durham Test d. Blockburger Test Answer: A Test Bank for Criminal Law and Procedure John M. Scheb 9781285070117, 9781285690292, 9781285546131

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