Chapter 5: Defenses to Criminal Liability: Justifications
CHAPTER 5
Defenses to Criminal Liability: Justifications
MULTIPLE CHOICE
1. A defense in which the defendant accepts responsibility for the act but claims what
they did was right is called
a.
justification.
b.
excuse.
c.
rationalization.
d.
claim of right.
2. A defense in which the defendant admits the act but claims that, under the
circumstances, they aren’t legally responsible is called
a.
justification.
b.
excuse.
c.
claim of right.
d.
mitigating condition.
3. In many jurisdictions, affirmative defenses typically have to be proven by the
defendant
a.
beyond probable cause.
b.
by a preponderance of the evidence.
c.
by clear and convincing evidence.
d.
beyond a reasonable doubt.
4. Most defenses are perfect defenses; if they’re successful, defendants are
a.
committed.
b.
convicted.
c.
acquitted.
d.
sentenced.
5. Evidence that doesn’t amount to a perfect defense might amount to an imperfect
defense; that is, defendants are
a.
committed to a mental hospital.
b.
entitled to an acquittal.
c.
entitled to a sentence reduction.
d.
guilty of lesser offenses.
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6. The castle exception is an exception to what doctrine?
a.
the retreat doctrine
b.
the stand-your-ground doctrine
c.
the justification doctrine
d.
the excuse doctrine
7. At the heart of the choice-of-evils defense is the necessity to prevent
a.
imminent danger.
b.
crime.
c.
rape.
d.
murder.
8. What kind of strike does the law not allow to form the basis of self-defense claims?
a.
deadly
b.
less than deadly
c.
conventional
d.
preemptive
9. Which of the following cases involves the “New York Subway Vigilante?”
a.
State v. Harold Fish (2009)
b.
People v. John Gray et al. (1991)
c.
People v. Goetz (1986)
d.
State v. Thomas (1997)
10. Defensive force may be used only if the threat or danger is
a.
perfunctory.
b.
mandatory.
c.
contingent.
d.
imminent.
11. The general rule is that self-defense is available only against what type of attacks?
a.
justified
b.
legal
c.
excusable
d.
unprovoked
Chapter 5: Defenses to Criminal Liability: Justifications
12. 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?
a.
renounce themselves
b.
completely withdraw
c.
irrevocably abbreviate themselves
d.
tangentially abstain
13. In which of the following cases did the Ohio supreme court based its decision on the
idea that a battered woman has “already retreated to the wall?”
a.
State v. Harold Fish (2009)
b.
People v. John Gray et al. (1991)
c.
People v. Goetz (1986)
d.
State v. Thomas (1997)
14. 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
a.
broken bones.
b.
serious bodily injury.
c.
permanent bodily injury.
d.
harmful bodily injury.
15. In some jurisdictions, a person must retreat before using defensive deadly force if
a.
they can reasonably do so in safety.
b.
they were not the original attacker.
c.
the attacker demands they retreat or die.
d.
the attacker refuses to retreat.
16. How many requirements are there to establish criminal liability?
a.
one
b.
two
c.
three
d.
four
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17. Which of the following cases involves the choice to commit a lesser crime to avoid an
imminent threat of harm?
a.
State v. Harold Fish (2009)
b.
People v. John Gray et al. (1991)
c.
People v. Goetz (1986)
d.
State v. Thomas (1997)
18. Which of the following never justifies the use of force against another person?
a.
retaliation
b.
self-defense
c.
defense of someone other than yourself
d.
an imminent attack
19. The retreat requirement is weakest or nonexistent when persons are attacked
a.
in a public place.
b.
in their own homes.
c.
in a government building.
d.
indoors.
20. 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?
a.
the stand-your-ground rule
b.
the self-defense rule
c.
the preemptive-strike rule
d.
the self-preservation rule
21. Supporters of the castle laws see them as the public reasserting?
a.
fundamental rights
b.
gun rights
c.
freedom of speech rights
d.
defense attorney rights
22. Which of the following is the majority rule?
a.
the stand-your-ground rule
b.
the retreat rule
c.
both
d.
neither
23. The law of self-defense is undergoing
a.
no change currently.
b.
major transformation.
c.
minor transformation.
d.
nothing.
24. Evidence that doesn’t amount to a perfect defense might amount to a/an
a.
imperfect defense.
b.
special defense.
c.
specific defense.
d.
rational defense.
25. The modern right to use force against those unlawfully entering the person’s home
generally
a.
does not include defense of the cartilage.
b.
does not include deadly force.
c.
applies only to nighttime intrusions.
d.
requires that the intruder specifically threaten the occupants of the home.
26. Which of the following is a key requirement of the necessity defense?
a.
that no reasonable legal option exists for averting the harm
b.
that a reasonable legal option exists for averting the harm
c.
that a significant reasonable legal option exists for averting the harm
d.
that a specific reasonable legal option exists for averting the harm
27. At the heart of the choice-of-evils defense is the necessity to prevent what kind of
danger?
a.
imminent danger
b.
unavoidable danger
c.
deadly danger
d.
serious danger
28. At the heart of the defense of consent is the high value placed on the right to
a.
bear arms.
b.
a jury trial.
c.
free speech.
d.
individual autonomy.
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29. Which of the following is not one of the three elements of self-defense in cases
involving coinhabitants?
a.
the defendant was not at fault in creating the violent situation
b.
the defendant had a bona fide belief that she was in imminent danger of death or
great bodily harm and that her only means of escape was the use of force
c.
the defendant did not violate any duty to retreat or avoid the danger
d.
the defendant knew that the perpetrator had a weapon
30. The defense of consent recognizes the societal value of
a.
individual autonomy.
b.
a person’s right to die if they want to.
c.
a person’s right to refuse medical care.
d.
self-fulfillment.
31. Which of the following is recognized as a valid consent defense situation in most
states?
a.
a person consents to be killed
b.
a person consents to a crime being committed on their children
c.
the injury happens during a sporting event
d.
statutory rape
32. To provide a valid consent defense, the consent of the victim must be
a.
objectively reasonable and imminent.
b.
knowing and voluntary.
c.
in writing and authorized.
d.
given after the crime occurs.
33. In which of the following situations does the right to defend “others” not apply?
a.
defending a spouse from assault
b.
defending a parent from assault
c.
preventing the rape of a friend
d.
preventing a sister from having an abortion
Chapter 5: Defenses to Criminal Liability: Justifications
34. The case of The Queen v. Dudley and Stephens (1884) involves which defense?
a.
the general principle of necessity
b.
the castle doctrine
c.
the Good Samaritan defense
d.
unprovoked attack defense
35. Knowing consent means
a.
the person consenting is too young to understand what she’s consenting to.
b.
the person consenting understands what she’s consenting to.
c.
consent was the product of free will.
d.
consent was not the product of force.
TRUE/FALSE
1. Deadly force may never be used for defense.
a. true
b. false
2. Insanity is an example of a justification defense.
a. true
b. false
3. In both justifications and excuses, the defendant admits doing the criminal act.
a. true
b. false
4. For affirmative defenses, the burden of production is on the defendant.
a. true
b. false
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5. An imperfect defense, such as imperfect self-defense, may, in some jurisdictions,
reduce a murder to manslaughter.
a. true
b. false
6. The retreat rule is the minority rule.
a. true
b. false
7. Self-defense laws have not changed in many years and are not currently changing.
a. true
b. false
8. The initial aggressor or attacker can never claim self-defense.
a. true
b. false
9. The four elements of self-defense are unprovoked attack, necessity, proportionality,
and reasonable belief.
a. true
b. false
10. In all jurisdictions, a person must retreat from their home if they can safely do so
before using deadly force.
a. true
b. false
11. In the justification defenses, defendants admit they were responsible for their acts but
claim what they did was right (justified) under the circumstances.
a. true
b. false
Chapter 5: Defenses to Criminal Liability: Justifications
12. The law of self defense is undergoing major transformation.
a. true
b. false
13. The Model Penal Code choice-of-evils provision contains five elements.
a. true
b. false
14. At the heart of the defense of consent is the high value placed on group autonomy in a
free society.
a. true
b. false
15. The “New Castle Doctrine” laws are transforming the law of self-defense.
a. true
b. false
16. Most deadly force statutes do not include the curtilage.
a. true
b. false
17. The American Prosecutors Research Institute Symposium experts saw one possible
positive effect of the castle laws—that they’ll deter crime.
a. true
b. false
18. Force may lawfully be used as a preemptive strike against a potential attacker.
a. true
b. false
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19. A classic excuse defense is insanity.
a. true
b. false
20. Retribution is the heart of the defense of self-defense.
a. true
b. false
COMPLETION
1. In the defenses, defendants admit they were responsible for their acts
but claim what they did was right.
2. In the defenses, defendants admit what they did was wrong but claim
that, under the circumstances, they weren’t responsible for what they did.
3. Most justifications and excuses are defenses.
4. In some jurisdictions, if defendants meet the burden of production, they also have to
bear the burden of .
Chapter 5: Defenses to Criminal Liability: Justifications
5. The Personal Protection Law (2009) became the model for most of
the new castle laws.
6. A(n) _____________ defense is one which only reduces the conviction to a lesser
offense.
7. A _____________ defense is one that, if established, requires an acquittal.
8. The choice to commit a lesser crime to avoid a(n) threat of harm
from a greater crime is justified.
9. There is no duty to from your own home to avoid using deadly force.
10. The law of self defense is undergoing major .
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ESSAY
1. Discuss the differences between justification and excuse defense. Be sure to give an
example of each.
2. List and explain the four elements of self-defense. Are there any exceptions to any of
these elements? If so, explain.
3. Explain the choice-of-evils defense and present an example.
4. Discuss the general rules on the use of force and deadly force. Be sure to provide
examples.
Chapter 5: Defenses to Criminal Liability: Justifications
5. The general rule regarding self-defense is that a person must retreat if they can safely
do so before using deadly force. Explain the “castle exception” to this rule.