Chapter 6 Self defense And The Defense Others

subject Type Homework Help
subject Pages 14
subject Words 1638
subject Authors Terry M. Anderson, Thomas J. Gardner

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True / False
1. The law regarding the use of deadly force in making an arrest is exactly the same from state to state.
a. True
b. False
2. Not only police officers, but any person, may use reasonable force to defend another person against unlawful
force or interference.
a. True
b. False
3. When acting in self-defense, all states impose a duty to retreat prior to the use of deadly and non-deadly force.
a. True
b. False
4. Nothavingtoretreatbeforeusingdefensiveforceinone’shomeisknownasthe“castledoctrine.”
a. True
b. False
5. Instatesthathaveadopted“standyourground”laws,severelimitshavebeenplacedontheuseofdeadlyforce
by the occupant of a dwelling.
a. True
b. False
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6. The Fourth Amendment is not violated by an arrest based on probable cause, even though the wrong person is
arrested.
a. True
b. False
7. Only parents may use reasonable force in disciplining children.
a. True
b. False
8. Booby traps and spring guns may not lawfully be used to protect property.
a. True
b. False
9. Deadly force may never be used by a police officer in an attempt to seize an individual.
a. True
b. False
10. A citizen is never authorized to use deadly force against another citizen; only police may use deadly force against
another person.
a. True
b. False
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Multiple Choice
11. Key points in determining the lawfulness of force used in self-defense include all of the following except:
a. unlawfulness
b. necessity
c. reasonableness
d. whether the assailant is armed or not
12. To be lawful, force used in self-defense or defense of another must be both reasonable and
a. sufficient
b. nondeadly
c. immediately necessary
d. preventable
13. Should a 70-year-old, 100 pound woman begin to hit a 25-year-old, 200-pound man with an umbrella, the man
may
a. defend himself by taking the umbrella away from the woman
b. seize the umbrella and strike the woman with it
c. use any force, including deadly force
d. retreat, but cannot otherwise defend himself
14. The amount of force used in self-defense or defense of another must, under the circumstances that exist, be
a. correct
b. reasonable
c. identical
d. less than the force being used by the aggressor
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15. The castle doctrine states that people who have been assaulted in their homes by a trespasser have no duty to
retreat or flee but may stand their ground and use such force as is necessary and
a. reasonable to defend themselves
b. required to defend themselves
c. sensible to defend themselves
d. fair to defend themselves
16. TheFlorida“standyourground”lawcreatesapresumptionthatahomeownerhasareasonablefearofimminent
peril or death whenever another person unlawfully and
a. forcefully enters the dwelling
b. illegally enters the dwelling
c. willingly enters the dwelling
d. readily enters the dwelling
17. Which of the following reasons does not help explain why use of deadly force is currently forbidden in the defense
of property?
a. today, few items of property are vital to survival
b. today, many items of personal property are insured against loss
c. today, law enforcement agencies are readily available to assist individuals confronted with theft
d. today, property is considered communally owned
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18. A person assaulted in their home by a trespasser has no duty to retreat and may use necessary force based upon
what doctrine?
a. trespasser
b. homeowner
c. aggressor
d. castle
19. Instatesthathaveadopted“makemyday”rules,theoccupantofadwelling
a. may not use deadly force against an intruder
b. may use necessary, but not deadly force against an intruder
c. may use deadly force against an intruder
d. must retreat rather than use force against an intruder
20. To lawfully use deadly force in self-defense, what kind of fear of imminent death or great bodily harm must exist?
a. reasonable
b. subjective
c. actual
d. substantial
21. If force in making arrests should be necessary because of resistance or an attempt to escape, the officer may use
only such force as is reasonably believed necessary to achieve all of the following except
a. detain the offender, make the arrest, and conduct lawful searches
b. overcome any resistance by the offender
c. prevent an escape and retake the person if an escape occurs
d. err on the side of too much force
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22. According to the U.S. Supreme Court, the Fourth Amendment applies to use of force by a police officer because
the Fourth Amendment provides an explicit textual source of constitutional protection against this sort of
a. physically intrusive governmental conduct
b. inappropriate governmental conduct
c. abusive governmental conduct
d. physically abusive governmental conduct
23. Today, most states prohibit the use of what kind of force to protect property?
a. physical
b. imminent
c. reasonable
d. deadly
24. In most, if not all states, the use of booby traps is
a. unlawful
b. lawful
c. lawful only if injury does not result in death
d. subject to civil penalties only
25. When an uncooperative driver refuses to submit to a breath or urine test police have begun
a. taking forced blood samples from these uncooperative drivers
b. taking forced breath tests from these uncooperative drivers
c. taking forced urine samples from these uncooperative drivers
d. none of these answers is correct
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26. Whether excessive force was used by police in making an arrest will be analyzed under the Fourth Amendment
and what standard?
a. due process
b. equal protection
c. reasonableness
d. necessary
27. State laws regarding the use of deadly force in making arrests must comply with the requirements established by
the U.S. Supreme Court in which case?
a. Miranda v. Arizona
b. Mapp v. Ohio
c. Ingraham v. Wright
d. Tennessee v. Garner
28. Based on the Fourth Amendment, police officers may use deadly force when seizing a fleeing suspect
a. when the offense is a felony
b. when the offense is a felony and the suspect poses a threat to safety
c. regardless of the seriousness of the offense
d. if it appears the suspect will escape
29. State laws and police regulations regarding the use of deadly force must conform to the requirements established
by the U.S. Supreme Court in
a. Tennessee v. Garner and Graham v. Connor
b. Tennessee v. Garner and Couture v. Com.
c. Tennessee v. Garner and State v. Escamilla
d. Tennessee v. Garner and People v. Miller
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30. What doctrine states that a person in his home is justified in using reasonable force, including deadly force, in
response to an assault in their home?
a. the castle doctrine
b. the queen doctrine
c. the king doctrine
d. the“makemyday”doctrine
31. “Standyourground”lawschange what doctrine in many states by adopting a presumption that a homeowner has
a fear of imminent peril whenever he is attacked in his home?
a. the castle doctrine
b. the“makemyday”doctrine
c. the Brown doctrine
d. the Garner doctrine
32. A police officer may use non-deadly force in all of the following situations except
a. detain a suspect
b. protect him/herself from harm
c. protect others from harm
d. when the suspect is fully cooperative
33. Actionsbypoliceofficersusingforcetoarrestasuspectare“seizures”ofthesuspect,andthusundertheFourth
Amendment must be
a. reasonable
b. rational
c. non-deadly
d. safe
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34. Whenstoppingapersonforinvestigativepurposesbasedupon“reasonablesuspicion,”officersmayuse
a. no force, only verbal warnings
b. reasonable and necessary force given the circumstances
c. their hands, but no devices, to control the subject
d. deadly force
35. State laws or regulations stating how and when police officers may use force must also comply with the
a. Fourth Amendment
b. Fifth Amendment
c. Sixth Amendment
d. Seventh Amendment
36. The term “inlocoparentis”refers to
a. transporting mental patients
b. people who take the place of parents
c. when parents are present
d. adoptive parents
37. In determining what constitutes a crime of child abuse, consideration will be given to
a. the age, size, and health of the child
b. the reason for the discipline
c. the gender of the child
d. the age, size, and health of the child, and the reason for the discipline
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38. As long as it is reasonable, a child may be disciplined by all of the following except
a. parents
b. any person in loco parentis
c. public school teachers
d. another student
39. Who may not use deadly force when faced with the threat of death or serious bodily harm to the officer or
another?
a. a police officer
b. a probation officer
c. a person nearby
d. All may use deadly force
40. Laws that encourage people to come to the aid of another are referred to as
a. Good Friend laws
b. Good Samaritan laws
c. Friendly Neighbor laws
d. Helping Hands laws
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John“steroidarms”BuffpicksafightwithJames“noarms”Smalls.JohnbeginstopunchJamesinthefaceover
and over again for no reason at all. James tries to fight back and in doing so he knocks John down on the ground
where John hits his head a rock and dies. James is arrested and charged with the murder of John.
41. At trial James argues that John attacked him and that he was just defending himself. This is referred to as
a. self-Insane protection
b. protection against others
c. self-defense
d. defense-self
42. During the above altercation, a passerby jumped in to help out James because he could easily see that John was
creating a ton of damage to his face with his punches. The assistance by the passerby is referred to as
a. self-defense
b. defense of another
c. another’sselfdefensemodel
d. model of defense action
43. During the above altercation, there is a law that is present that encourages bystanders to help out those who are
being attacked or who are in danger, etc. This is called
a. Good bystander laws
b. Good passerby laws
c. Good Samaritan laws
d. Good innocent person laws
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44. John was killed in the above altercation. What type of force was actually used?
a. Reasonable
b. Justified
c. Deadly
d. Homicide
Johnny "sneaky" Burgle sneaks into his neighbor's house through a basement window and begins to conceal items
into this large bag. Johnny "sneaky" Burgle accidentally knocked over a vase, which made a loud noise when it
broke. This noise woke up the home owner. The home owner confronted Johnny and ordered him out of his house.
45. Because Johnny was burglarizing his home the home owner can use what type of force?
a. Deadly force
b. Deadly but not deadly force
c. Non-deadly force
d. No force at all.
46. Johnny "sneaky" runs out of the house when he is confronted by the home owner and while he is running down the
street a police officer confronts him and orders him to stop. Johnny stops, shows no weapons or other items of
dangerous threats, but does not comply with the officer's orders and is refusing to be arrested. The police officer
may use what type of force to execute this arrest?
a. Deadly force
b. Deadly but not deadly force
c. No force at all
d. Non-deadly force
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47. Johnny "sneaky" runs out of the house when confronted by the home owner. A police officer orders him to stop and
tells Johnny that he is under arrest. Johnny pulls out a knife and charges the officer in an attempt to kill him. The
police officer may use what type of force?
a. Deadly but not deadly force
b. Deadly force
c. No force at all
d. Non-deadly force
Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very
argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't
provide his driver's license then he will be placed under arrest. The driver refuses to comply with the police officer's
orders and yells, "take me to jail then!!"
48. Officer Jones places this driver under arrest for no driver's license. Officer Jones uses his Taser, Mace, and
handcuffs while arresting the driver who was cooperative and not resisting arrest. Officer Jones' use of force was?
a. Reasonable
b. Deadly force
c. Unreasonable
d. Reasonable but deadly force
49. Officer Jones places this driver under arrest. While doing so the driver pulls out a gun and tries to shoot the officer.
The officer uses his duty weapon and shoots and kills the driver. This use of force is
a. Unreasonable
b. Non-deadly force
c. Reasonable
d. Non-deadly but unreasonable
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50. Officer Jones places the driver under arrest and when he attempts to place handcuffs on the driver, the driver resists
arrest and begins to assault the officer by punching him. The officer uses his Taser to stop this assault and to get
him handcuffed. This force is
a. Unreasonable
b. Reasonable
c. Deadly force
d. Deadly force but reasonable
51. Force that is likely to cause or is capable of causing death or serious bodily injury is called
a. deadly force
b. brute force
c. dangerous force
d. lethal force
52. Which of the following is not eligible for stand your ground protection?
a. the aggressor
b. the victim
c. a person who aids the aggressor
d. All of these choices
53. Which rule does not put a limit on the use of deadly force by the occupant?
a. the trespasser rule
b. homeowner rule
c. the "make my day" rule
d. the castle rule
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54. Evidence of past abuse offered by women charged with violence against their abusers to show its psychological
effects as part of their claims of self-defense is called
a. battered significant-other defense
b. abused spouse defense
c. the battered woman defense
d. the castle rule
55. When can force not be used in the defense of other another person?
a. when force is not immediately necessary
b. the person using force is the aggressor
c. the other person's actions are lawful
d. when force is used as a punishment
56. Non-deadly force is permitted when
a. deadly force won't work
b. robbing from a homeowner
c. evicting a trespasser
d. using public property, such as a park
57. In most states, what must the owner of a dwelling do before using non-deadly force against someone who is
trespassing?
a. threaten the use of deadly force against the intruder
b. call 911
c. request the intruder leave the property
d. fire a warning shot from a gun
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58. The use of force is not permissible under which condition?
a. to prevent harm to others
b. to prevent harm to oneself
c. to resist an unlawful arrest
d. when fighting back against an assailant
59. The use of a Taser by the police is considered to be
a. deadly force
b. lethal force
c. non-deadly force
d. brute force
60. The use of a Taser by the police to prevent a suspect from jumping out the window, even if the use the Taser
causes the suspect's death, is considered to be
a. deadly force
b. lethal force
c. non-deadly force
d. brute force
61. The doctrine permitting people who have been assaulted in their homes by a trespasser to stand their ground and
usesuchforceasisnecessaryandreasonabletodefendthemselvesiscalledthe“____“doctrine.
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62. Force may not be used legally in making an arrest unless the arrest is a ____, custodial arrest made in good faith.
63. The law regarding the use of deadly force in making an arrest ____somewhat from state to state.
64. According to the _________ doctrine, a person does not have a duty to retreat before using defensive force in
their own home.
65. To lawfully use deadly force in self-defense, a reasonable fear of _________ death or great bodily harm must
exist.
66. Deadly force may never be used to make the arrest of or to prevent the escape of a person who has committed a
____.
67. Under the old common law used on the American frontier, _______ force was often used to protect property.
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68. Using excessive force during an arrest would constitute an unreasonable seizure in violation of the _________
Amendment.
69. The killing of a fleeing suspect is a __________ under the Fourth Amendment, and is therefore constitutional only
if reasonable.
70. In general, parents may use _____________ force to discipline their children.
71. The amount of force used in self-defense must be ____ under the circumstances that exist.
72. In order for deadly force to be justified, the use of force must be immediately _____ to protect the person or
another from the unlawful use of force by the aggressor.
73. The use of force is justified if the the other person's behavior is _____.
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74. Laws that encourage people to come to the aid of another are called ______ laws.
75. The concept that any person taking the place of a parents has the duties and responsibilities of the parents is called
____.
76. Identify the three key points for determining when force is justified. What factors might a court or jury take into
account in determining if force was justified?
77. Whatisthe“castledoctrine?”Describethehistoryofthe“castledoctrine.”
78. Explain how “standyourground”lawseffectthegeneralrulesforusingforce.Whateffectdotheselawshaveon
the“castle”doctrine?
79. Explainfullywhatismeantbythe“castledoctrine.”Whatare“makemyday”rules?
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80. Discuss the amount of force that may be used in the defense of property today. How do the current laws
regarding defense of property compare to the old common law used on the American frontier?
81. Under what circumstances are police officers justified in using non-deadly force to make an arrest? Provide
examples.
82. Discuss fully the facts and decision of the U.S. Supreme Court in the 1985 case of Tennessee v. Garner.
83. Discuss the current state of the law with regard to forcing an uncooperative driver suspected of DUI to submit to
a blood test should the driver refuse to consent. What is the reasoning of the courts that have upheld such laws?
84. WhydoestheFourthamendmentapplytotheuseofforcebyapoliceofficer?Howdoesthe“reasonableness”
standardcomparetoa“substantivedueprocess”approach?
85. Under what circumstances can parents and school personnel use force to discipline children? How much force
can be used?

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