1. _____ is known as individuals involved in a fight may gain the right of self-defense by clearly communicating that they are retreating from the struggle.
Answer
Correct Answer:
withdrawal in good faith
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2. _____ is defined as an individual without fault who is able to rely on self-defense.
Answer
Correct Answer:
true man
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3. _____ is an individual withdraws from a conflict while intending to continue the physical conflict.
Answer
Correct Answer:
tactical retreat
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4. Is stand your ground law no requirement to retreat?
Answer
Correct Answer:
True
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5. _____ is known as a justification defense that recognizes the right of an individual to defend himself or herself against an armed attack.
Answer
Correct Answer:
self-defense
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6. _____ is defined as obligation to withdraw as fully as possible before resorting to self-defense.
Answer
Correct Answer:
retreat to the wall
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7. _____ is withdrawal from a conflict while indicating a desire to avoid a confrontation.
Answer
Correct Answer:
retreat
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8. Is rebuttal the defense case at trial?
Answer
Correct Answer:
True
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9. _____ is known as an individual is presumed to be not guilty and the burden is on the government to establish guilt.
Answer
Correct Answer:
presumption of innocence
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10. _____ is defined as an honest and reasonable belief that constitutes a complete defense to a criminal charge.
Answer
Correct Answer:
perfect self-defense
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11. _____ is a person intervening in defense of others may intervene where a reasonable person would believe a person is in need of assistance.
Answer
Correct Answer:
objective test for intervention in defense of others
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12. Is nondeadly force use of physical force or weapon that is not likely to cause death or serious injury?
Answer
Correct Answer:
True
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13. _____ is known as a criminal act is justified when undertaken to prevent an imminent, immediate, and greater harm.
Answer
Correct Answer:
necessity defense
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14. _____ is defined as individual charged with a misdemeanor.
Answer
Correct Answer:
misdemeanant
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15. _____ is statutes that authorize any degree of force against a trespasser who uses or threatens to use even slight force against the occupant of a home.
Answer
Correct Answer:
make my day laws
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16. Is justification defenses based on the circumstances of a criminal act?
Answer
Correct Answer:
True
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17. _____ is known as right of a jury to disregard the law and to acquit a defendant.
Answer
Correct Answer:
jury nullification
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18. _____ is defined as the privilege to exercise self-defense on behalf of an individual in peril.
Answer
Correct Answer:
intervention in defense of others
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19. _____ is an honest, but unreasonable belief in the justifiability of self-defense that results in a conviction for manslaughter rather than murder.
Answer
Correct Answer:
imperfect self-defense
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20. Is good motive defense the fact that a defendant committed a crime for what he or she views as a good reason is not recognized as a defense?
Answer
Correct Answer:
True
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21. _____ is known as the common law rule permitting deadly force against a felon fleeing the police.
Answer
Correct Answer:
fleeing felon rule
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22. _____ is defined as an individual may use reasonable force to resist an illegal arrest.
Answer
Correct Answer:
English rule for resistance to an unlawful arrest
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23. _____ is use of physical force or a weapon likely to cause death or serious bodily harm.
Answer
Correct Answer:
deadly force
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24. Is choice of evils the defense of necessity in which an individual commits a crime to avoid an imminent and greater social harm or evil?
Answer
Correct Answer:
True
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25. _____ is known as individuals have no obligation to retreat inside their home.
Answer
Correct Answer:
castle doctrine
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26. _____ is defined as the prosecution’s phase of the trial.
Answer
Correct Answer:
case-in-chief
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27. _____ is responsibility to produce sufficient evidence for the fact finder to consider the merits of a claim.
Answer
Correct Answer:
burden of production
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28. Is burden of persuasion iresponsibility to convince the fact finder, usually beyond a reasonable doubt?
Answer
Correct Answer:
True
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29. _____ is known as an individual may resort to reasonable force to resist an unlawful arrest. Followed in 12 U.S. states.
Answer
Correct Answer:
American rule for resistance to an unlawful arrest
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30. _____ is defined as an individual intervening in defense of others possesses the rights of the person he or she is assisting.
Answer
Correct Answer:
alter ego rule
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31. _____ is defendant presents evidence at trial that he or she did not commit the crime because he or she was not at the crime scene.
Answer
Correct Answer:
alibi
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32. Is aggressor an individual initiating a physical confrontation is not entitled to self-defense unless he or she retreats?
Answer
Correct Answer:
True
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33. _____ is known as the burden of production and, in most cases, the burden of persuasion is on the defendant.
Answer
Correct Answer:
affirmative defenses
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34. A robber holds up a man with a fake, but realistic looking gun. The victim reacts by striking the robber and fleeing. If the victim is charged with battery, should he be able to successfully argue self-defense at trial?
Answer
Correct Answer:
Yes, his belief of need for self-defense was reasonable.
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35. A defendant is only able to argue a justification if he is able to establish a perfect defense.
Answer
Correct Answer:
False
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36. Justification and excuse defenses are known as ______ defenses.
Answer
Correct Answer:
Affirmative
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37. Historically, a jury may disregard the law and acquit a sympathetic defendant if it so chooses based on prevailing social values.
Answer
Correct Answer:
True
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38. In which of the following situations can a defendant successfully argue self-defense?
Answer
Correct Answer:
Defendant robbed a man who fought back, defendant retreated, and was forced to act in self-defense.
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39. Most states allow deadly-force to be used a in defense of the home, regardless of the nature of the intrusion.
Answer
Correct Answer:
False
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40. Which is not a justification for the limitation on the use of deadly force to apprehend suspects:
Answer
Correct Answer:
No one, not even the state, has the right to take a life.
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41. Reasonable belief is a central point of self-defense. This belief is merely subjective.
Answer
Correct Answer:
False
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42. Make my day laws authorize the use of any degree of force against intruders who might use physical force no matter how slight.
Answer
Correct Answer:
True
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43. Two hundred years ago, a British citizen was accused of murdering his neighbor. At trial he successfully argued justification. His trial should have resulted in ______.
Answer
Correct Answer:
An acquittal
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44. Defendants in all cases may disregard the imminence prong of self-defense when acting to prevent anticipated harm.
Answer
Correct Answer:
False
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45. All of the following are reasons the threat must be imminent for self-defense to be used EXCEPT ______.
Answer
Correct Answer:
Law enforcement may only see the defense and react badly
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46. A defendant unsuccessfully argues an excusatory defense at trial. At sentencing, the facts presented as part of the defense now act in what capacity?
Answer
Correct Answer:
Mitigating circumstances
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47. As a general rule, consent serves as a legitimate defense at trial.
Answer
Correct Answer:
False
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48. What level of force is acceptable when using defense of others?
Answer
Correct Answer:
What a reasonable person would use to prevent the harm
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Contemporary Criminal Law (U.S.) MCQs | Topic-wise