_____ is 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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Is voluntary intoxication defendant is not held liable for an offense involving “knowledge or purpose.” Increasingly not recognized as a defense?
Answer
Correct Answer:
True
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_____ is known as an individual without fault who is able to rely on self-defense.
Answer
Correct Answer:
True man
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_____ is defined as an individual withdraws from a conflict while intending to continue the physical conflict.
Answer
Correct Answer:
Tactical retreat
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_____ is a person is not responsible for criminal conduct, if at the time of such conduct, as a result of mental disease or defect, he or she lacks substantial capacity.
Answer
Correct Answer:
Substantial capacity test
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Is stand your ground rule no requirement to retreat?
Answer
Correct Answer:
True
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_____ is known as a justification defense that recognizes the right of an individual to defend him- or herself against an armed attack.
Answer
Correct Answer:
Self-defense
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_____ 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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_____ is withdrawal from a conflict while indicating a desire to avoid a confrontation.
Answer
Correct Answer:
Retreat
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Is rebuttal the defense case at trial?
Answer
Correct Answer:
True
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_____ 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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_____ 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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_____ 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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Is nondeadly force use of physical force or a weapon that is not likely to cause death or serious injury?
Answer
Correct Answer:
True
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_____ 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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_____ is defined as a disease or defect of the mind that results in an individual not knowing what he or she was doing was right or wrong or not knowing what he or she was doing.
Answer
Correct Answer:
M’Naghten test
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_____ is an error of law, with isolated exceptions, is not a defense.
Answer
Correct Answer:
Mistake of law
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Is mistake of fact defense based on mistake of fact that negates a specific criminal intent or knowledge or purpose?
Answer
Correct Answer:
True
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_____ is known as 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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_____ is defined as a defense based on the circumstances of a criminal act.
Answer
Correct Answer:
Justification
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_____ is mental disease that causes the defendant to lose the ability to choose between right and wrong and to avoid engaging in criminal acts.
Answer
Correct Answer:
Irresistible impulse test
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Is involuntary intoxication a defense to criminal offenses where the defendant meets the standard for mental illness in the state?
Answer
Correct Answer:
True
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_____ is known 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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_____ is defined as law passed by the U.S. Congress making it more difficult to establish legal insanity in federal courts following the jury verdict that John Hinckley was not guilty by reason of insanity for the attempted assassination of President Ronald Reagan.
Answer
Correct Answer:
Insanity Defense Reform Act of 1984
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_____ is a legal excuse based on a mental disease or defect.
Answer
Correct Answer:
Insanity defense
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Is infancy at common law, there was an irrebuttable presumption that children under seven lack criminal intent. In the case of children over seven and under fourteen, there was a rebuttable presumption of a lack of capacity to form a criminal intent. Individuals over fourteen were considered to possess the same capacity as an adult?
Answer
Correct Answer:
True
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_____ is defined as 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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_____ is ignorance of the law excuses no one.
Answer
Correct Answer:
Ignorantia juris neminem excusat
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Is guilty but mentally ill (GBMI) the defendant is found to have been guilty and mentally ill at the time of the criminal offense. The defendant is provided with psychiatric care while incarcerated. This is distinguished from a verdict of not guilty by reason of insanity (NGRI)?
Answer
Correct Answer:
True
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Is fleeing felon rule the common law rule permitting deadly force against a felon fleeing the police?
Answer
Correct Answer:
True
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_____ is known as defenses in which defendants admit wrongful conduct while claiming a lack of legal responsibility based on a lack of a criminal intent or the involuntary nature of their acts.
Answer
Correct Answer:
Excuses
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_____ is defined as defense based on governmental inducement of an otherwise innocent defendant to commit a defense (subjective test) or based on governmental conduct that falls below accepted standards and would cause an innocent individual to commit a criminal offense (objective test).
Answer
Correct Answer:
Entrapment
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_____ is 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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Is durham product test a defendant’s unlawful act is the product of a mental disease or defect?
Answer
Correct Answer:
True
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_____ is known as a crime is excused when committed to avoid what is reasonably believed to be the imminent infliction of serious physical harm or death.
Answer
Correct Answer:
Duress
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_____ is defined as an excuse defense in which the defendant claims an incapacity to form the required criminal intent for the crime and should be held liable for a lesser crime.
Answer
Correct Answer:
Diminished capacity
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_____ 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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Is competence to stand trial a defendant is competent to stand trial who is able to intelligently assist his or her attorney and to follow and understand the trial?
Answer
Correct Answer:
True
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_____ is known as a procedure for detaining psychologically troubled individuals.
Answer
Correct Answer:
Civil commitment
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_____ is defined as the defense of necessity in which an individual commits a crime to avoid an imminent and greater social harm or evil.
Answer
Correct Answer:
Choice of evils
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_____ is individuals have no obligation to retreat inside their home.
Answer
Correct Answer:
Castle Doctrine
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Is case-in-chief the prosecution’s phase of the trial?
Answer
Correct Answer:
True
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_____ is known as 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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_____ is defined as responsibility to convince the fact finder, usually beyond a reasonable doubt.
Answer
Correct Answer:
Burden of persuasion
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_____ is an individual may not resist an illegal arrest.
Answer
Correct Answer:
American rule for resistance to an unlawful arrest
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Is alter ego rule an individual intervening in defense of others possesses the rights of the person he or she is assisting?
Answer
Correct Answer:
True
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_____ is known as a defense that an accused has been somewhere else at the time of the crime.
Answer
Correct Answer:
Alibi
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_____ is defined as individuals initiating a physical confrontation are not entitled to self-defense unless they retreat.
Answer
Correct Answer:
Aggressor
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_____ is 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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Is abuse excuse criminal defenses that involve a claim of lack of criminal responsibility based on past abuse or experiences?
Answer
Correct Answer:
True
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The ______ provides that an individual inside the home is justified in holding his or her ground.
Answer
Correct Answer:
Castle doctrine
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The American Law Institute Substantial Capacity Test broadens the legal test for insanity in order to decrease the number of defendants who may be judged to be legally insane.
Answer
Correct Answer:
False
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The contemporary trend is to dismiss the original common law rule and recognize a defense based on voluntary intoxication because of the increasing acceptance of alcoholism as a disease.
Answer
Correct Answer:
False
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______ force is a force that a reasonable person under the circumstances would be aware would cause or create a substantial risk of death or substantial bodily harm.
Answer
Correct Answer:
Deadly
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The irresistible impulse test requires the jury to find a defendant NGRI in the event that the jurors find that the defendant possessed a mental disease that prevented him from curbing his or her criminal conduct.
Answer
Correct Answer:
True
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Self-defense is an excuse defense.
Answer
Correct Answer:
False
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What factor may not be looked to in order to overcome the presumption of incapacity in juvenile offenders?
Answer
Correct Answer:
Quality of parenting
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The judge presents his or her witnesses in the case-in-chief.
Answer
Correct Answer:
False
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Justification defenses provide that acts that are ordinarily criminal are justified or carry no criminal liability under certain circumstances.
Answer
Correct Answer:
True
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Jay participated in a drug deal with a person he was unaware was an undercover police officer. At trial, he argued that he did not possess the criminal intent to sell illegal drugs and that but for the police officer’s actions, he would not have broken the law. Jay’s defense constitutes which of the following?
Answer
Correct Answer:
Subjective test for entrapment
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