Defenses MCQ

_____ is known as a defense alleging that the time in which to prosecute certain crimes has elapsed. There is no statute of limitations for the crime of murder.

Answer

Correct Answer: Statute of limitations

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_____ is defined as some jurisdictions allow a person to use deadly force if threatened in a place where they have a legal right to be

Answer

Correct Answer: Stand your ground

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_____ is a complete defense based on the use of reasonable force to repel a physical attack

Answer

Correct Answer: Self-defense

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Is rebuttable presumption can overcome conclusion children ages 8–14 have no mens rea?

Answer

Correct Answer: True

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_____ is known as a break from reality suffered by some mentally ill offenders

Answer

Correct Answer: Psychosis

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_____ is defined as the law assumes it is better to retreat than use deadly force; generally inapplicable to home invasions

Answer

Correct Answer: “No retreat” doctrine

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_____ is a defense created by having to choose the lesser of two evils

Answer

Correct Answer: Necessity

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Is m’Naghten test the defendant is insane if, at the time he committed the crime, he suffered from a mental defect that rendered him unable to understand the difference between right and wrong or to be unable to appreciate the criminality of his conduct?

Answer

Correct Answer: True

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_____ is known as an erroneous legal conclusion arrived at by a party who knows all the facts

Answer

Correct Answer: Mistake of law

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_____ is defined as the erroneous belief in certain facts that leads the person to act (or fail to act) accordingly

Answer

Correct Answer: Mistake of fact

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_____ is a mental disorder recognized by the American Psychological Association and listed in the DSM-V

Answer

Correct Answer: Mental disease

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Is mental defect a mental disorder that impairs the way the brain processes information?

Answer

Correct Answer: True

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_____ is known as a mental disease or defect that prevents an offender from being able to resist the strong sudden urge to commit a criminal act

Answer

Correct Answer: Irresistible impulse

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_____ is defined as children age 7 and younger cannot form mens rea

Answer

Correct Answer: Irrebuttable presumption

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_____ is an altered state produced by the ingestion of drugs or alcohol; the condition may be voluntary or involuntary and may negate specific intent mens rea for some crimes

Answer

Correct Answer: Intoxication

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Is intellectual disability formerly mental retardation; characterized by an IQ of 70 or lower and two or more substantive deficits in adaptive or social functioning that manifest before the age of 18?

Answer

Correct Answer: True

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_____ is known as irrebutable presumption that children up to age 7 possess no mens rea. There is a rebuttable presumption that children aged 8 through 14 years possess no mens rea, but such presumption can be overcome by proof that the juvenile is able to appreciate the criminality of his conduct.

Answer

Correct Answer: Infancy

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_____ is defined as legally defective claim of self-defense that involves the use of excessive force to repel an attack

Answer

Correct Answer: Imperfect self-defense

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_____ is a finding that the defendant is criminally responsible for his conduct but not insane

Answer

Correct Answer: Guilty but mentally ill

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Is entrapment a defense based on government inducement to commit a crime that the defendant was not otherwise predisposed to commit?

Answer

Correct Answer: True

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_____ is known as a defense claiming that a person committed a crime because of force or a threat of force. Duress is never a defense to murder.

Answer

Correct Answer: Duress

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_____ is defined as a defense maintaining that the functioning of an offender’s brain at the time he or she committed an offense was impaired

Answer

Correct Answer: Diminished capacity

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_____ is a false fixed belief; commonly held by mentally ill offenders

Answer

Correct Answer: Delusion

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Is defense of property may not use deadly force to protect property with no threat to human life?

Answer

Correct Answer: True

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_____ is known as a defense that a defendant may claim if he came to the aid of another in peril and if self-defense would be justified on the part of the person in peril

Answer

Correct Answer: Defense of others

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_____ is defined as an early way to describe battering and its effects

Answer

Correct Answer: Cycle of violence

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_____ is the ability to understand the nature of the trial proceedings and to assist defense counsel required of defendants at all stages of the criminal proceeding, from arrest to execution

Answer

Correct Answer: Competency

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Is burden of production the burden of introducing a legally sufficient quantum of evidence to permit the trier of fact (judge or jury) to consider the issue or defense during their deliberations?

Answer

Correct Answer: True

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_____ is known as the burden of convincing the trier of fact (judge or jury) that the legal claim or defense is valid

Answer

Correct Answer: Burden of persuasion

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_____ is defined as A subset of self-defense defined by a repeated cycle of physical abuse that causes the victim to live in constant fear of being beaten, maimed, or killed; today the phrase used more often is “battering and its effects”

Answer

Correct Answer: Battered woman syndrome

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_____ is mens rea standard that applies to the defenses of infancy and insanity to assign the appropriate level of criminal culpability

Answer

Correct Answer: Appreciate the criminality of his conduct

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Is alibi a complete defense that states that the defendant could not have committed the crime because he was at a location other than the crime scene when the crime was committed?

Answer

Correct Answer: True

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_____ is known as defendant may be found legally insane if at the time of the crime he lacked “substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law.”

Answer

Correct Answer: ALI substantial capacity test

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An individual may use deadly force to protect his or her empty home, consistent with the philosophy that “a man’s home is his castle.”

Answer

Correct Answer: False

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An irrebutable presumption is irrefutable and cannot be overcome by additional evidence.

Answer

Correct Answer: True

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Showing the defendant could “appreciate the criminality of his conduct” is one way the government can overcome the defenses of infancy, insanity, and ALI substantial capacity tests.

Answer

Correct Answer: True

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The defense of entrapment cannot be raised unless the following actor is involved: ______.

Answer

Correct Answer: The government

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Battering and its effects can be illustrated by a Power and Control wheel that may include behaviors EXCEPT______.

Answer

Correct Answer: A calming honeymoon phase

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Self-defense is premised upon the triggering factor that the victim was confronted with a(n) ______.

Answer

Correct Answer: Immediate physical threat

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In Texas, courts had measured intellectual disability to determine if a defendant was exempt from the death penalty with reference to the character Lennie from which notable novel?

Answer

Correct Answer: Of Mice and Men by John Steinbeck

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The term intellectually disabled was formerly known as______.

Answer

Correct Answer: Mental retardation

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The term “mental disease or defect” includes all of the following EXCEPT______.

Answer

Correct Answer: Abnormal sexual conduct

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To successfully raise a duress defense, the victim must have had______.

Answer

Correct Answer: No reasonable opportunity to escape other than commit the crime

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It is illegal to execute someone who was under what age at the time they committed first-degree murder?

Answer

Correct Answer: 18

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The criteria courts examine before the government may legally medicate a defendant against his will includes all of the following EXCEPT______.

Answer

Correct Answer: The defendant is charged with a misdemeanor

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______ defense means the defendant could not have been at the scene of the crime because she can prove she was somewhere else.

Answer

Correct Answer: Alibi

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The term burden of proof comprises which of the following two intertwined concepts.

Answer

Correct Answer: Burdens of persuasion and production

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If an officer shoots and kills an armed felon who poses a threat, what type of defense is the homicide?

Answer

Correct Answer: Justified

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