1. Is voluntary intoxication a defense that involves the defendant voluntarily ingesting alcohol or some mind-altering drug and claiming that he could not formulate the required mens rea for the crime. It is rarely permitted as a defense, but states that do allow the defense permit it only in cases involving specific intent crimes?
Answer
Correct Answer:
True
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2. Is syndrome defenses defenses that involve the defendant claiming that he should not be held criminally responsible because he was suffering from some recognized condition that prohibited him from either controlling his behavior or forming the requisite mens rea for the specific crime. Syndrome defenses are usually partial defenses?
Answer
Correct Answer:
True
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3. _____ is known as an insanity test in which the defendant is not held criminally responsible for his acts if his unlawful act was the product of mental disease or defect.
Answer
Correct Answer:
Product test
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4. _____ is defined as a group of symptoms that some women experience one to two weeks before their menstrual cycles. When used as a defense, the defendant claims that she should not be held liable because she was suffering from PMS at the time of the offense.
Answer
Correct Answer:
Premenstrual syndrome
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5. _____ is a syndrome involving the defendant having seen or experienced some frightening or stressful event that causes him to relive that event through flashbacks and/or nightmares.
Answer
Correct Answer:
Post-traumatic stress disorder
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6. Is partial defenses defenses that result in a conviction of a less serious offense rather than a total acquittal?
Answer
Correct Answer:
True
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7. _____ is known as an insanity test in which the defendant has to prove that, at the time of the act, he was laboring under such a defect of reason, from disease of the mind, as to not know the nature and quality of the act he was doing, or if he did know it, that he did not know what he was doing was wrong.
Answer
Correct Answer:
M’Naghten test
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8. _____ is defined as a special court for juveniles that focuses on rehabilitation rather than punishment.
Answer
Correct Answer:
Juvenile court
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9. _____ is an insanity test that involves a defendant who can tell right from wrong but cannot control his actions because of mental illness.
Answer
Correct Answer:
Irresistible impulse test
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10. Is involuntary intoxication a defense involving the claim that the defendant should not be held criminally liable because his criminal acts were caused by his unknowing consumption of food or drink that contained alcohol or some intoxicating drug?
Answer
Correct Answer:
True
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11. _____ is known as a defense involving the claim that the defendant should not be held responsible for his criminal acts because he acted as a result of a mental disease or defect.
Answer
Correct Answer:
Insanity
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12. _____ is defined as a common law defense that presumes persons between the ages of 7 and 14 are incapable of committing a crime but permits the state to rebut that presumption by presenting evidence to prove otherwise.
Answer
Correct Answer:
Infancy
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13. _____ is a verdict permitted in some states after the presentation of an insanity defense. It involves the defendant being found criminally responsible for the crime but being given the opportunity to receive treatment for his mental illness, either in a prison setting or in a mental health facility.
Answer
Correct Answer:
Guilty but mentally ill
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14. Is cultural defenses defenses that involve the defendant presenting evidence of his cultural background or beliefs to demonstrate that he lacked the required mens rea for a particular offense. At best, these defenses usually result in a conviction on a lesser offense rather than a total acquittal?
Answer
Correct Answer:
True
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15. Is competency a term that refers to the defendant’s mental condition at the time of the court proceedings, not at the time of the offense. A defendant is not competent and may not stand trial if he is suffering from a mental disability that prohibits him from understanding the proceedings or assisting in his defense?
Answer
Correct Answer:
True
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16. _____ is a two-part trial used in insanity cases in some states that involves a criminal trial with the government assuming the burden of proof in the first part of the trial. If the defendant is found guilty, the defendant assumes the burden of proving insanity in the second part of the trial.
Answer
Correct Answer:
Bifurcated trial
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17. Is american Law Institute Model Penal Code test the insanity test that finds a defendant not criminally responsible for his acts if, at the time he committed the acts and as a result of a mental disease or defect, he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law?
Answer
Correct Answer:
True
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18. _____ is known as this case comes before us on appeal by the defendant, James Beeley (Beeley), from a Superior Court jury conviction of breaking and entering . . . and simple assault . . . In this appeal, Beeley avers that the trial justice erred in denying his motions requesting judgment of acquittal and a new trial. We sustain the appeal.
Answer
Correct Answer:
State v. Beeley
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19. _____ is defined as self-defense laws that permit a person to defend himself against a threat using a proportionate amount of force without retreating, even if he could do so safely.
Answer
Correct Answer:
Stand your ground laws
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20. _____ is a defense that permits a person to use a reasonable amount of force, even deadly force, to protect himself against the threat of bodily harm. The threat must be imminent and the amount of force used must be proportionate to the threat.
Answer
Correct Answer:
Self-defense
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21. Is necessity a defense (also called “choice of evils”) that involves a person claiming that he committed what would otherwise be considered a crime, because acting lawfully under the circumstances would have caused greater harm?
Answer
Correct Answer:
True
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22. _____ is known as a defense that permits police officers and private citizens to use a reasonable amount of force under the circumstances to prevent a crime.
Answer
Correct Answer:
Law enforcement defense
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23. _____ is defined as defenses that involve the claim that the defendant should not be held criminally liable because his actions were legally justified under the circumstances.
Answer
Correct Answer:
Justification defenses
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24. _____ is defenses that involve the claim that the defendant should not be held responsible for his actions because of some circumstance (such as a disease or condition) that prevented him from acting lawfully.
Answer
Correct Answer:
Excuse defenses
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25. Is elements defense a defense that involves challenging the state’s evidence through cross-examination and arguing that the state has not met its burden of proving every element beyond a reasonable doubt. A defendant usually presents this defense, either alone or with an affirmative defense?
Answer
Correct Answer:
True
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26. Is duty to retreat a doctrine in many states that requires a person to retreat from a threat and avoid using force, especially deadly force, if he can do so safely?
Answer
Correct Answer:
True
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27. _____ is known as a defense that involves a person claiming that he committed a criminal act because someone was threatening to seriously injure or kill him if he did not commit that act.
Answer
Correct Answer:
Duress
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28. _____ is defined as a defense that permits the use of a reasonable amount of force under the circumstances to prevent property from being taken or even to take property back. Deadly force may never be used to protect property.
Answer
Correct Answer:
Defense of property
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29. _____ is a defense that permits an individual to lawfully use force in defense of another person.
Answer
Correct Answer:
Defense of others
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30. Is defense of habitation a defense that permit the use of deadly force to protect a home or dwelling. Unlike self-defense, the threat need not be imminent or proportionate?
Answer
Correct Answer:
True
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31. _____ is known as a condition suffered by many women who are in abusive relationships. After enduring repeated, unpredictable beatings, these women develop a belief that it would be hopeless to try to escape their situation and remain in the relationships.
Answer
Correct Answer:
Battered woman syndrome
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32. _____ is defined as a defense involving the defendant presenting evidence in support of a particular defense after the prosecution has rested its case.
Answer
Correct Answer:
Affirmative defense
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33. All states have laws that permit children to be tried as adults.
Answer
Correct Answer:
True
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34. The juvenile justice system focuses on punishment.
Answer
Correct Answer:
False
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35. All states have a bifurcated process.
Answer
Correct Answer:
True
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36. Which of the following standards is used by the majority of the states?
Answer
Correct Answer:
M’Naghten
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37. After 1982 the burden of proving insanity shifted to the jury.
Answer
Correct Answer:
False
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38. The American Law Institute Model Penal Code test replaced the Product Test in 1972?
Answer
Correct Answer:
False
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39. The M’Naghten test was known in American courts as the right–wrong test.
Answer
Correct Answer:
True
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40. Daniel M’Naghten’s verdict was thrown out and eventually found not guilty.
Answer
Correct Answer:
True
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41. The earliest test for insanity was established in France.
Answer
Correct Answer:
False
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42. There are multiple tests for determining insanity.
Answer
Correct Answer:
True
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43. Which of the following representatives suffered critical injuries after being shot by Jared Lee Loughner?
Answer
Correct Answer:
Gabrielle Giffords
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44. Jared Lee Loughner killed and injured various people at which of the following grocery stores?
Answer
Correct Answer:
Safeway
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45. When the defendant becomes competent, the court proceedings resume.
Answer
Correct Answer:
True
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46. If the defendant is incompetent is will still stand trial.
Answer
Correct Answer:
False
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47. All states recognize the insanity defense.
Answer
Correct Answer:
True
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48. Which of the following are examples of excuse defenses?
Answer
Correct Answer:
All of these
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49. In justification defences, the actor is justified in taking action that would otherwise be deemed criminal.
Answer
Correct Answer:
True
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50. The defense of necessity is also called the choice of goo
Answer
Correct Answer:
False
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51. Deadly force is always permitted to prevent a misdemeanor.
Answer
Correct Answer:
False
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52. Defense of habitation laws permit the use of deadly force to protect a home or dwelling are sometimes called
Answer
Correct Answer:
True
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53. Many women who kill their partners are often diagnosed with which condition?
Answer
Correct Answer:
Battered Women’s Syndrome (BWS)
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54. Women who suffer from BWS are beaten by their patterns, but eventually leave the relationship.
Answer
Correct Answer:
False
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55. ______ is a common stereotype.
Answer
Correct Answer:
All of these
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56. Hawaii does not have shoot first law.
Answer
Correct Answer:
True
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57. Colorado does not permit a shoot first law?
Answer
Correct Answer:
True
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58. The George Zimmerman case took place in Florid
Answer
Correct Answer:
True
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59. Less than half of the states do not impose a duty to retreat and permit an individual to stand his or her ground and defend him or herself.
Answer
Correct Answer:
True
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60. Fifteen states impose a duty to retreat before using deadly force.
Answer
Correct Answer:
False
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61. A person who is attacked with nondeadly force cannot use deadly force to defend him or herself.
Answer
Correct Answer:
True
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62. The insanity defense is a classic excuse defense.
Answer
Correct Answer:
True
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63. In some jurisdictions, the defendant also has the burden of persuasion.
Answer
Correct Answer:
True
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64. The state must present which of the following in order to establish the burden of proof?
Answer
Correct Answer:
Both A and B
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65. The reasonable doubt standard is the highest burden of proof in the law.
Answer
Correct Answer:
True
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