Criminal Law 12th Edition by Joel Samaha - Test Bank Instant Download - Complete Test Bank With Answers Sample Questions Are Posted Below True / False 1. Deadly force may never be used for defense. a. True b. False ANSWER: False REFERENCES: Proving Defenses LEARNING OBJECTIVES: CRLW.SAMA.17.05.01 - To …
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Criminal Law 12th Edition by Joel Samaha – Test Bank
Instant Download – Complete Test Bank With Answers
Sample Questions Are Posted Below
| True / False |
1. Deadly force may never be used for defense.
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2. Insanity is an example of a justification defense.
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3. In both justifications and excuses, the defendant admits doing the criminal act.
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4. Most affirmative defenses are perfect defenses.
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5. An imperfect defense, such as imperfect self-defense, may, in some jurisdictions, reduce a murder to manslaughter.
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6. If a perfect defense is successful, defendants are convicted.
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7. One purpose of competency hearings is to determine if defendants are still insane.
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8. If you use force to protect yourself, your home or property, or the people you care about, you’ve violated the rule of law.
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9. In some cases necessity refers to an imminent danger of attack.
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10. Proponents of new “castle laws” warn that they are a license to kill.
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11. In the justification defenses, defendants admit they were responsible for their acts but claim what they did was right (justified) under the circumstances.
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12. The law of self-defense is undergoing major transformation.
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13. The Model Penal Code “choice of evils” provision contains five elements.
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14. At the heart of the defense of consent is the high value placed on group autonomy in a free society.
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15. The “New Castle Doctrine” laws are transforming the law of self-defense.
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16. Most deadly force statutes do not include the curtilage.
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17. Mitigating circumstances may convince judges or juries that defendants don’t deserve the maximum penalty for the crime they’re convicted of.
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18. Force may lawfully be used as a preemptive strike against a potential attacker.
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19. A classic excuse defense is insanity.
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20. Retribution is the heart of the defense of self-defense.
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21. “Inevitable” harm is the same as “imminent” harm.
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22. A victim of domestic violence is justified in shooting her cohabitant husband while he is asleep.
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23. Historically, self-defense meant protecting yourself and the members of your immediate family.
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24. There’s no empirical research to help explain why so many states have adopted the “new castle laws.”
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25. Self-defense is never available to an initial aggressor.
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26. Defendants are not criminally liable if their actions were justified under the circumstances.
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27. Most affirmative defenses are imperfect defenses.
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28. Juvenile court judges can use their discretion to transfer a juvenile to adult court.
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29. Self-defense consists of four elements.
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30. Some self-defense statutes allow you to kill someone you reasonably believe is about to commit a serious felony against you that doesn’t threaten either your life or serious bodily injury.
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| Multiple Choice |
31. A defense in which the defendant accepts responsibility for the act but claims what they did was right is called
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32. A defense in which the defendant admits the act but claims that, under the circumstances, they aren’t legally responsible is called
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33. Circumstances that convince fact finders that defendants don’t deserve the maximum penalty for the crime they’re convicted of are called
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34. Most defenses are perfect defenses; if they’re successful, defendants are
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35. Evidence that doesn’t amount to a perfect defense might amount to an imperfect defense; that is, defendants are
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36. The castle exception is an exception to what doctrine?
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37. At the heart of the “choice of evils” defense is the necessity to prevent
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38. Under English common law, who had the burden to prove they “retreated to the wall” before acting in self-defense?
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39. Which of the following cases involves the “New York Subway Vigilante”?
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40. Which defense is based on the high valued placed on individual autonomy in a free society?
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41. The general rule is that self-defense is available only against what type of attacks?
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42. A person who was the initial aggressor can gain a lawful right to self-defense if they do which of the following from the incident they started?
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43. According to what rule does the government have a monopoly on the use of force; so when you use force, you’re “taking the law into your own hands”?
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44. The four elements of self-defense are non-aggressor, necessity, reasonable belief and
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45. In some jurisdictions, a person must retreat before using defensive deadly force if
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46. What type of laws are drastically reforming the law of self-defense?
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47. What is the heart of self-defense?
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48. Which of the following never justifies the use of force against another person?
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49. What defense justifies the commission of a lesser crime to avoid the threat of harm from a greater evil?
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50. Which doctrine holds that a person does not have to retreat if he or she didn’t start the fight, even if it is safely possible?
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51. Supporters of the castle laws see them as the public reasserting
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52. Which of the following is the majority rule?
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53. The law of self-defense is undergoing
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54. Evidence that doesn’t amount to a perfect defense might amount to a/an
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55. The modern right to use force against those unlawfully entering the person’s home generally
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56. Which of the following is a key requirement of the necessity defense?
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57. At the heart of the “choice of evils” defense is the necessity to prevent what kind of danger?
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58. At the heart of the defense of consent is the high value placed on the right to
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59. One of the four elements of self-defense requires that the defender didn’t start or provoke the attack. What is the name of this element?
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60. The defense of consent is
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61. Which of the following is recognized as a valid consent defense situation in most states?
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62. To provide a valid consent defense, the consent of the victim must be
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63. What kind of defense is diminished capacity?
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64. The case of The Queen v. Dudley and Stephens (1884) involves which defense?
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65. Knowing consent means
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66. One of the four elements of self-defense states that defenders can use deadly force only if they reasonably believe it’s necessary to repel an imminent deadly attack. What is the name of this element?
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67. Most self-defense statutes require the belief in imminent danger to be honest and
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68. If attackers completely withdraw from attacks they provoke, they can defend themselves against an attack by their initial victims. This is known as
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69. The retreat rule is the
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70. One element of self-defense requires that defenders can use deadly force only if the use of nondeadly force isn’t enough to repel the attack. What element is this?
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71. Regarding defense of home and property, most statutes do not include what area?
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72. What state passed the first new castle doctrine?
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73. The Florida castle law abolished
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74. Two commonly mentioned reasons for the current spread of new castle laws are Americans’ heightened consciousness and concern about their security since 9/11 and
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75. The Jacqueline Galas case deals with the expansion of what laws?
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| Case 5.1
Li plays on a local soccer team. In a match against another team Li is hit by an opponent during normal play and his leg is broken. Li calls the police department from the hospital emergency room and requests that the player who hit him be charged with assault. |
76. If charged with assault, what defense would the opponent most likely use at trial?
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77. If charged with assault, what might prevent the opponent from claiming consent as a defense?
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| Case 5.2
Vincent is awoken in the middle of the night by a sound outside his house. He takes a loaded .38 pistol from his nightstand and proceeds downstairs to his kitchen to check on the noise. He encounters a stranger in his kitchen. The stranger hits him in the face knocking him to the floor. As he gets up his see the man running out his kitchen door. Vincent shoots the man through the kitchen door. |
78. Which of the following rules is most applicable to this case?
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79. Why is Vincent not justified in shooting the man?
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| Case 5.3
Savannah and her girlfriend Vanessa have been drinking at her apartment most of the afternoon. They are arguing when Savannah goes into her bedroom and gets her gun. She shoots at Vanessa but misses. Vanessa leaves the apartment and gets a gun from her car. She returns to the apartment. Savannah yells stop and runs towards the bathroom. Vanessa shoots at her but also misses. Savannah turns and shoots Vanessa. |
80. What element of self-defense would Savannah fail to meet in this encounter if she did not withdraw?
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81. What exception allows Savannah to claim self-defense in this situation?
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82. What kind of defense to criminal liability would Savannah most likely use?
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| Case 5.5
Tiffany is walking to the market to buy groceries. A man comes up behind her and puts a gun in her back. He tells her to step into the alley with him. Tiffany goes to the alley with the man who tells her to remove her clothes. Before she can do what he says the man drops the gun and Tiffany grabs it and shoots him. The man dies. |
83. If Tiffany is charged with murder which of the following defenses should she use?
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84. Tiffany’s defense is described best as a
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85. If Tiffany is acquitted, she has achieved which of the following?
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| Completion |
86. Defenders can use deadly force only if they reasonably believe it’s necessary to repel an deadly attack.
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87. The defense of consent is a defense.
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88. Most justifications and excuses are defenses.
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89. The defense of consent represents the high value placed on individual in a free society.
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90. The Personal Protection Law (2009) became the model for most of the new castle laws.
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91. A(n) _____________ defense is one that only reduces the conviction to a lesser offense.
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| 92. A _____________ defense is one that, if established, requires an acquittal.
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93. Self-defense is a limited exception to the government on the use of force.
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94. There is no duty to from your own home to avoid using deadly force.
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95. If you don’t a fight, you can stand your ground and kill to defend yourself without retreating from any place you have a right to be.
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| Essay |
96. Discuss the differences between justification and excuse defenses. Be sure to give an example of each.
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97. List and explain the four elements of self-defense. Are there any exceptions to any of these elements? If so, explain.
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98. Explain the “choice of evils” defense and present an example.
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99. Discuss the general rules on the use of force and deadly force. Be sure to provide examples.
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100. In the minority of states that follow the retreat rule there are usually two exceptions. Identify and explain these two exceptions.
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101. The concept of retreat has undergone historic transformation since the English common-law requirement that one “retreat to the wall.” Explain this transformation and how it’s altering the stand-your-ground rule and the retreat rule.
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102. Explain the defense of consent. In most states, the law recognizes only four situations where consent justifies otherwise criminal conduct. What are those situations? What does it mean to say that “the heart of the defense of consent is the high value placed on individual autonomy in a free society?”
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103. Two types of affirmative defenses are “perfect” and “imperfect” defenses. Explain the difference between a “perfect” and an “imperfect” defense. Provide examples of each. What is one exception to a “perfect” defense?
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104. The concept of self-defense today is different than what self-defense has historically meant. Discuss the differences between the two meanings and the reasons for the transformation.
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105. Since 2005, more than 40 states have passed or proposed new “Castle Doctrine” legislation intended to expand the right to use deadly force in self-defense. Some argue that these new laws are the expression of one’s “right to defend” while others argue that they are a “license to kill.” Explain each argument and make your own argument for one side or the other.
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Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
