Defending Self, Others, And Property

Question 1

A _______ ________ decides wheter there is sufficient evidence (probable cause) for a defendant to stand trial.

Answer 1

Grand jury

Question 2

A grand jury decides whether there is sufficient evidence (_______ _________) for a defendant to stand trial.

Answer 2

Probable cause

Question 3

If the grand jury decides there is sufficient evidence for a defendant to stand trail, the grand jury issues an

Answer 3

Indictment (true bill)

Question 4

________ juries are larger than _______ juries (20+ jurors)

Answer 4

Grand
Petit

Question 5

The ______ jury is smaller (usually 12 jurors) and decides if a defendant is guilty beyond a reasonable doubt.

Answer 5

Petit

Question 6

The petit jury is smaller (___ _________) and decides if a defendant is guilty _________________.

Answer 6

12 jurors
Beyond a Reasonable Doubt

Question 7

Jury instructions to a grand jury ____ ______ require the same level of precision as the jury instructions for a petit jury.

Answer 7

Do not

Question 8

There are three general principles to self-defense:
1.
2.
3.

Answer 8

1. Necessity
2. Proportionality
3. Reasonable belief

Question 9

At common law self-defense required:
1. ?
2.
3.
4.
5.
6.
7.

Answer 9

That the defendant be threatened with the use of or threat of immediate use of;

Question 10

At common law self-defense required:
1.
2. ?
3.
4.
5.
6.
7.

Answer 10

Unlawful

Question 11

At common law self-defense required:
1.
2.
3. ?
4.
5.
6.
7.

Answer 11

Force

Question 12

At common law self-defense required:
1.
2.
3.
4. ?
5.
6.
7.

Answer 12

That does or could cause physical injury

Question 13

At common law self-defense required:
1.
2.
3.
4.
5. ?
6.
7.

Answer 13

That a reasonable person would believe could not be avoided without the use of physical force; AND

Question 14

At common law self-defense required:
1.
2.
3.
4.
5.
6. ?
7.

Answer 14

That the defendant uses a reasonable amount of force; AND

Question 15

At common law self-defense required:
1.
2.
3.
4.
5.
6.
7. ?

Answer 15

The defendant was not the first aggressor

Question 16

At common law self-defense required:
1.
2.
3.
4.
5.
6.
7.

Answer 16

1. That the defendant be threatened with the use of or threat of immediate use of
2. Unlawful
3. Force
4. That does or could cause physical injury
5. That a reasonable person would believe not be avoided without the use of physical force
6. That the defendant uses a reasonable amount of force; and
7. The defendant was not the first aggressor

Question 17

At common law, and as part of the ________ ________, there was a duty to ______ if a place was reasonably available before the use of deadly force.

Answer 17

Necessity principle
Retreat

Question 18

At common law, and as part of the necessity principle, there was a duty to retreat if a place was reasonably available before the use of deadly force. The exception to that rule was the _____ _________ that a person had no duty to retreat in their ________ or _________.

Answer 18

Castle doctrine
Home
Curtilage

Question 19

A common law and as part of the necessity principle, there was no duty to retreat if a place was reasonably available before the use of deadly force. The exception to that rule was the “castle doctrine” that a person had no duty to retreat in their home or curtilage. The retreat rule is now the _________ ________ in America.

Answer 19

Minority Rule

Question 20

What is the burden of proof for self-defense in most jurisdictions?

Answer 20

The defense has the burden of production, and the prosecution must disprove self-defense beyond a reasonable doubt.

Question 21

At common law, the ___________ had the burden of proof to prove self-defense by a ____________ of the evidence.

Answer 21

Defendant
Preponderance

Question 22

The common law burden of proof has largely been abandoned in the U.S. True or False

Answer 22

True

Question 23

The common law burden of proof has largely been abandoned in the U.S. Instead, the _________ has the initial burden of production to produce evidence to establish self-defense — and then the ___________ has the burden to demonstrate the lack of self-defense beyond a reasonable doubt.

Answer 23

Defendant
Prosecution

Question 24

Stand your Ground laws, which are now the majority of U.S. jurisdictions,
(1) ?
(2)
(3)

Answer 24

(1) Expand the use of deadly force “to prevent the imminent commission of a forcible felony

Question 25

Stand your Ground laws, which are now the majority of U.S. jurisdictions,
(1)
(2) ?
(3)

Answer 25

(2) create a presumption that a defendant’s belief of imminent harm was reasonable

Question 26

Stand your Ground laws, which are now the majority of U.S. jurisdictions,
(1)
(2)
(3) ?

Answer 26

(3) creates a presumption that an intruder enteres a home or vehicle with the intent to commit an unlawful act.

Question 27

In defending another, one simply

Answer 27

Steps into the shoes of the victim and is able to do only as much as the victim himself would lawfully be permitted to do.

Question 28

To establish defense of another the defendant must show:
1. ?
2.
3.

Answer 28

1. That they used reasonable force (proportional and the same level of force the person being defended could use.

Question 29

To establish defense of another the defendant must show:
1.
2. ?
3.

Answer 29

In a situation where they had a reasonable belief in the lawfulness of their actions and

Question 30

To establish defense of another the defendant must show:
1.
2.
3. ?

Answer 30

The person being defended was in imminent danger of death or serious bodily harm from which they were unable to save themselves

Question 31

Police officer mistakes the defendant for a suspect fleeing from a bank robbery. The officer, who is in uniform yells, “Stop, you’re under arrest!” When the defendant desn’t stop, the officer tackles him. The defendant then takes out his gun and shoots the officer. Which is correct?

Answer 31

Even though the arrest was unlawful, the defendant did not have the right to use deadly force.

Question 32

To establish a defense of property, the defendant must show:
1. ?
2.
3.
4.

Answer 32

1. They used reasonable force to protect their property

Question 33

To establish a defense of property, the defendant must show:
1.
2. ?
3.
4.

Answer 33

2. From trespass or theft

Question 34

To establish a defense of property, the defendant must show:
1.
2.
3. ?
4.

Answer 34

3. When they believed their property was in immediate danger of an unlawful trespass or taking; and

Question 35

To establish a defense of property, the defendant must show:
1.
2.
3.
4. ?

Answer 35

4. That the use of force was necessary to avoid the danger

Question 36

Can you use deadly force to protect property?

Answer 36

NO

Question 37

Absent excessive or unnecessary force, one CAN OR CANNOT use force to resist an unlawful arrest?

Answer 37

CANNOT

Question 38

A police officer responding to a reported burglary saw a suspect running from the house and attempt to climb a fence. The officer saw that the suspect was unarmed and ordered him to stop. When the suspect continued climbing over the fence, the officer shot him for failing to comply with his commands. Which is correct?
A. Becuase the suspect ignored the officer’s commands, the officer could use deadly force.
B. Because the suspect was a fleeing felon, the officer could use deadly force.
C. Under these circumstances deadly force was not justified
D. Both A and B

Answer 38

C