Chapter 2 pt. 1

Question 1

Justification and excuse defenses are referred to as ______ _______ because the defendant must raise them I order for the jury to consider them.

Answer 1

Affirmative defenses

Question 2

A ________ _________ is raised when the defendant admits that he or she is responsible for the act but claims that, under the circumstances, the act was not criminal , that what he or she did was lawful.

Answer 2

Justification defense

Question 3

What may be successfully claimed if the defendant can demonstrate that he or she used force to repel an imminent, unprovoked attack that would have caused serious injury.

Answer 3

Self-Defense

Question 4

The Defendant cannot use excessive force.

Answer 4

True

Question 5

Deadly Force may be used only when an attack is either in progress or “________”

Answer 5

Imminent

Question 6

What means it will occur immediately?

Answer 6

Imminent

Question 7

One may use deadly force if they are…..

Answer 7

faced with deadly force

Question 8

What doctrine requires that a person must retreat rather than use deadly force if it is possible to retreat without incurring harm.

Answer 8

Retreat doctrine

Question 9

What doctrine goes against the retreat doctrine and states that the civdim of an attack need not retreat and may use whatever Forde is necessary to repel an attack.

Answer 9

True man doctrine

Question 10

What states that a person attacked in their home does not have to retreat even if retreat is possible?

Answer 10

Castle Doctrine

Question 11

Self defense may also apply to the defense of others and in some circumstances defense of property.

Answer 11

True

Question 12

______ is also a defense in certain crimes

Answer 12

Consent

Question 13

Can someone consent after the fact to injuries already obtained?

Answer 13

No

Question 14

What defense recognized the value society places on obeying the law and in permitting those charged with enforcing the law the authority necessary to carry out those duties.

Answer 14

Execution of public duties

Question 15

At common law, police could use deadly force to apprehend any fleeing felon. This is known as what?

Answer 15

Fleeing Felon Rule

Question 16

With an _______ defense the defendant admits that what he or she did was wrong but argues that, under circumstances, he or she is not responsible for the improper conduct.

Answer 16

excuse

Question 17

What may be raised as a defense in a limited number of situations.

Answer 17

Duress

Question 18

Voluntary and involuntary intoxication refers to the effect of either alcohol or drugs.

Answer 18

Yes

Question 19

________ intoxication never provides a complete defense, but it may be used to mitigate the punishment.

Answer 19

Voluntary

Question 20

_________ provides a complete defense if it can be shown that the actor was unaware that he or she was being drugged.

Answer 20

Involuntary

Question 21

Two types of mistake defenses
1.
2.

Answer 21

1. mistake of law

2. Mistake of fact

Question 22

Lack the requisite mental capability to form mens rea or criminal intent based on age.

Answer 22

Infancy defense

Question 23

Holds that the state should act in the best interests of a child.

Answer 23

Parens patriae doctrine

Question 24

What is a legal term that refers to the lack of criminal culpability due to mental illness or defect?

Answer 24

Insanity

Question 25

If insanity is established, the defendant does not possess the requisite mens rea to have committed a crime.

Answer 25

True

Question 26

the irresistible impulse test, the Product test, and the substantial capacity test

Answer 26

M’Naghten rule

Question 27

The M’Naghten Test for insanity focuses on the defendant’s intellectual capacity to know what they are doing and to distinguish right from wrong.

Answer 27

True

Question 28

What test defines insanity as when a defendant is unable to control his or her conduct because he or she suffers from a mental disease?

Answer 28

Irrestible impulse test

Question 29

The ________ test for insanity states that the defendant is not criminally responsible if his or her act was “the product of mental disease or defect.”. Also known as

Answer 29

Product test

Product ruke

Question 30

What defines insanity as when the defendant lacks substantial capacity to either control his or her conduct or appreciate the wrongfulness of his or her conduct.

Answer 30

Substantial capacity test