Question 1

A finding of incompetence indicates the defendant lacked the capacity to understand the nature of the proceedings.

Accepted Answer

A) True 
 B)False

Question 2

The inanity defense looks directly to which of the following?

Accepted Answer

A)   The offender's Mens Rea
B)   The offender's Actus Reus
C)   The offender's liability
D)   The anti-social behavior of the offenderE) C) and D)
F) A) and D)

Question 3

When considering insanity as a defense, what is the primary question?

Accepted Answer

A)   Does the accused understand the act to be criminal?
B)   Does the offender suffer from some mental disease or defect that directly correlates to this inability to appreciate the fundamental illegality engaged in?
C)   Has the offender previously been institutionalized for mental illness
D)   All of the above
E)   A & B onlyF) A) and E)
G) C) and D)

Question 4

When entrapment issues are raised at trial, whose burden is it to prove it either happened or did not happen?

Accepted Answer

A)   The defense
B)   The prosecution
C)   The Police
D)   The JudgeE) None of the above
F) All of the above

Question 5

Consent is a successful defense in all sexual offenses.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following is not an issue of competency of the defendant to stand trial?

Accepted Answer

A)   Ability to appreciate the charges against him
B)   Understand the adversary nature of the legal process
C)   Disclose to counsel facts pertinent to the legal process
D)   Understanding right from wrongE) A) and B)
F) A) and C)

Question 7

When using self-defense to justify ones actions against an attacker, the primary analysis of the defense relies on

Accepted Answer

A)   Proportionality of the response
B)   Verbal interaction before the attack
C)   Intent of the defender
D)   Relationship of the attacker to the attackedE) All of the above
F) A) and C)

Question 8

Entrapment exonerates a defendant who claims that a criminal action a course of conduct unlikely chosen.

Accepted Answer

A) True 
 B)False

Question 9

A knife-wielding assailant can be met with a gun for self defense because a knife and gun has the capacity to inflict deadly injury.

Accepted Answer

A) True 
 B)False

Question 10

A declaration of legal inanity allows the defendant to escape culpability.

Accepted Answer

A) True 
 B)False

Question 11

More than 10% of defendants try the legal insanity defense.

Accepted Answer

A) True 
 B)False

Question 12

The use of force, not deadly force, upon or toward a person is justifiable when the defender believes that such force is immediately necessary to prevent or terminate an unlawful entry upon land.

Accepted Answer

A) True 
 B)False

Question 13

Some jurisdictions require that when faced with a dangerous situation, before force can be used in self-defense, the person must do which of the following, if possible?

Accepted Answer

A)   Do nothing
B)   Attack immediately
C)   Give a warning
D)   RetreatE) B) and C)
F) A) and B)

Question 14

What are the differences between substantive and procedural defenses?

Accepted Answer

Substantive defenses and procedural defe...

Question 15

In terms of self defense, a fist used can be met with a machine gun.

Accepted Answer

A) True 
 B)False

Question 16

Under what circumstances can the defense of coercion\duress be raised?

Accepted Answer

The defense of coercion or duress can be...

Question 17

In what type of cases is consent ineffectual?

Accepted Answer

A)   Murder
B)   Rape of child lawfully incapable of consent due to age
C)   Where consent was gained through fraud or trickery
D)   All of the above
E)   A & C onlyF) A) and B)
G) A) and E)

Question 18

What are the primary questions that must be asked in determining legal inanity?

Accepted Answer

Determining legal insanity involves a co...

Question 19

Which of the following insanity defenses is called the "Right\Wrong Test?

Accepted Answer

A)   M'Naghten Test
B)   The Durham Test
C)   The ALI Test
D)   The Guilty but Mentally Ill TestE) B) and C)
F) A) and D)

Question 20

In order to successfully raise a mistake or ignorance of law defense, the defendant must show

Accepted Answer

A)   Mental retardation
B)   The lack of Mens Rea
C)   A lack of criminal culpability
D)   Mental illnessE) B) and C)
F) A) and B)

Exam 11: Criminal Defenses

Some jurisdictions require that when faced with a dangerous situation, before force can be used in self-defense, the person must do which of the following, if possible?

Correct AnswerverifiedShow Answer

In order to successfully raise a mistake or ignorance of law defense, the defendant must show

Correct AnswerverifiedShow Answer

Under what circumstances can the defense of coercion\duress be raised?

Correct AnswerAnswered by ExamLex AIThe defense of coercion or duress can be...View AnswerShow Answer

A finding of incompetence indicates the defendant lacked the capacity to understand the nature of the proceedings.

Correct AnswerverifiedShow Answer

Which of the following is not an issue of competency of the defendant to stand trial?

Correct AnswerverifiedShow Answer

When considering insanity as a defense, what is the primary question?

Correct AnswerverifiedShow Answer

A knife-wielding assailant can be met with a gun for self defense because a knife and gun has the capacity to inflict deadly injury.

Correct AnswerverifiedShow Answer

In what type of cases is consent ineffectual?

Correct AnswerverifiedShow Answer

In terms of self defense, a fist used can be met with a machine gun.

Correct AnswerverifiedShow Answer

More than 10% of defendants try the legal insanity defense.

Correct AnswerverifiedShow Answer

A declaration of legal inanity allows the defendant to escape culpability.

Correct AnswerverifiedShow Answer

Consent is a successful defense in all sexual offenses.

Correct AnswerverifiedShow Answer

What are the primary questions that must be asked in determining legal inanity?

Correct AnswerAnswered by ExamLex AIDetermining legal insanity involves a co...View AnswerShow Answer

Which of the following insanity defenses is called the "Right\Wrong Test?

Correct AnswerverifiedShow Answer

When entrapment issues are raised at trial, whose burden is it to prove it either happened or did not happen?

Correct AnswerverifiedShow Answer

The use of force, not deadly force, upon or toward a person is justifiable when the defender believes that such force is immediately necessary to prevent or terminate an unlawful entry upon land.

Correct AnswerverifiedShow Answer

When using self-defense to justify ones actions against an attacker, the primary analysis of the defense relies on

Correct AnswerverifiedShow Answer

What are the differences between substantive and procedural defenses?

Correct AnswerAnswered by ExamLex AISubstantive defenses and procedural defe...View AnswerShow Answer

The inanity defense looks directly to which of the following?

Correct AnswerverifiedShow Answer

Entrapment exonerates a defendant who claims that a criminal action a course of conduct unlikely chosen.

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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Correct Answer
Answered by ExamLex AI
The defense of coercion or duress can be...
View Answer

Correct Answer
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Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
Determining legal insanity involves a co...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
Substantive defenses and procedural defe...
View Answer

Correct Answer
verified

Correct Answer
verified