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Criminal Law Chapter 6

Terms in this set (34)

________ admit that the action committed by the defendant was wrong and that it violated the criminal law, but claim that the defendant should not be held accountable under the criminal law by virtue of special conditions or circumstances that suggest the defendant is not responsible for his or her deeds.
A) Mistakes of law
B) Excuses
C) Errors
D) Justifications
B) Excuses
Jack kidnaps Roy and Roy's wife at gunpoint. Jack drives them to a bank and tells Roy to go into the bank and rob it or he will kill his wife. Roy robs the bank. Roy's defense to a charge of bank robbery is ________.
A) duress
B) entrapment
C) culpable ignorance
D) temporary insanity
A) duress
Generally speaking, ________ is a defense only when the harm caused by the crime committed is less serious than the harm avoided.
A) mistake
B) age
C) duress
D) entrapment
C) duress
________ is generally not regarded as an effective defense because the law generally holds that a person who voluntarily puts himself or herself in a condition must be held responsible for the consequences of that condition.
A) Infancy
B) Intoxication
C) Entrapment
D) Duress
B) Intoxication
Craig flies into New York City and goes to the baggage area to get his suitcase. He takes the wrong bag, a black one identical to his, thinking he has his own bag. The real owner of the bag stops him and accuses Craig of theft. Craig's defense is ________.
A) ignorance of the law
B) psychological error
C) mistake of fact
D) mistake of law
C) mistake of fact
Felicia lives in a city where it is legal to turn right on a red light. She is visiting in a city where this is illegal, and she gets a ticket for turning right on a red light. Felicia has no defense to the ticket due to her ________.
A) mistake of fact
B) culpable ignorance
C) lack of duress
D) involuntary intoxication
B) culpable ignorance
One rationale for the infancy defense is that children are too young to make a conscious ________.
A) choice between good an devil
B) decision
C) choice to commit a criminal act
D) syndrome-based defense
A) choice between good an devil
Most states do not impose full criminal culpability on children under what age?
A) 15
B) 16
C) 18
D) 12
C) 18
________ defenses may be raised where public law enforcement officials induce or encourage an otherwise law-abiding person to engage in illegal activity.
A) Compulsion
B) Ignorance of fact
C) Duress
D) Entrapment
D) Entrapment
Larry earns his living selling cocaine. He is eating dinner with a man who he thinks is a friend, but the man is really an undercover police officer. When Larry comments that he is looking for a new source of cocaine, the officer volunteers to sell Larry some cocaine. When this encounter results in Larry being charged with a crime, what will happen?
A) Larry will not be able to claim the defense of entrapment.
B) Larry will be able to claim the defense of duress.
C) Larry will be able to claim the defense of entrapment.
D) Larry will be able to claim outrageous government conduct.
A) Larry will not be able to claim the defense of entrapment.
A complex of signs and symptoms presenting a clinical picture of a disease or disorder is a ________.
A) defense
B) justification
C) psychological error
D) syndrome
D) syndrome
Mary is charged with killing her husband while he slept. Her husband repeatedly beat Mary over 10 years of marriage. Even though Mary was in no immediate danger when she killed her husband, her lawyer may argue for ________.
A) the in fancy defense
B) culpable ignorance as a defense
C) entrapment as a defense
D) a syndrome-based defense
D) a syndrome-based defense
Competency to stand trial focuses on the defendant's condition at the time of ________.
A) the offense
B) sentencing
C) the trial
D) his or her arrest
C) the trial
To be considered ________, the defendant must be able to consult with his or her lawyer with a reasonable degree of understanding and understand the proceedings against him or her.
A) legally sane
B) of normal intelligence
C) competent to stand trial
D) mentally healthy
C) competent to stand trial
The court will find a defendant ________ if as a result of a mental illness, defect, or disability, a defendant is unable to understand the nature and object of the proceeding against him or her or to assist in the preparation of his or her own defense.
A) incompetent to stand trial
B) legally insane
C) not guilty by reason of insanity
D) guilty but mentally ill
A) incompetent to stand trial
Insanity is a ________ term.
A) medical
B) social and legal
C) psychiatric
D) all of the above
B) social and legal
The ________ for determining insanity asks whether the defendant knew what he or she was doing or whether he knew what he was doing was wrong.
A) DurhamRule
B) M'Naughten Rule
C) substantial capacity test
D) irresistible impulse test
B) M'Naughten Rule
The ________ for determining insanity holds that the accused is not criminally responsible if his or her unlawful act was the product of mental disease or defect.
A) DurhamRule
B) irresistible impulse test
C) substantial capacity test
D) M'NaughtenRule
A) DurhamRule
The verdict of guilty but mentally ill is the equivalent of a(n) ________.
A) not guilty by reason of insanity
B) guilty verdict
C) acquittal
D) mistrial
B) guilty verdict
True/false questions
Excuses are affirmative defenses and must be raised by the defendant
True
True/False Questions
Duress, which also known as compulsion, is when an individual is forced to act against one's will.
True
True/False Questions
A claim of intoxication is usually regarded as an effective defense because most intoxicated individuals are not responsible for their impaired state.
False
True/False Questions
Involuntary intoxication is generally a result of an individual unknowingly ingesting an intoxicating substance.
True
True/False Questions
An honest mistake of law will generally preclude criminal liability.
False
True/False Questions
Children under that age of 18 are referred to as juvenile offenders rather than criminals to avoid any stigmatization that may follow them into adulthood.
True
True/False Questions
One rationale for the infancy defense is that children are too young to complete the actus rea needed for criminal activity.
False
True/False Questions
The defense of entrapment is not built on the assertion that had it not been for government instigation, no crime would have occurred.
False
True/False Questions
The defense of compulsion claims that law enforcement officers are guilty of manufacturing a crime where none would otherwise exist.
False
True/False Questions
The objective approach to assessing entrapment is sometimes referred to as the defense of outrageous government conduct.
True
True/False Questions
Some defense attorneys have used syndrome-based defenses to lessen the degree of an offender's criminal liability, where some accountability remains.
True
True/False Questions
Even someone experiencing a psychotic episode can be competent to stand trial.
False
True/False Questions
The defense of insanity is in the category of excuses.
True
True/False Questions
The ALI substantial capacity test is a modernized version of the M'Naughten Rule.
True
True/False Questions
The insanity defense is used in less than 1% of felony cases in the United States.
True
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