Chapter 5: Criminal Defenses

Question 1

Factual defense

Answer 1

Someone employing a factual defense is simply claiming that he or she did not commit the crime.

Question 2

Legal defense

Answer 2

A legal defense asserts that there is a legal reason to not hold someone criminally responsible for a crime.

Question 3

Justifications

Answer 3

When the accused admits to committing the act but makes a claim that it was necessary to do so in order to avoid some greater evil.

Question 4

Excuses

Answer 4

When the accused makes a claim that due to some personal circumstance or condition at the time of the act he / she should not be held criminally responsible.

Question 5

Affirmative defense

Answer 5

A response to a criminal charge where the accused puts forth their own evidence claiming why they should not be held criminally liable for their actions.

Question 6

Common types of justification defenses

Answer 6

Necessity
Self-defense
Defense of others
Defense of home and property
Consent

Question 7

Necessity

Answer 7

The defense of necessity asserts that to avoid or prevent a great harm, it was necessary to commit an act that was unlawful.

Question 8

Reasonable person

Answer 8

Someone with common sense, someone who acts with a level of caution that a normally prudent person would, someone who possesses the average mental capacity of normal human being.

Question 9

Apparent danger

Answer 9

A form of danger that is imminent when the action or behavior of an aggressor makes the threat of harm or danger obvious.

Question 10

Imminent danger

Answer 10

Danger that is obvious, present and immediate.

Question 11

Execution of public duty defense

Answer 11

A legal defense to a charge of criminal conduct, for example an assault, that is legislated and that prevents sworn law enforcement personnel, such as police officers and other public officials from being held criminally responsible for the lawful execution of their duties.

Question 12

Defense of property can include

Answer 12

• The protection of one’s personal property
• The defense of one’s home or dwelling
• The defense of another person’s property
• The use of a mechanical device to protect one’s property

Question 13

Consent defense

Answer 13

The defense of consent asserts that someone claiming an injury either had agreed to sustaining the injury in question or understood and accepted the possibility of sustaining injury prior to the injurious activity that was undertaken.

Question 14

Excuse defense

Answer 14

An excuse defense admits that the behavior committed by the accused was wrong and unlawful while asserting that they should be excused from criminal responsibility due to some type of special circumstance or condition.

Question 15

Common types of excuse defenses include

Answer 15

Duress
Intoxication
Mistake
Age
Entrapment
Mental incompetence

Question 16

Duress

Answer 16

A circumstance where a person is forced to act against their own will, also referred to as compulsion

Question 17

Two types of intoxication

Answer 17

Voluntary intoxication: voluntary and willful intoxication by ingestion, injection or some other method of intoxicating substances

Involuntary intoxication: intoxication that is not voluntary or willful

Question 18

Mistake of fact

Answer 18

A misunderstanding, misinterpretation or forgetting about a fact that relates to a particular situation or a belief that something or some condition exists when it does not.

Question 19

Ignorance of fact

Answer 19

A lack of knowledge of a fact that relates to a particular situation.

Question 20

Mistake of law

Answer 20

A misinterpretation or a misunderstanding of the law as it relates to a particular circumstance.

Question 21

Ignorance of the law

Answer 21

A absence of knowledge about the law or of the presence of a law as it relates to a particular situation.

Question 22

Culpable ignorance

Answer 22

When a person fails to use normal or odinary care to attain knowledge of the law they may be held criminally responsible.

Question 23

Age

Answer 23

Defenses based on age are often referred to as immaturity or infancy defense

Question 24

Entrapment

Answer 24

The foundation of the defense of entrapment asserts that if it had not been for the actions on the part of the government, there would have been no crime committed.

Question 25

Subjective test

Answer 25

Examines the characteristics of the defendant to determine if the accused was predisposed to the behavior / commission of the crime.

Question 26

Objective test

Answer 26

Examines the behavior of law enforcement to determine if the actions were extreme and / or outrageous.

Question 27

Mental incompetence

Answer 27

Criminal defenses based on a lack of mental competence can be divided into two categories: competency and sanity.

Question 28

Difference between the decision of competence vs. the decision of insanity

Answer 28

It is important to note that insanity is a matter that is decided by a jury as opposed to competence, which is decided by the court.

Question 29

Four different instances in which insanity is argued

Answer 29

1. At the time of the crime
2. At the time of the trial (incompetency)
3. During incarceration
4. Just prior to execution

Question 30

According to the video about the 6th Amendment, which case extended the right to an attorney to those accused of committing state crimes?

Answer 30

Gideon vs Wainwright

Question 31

According to the alibi video, the Latin translation of the word “alibi” means:

Answer 31

Somewhere else

Question 32

In the Queen vs Dudley/Stephens video, what case in the United States did the British courts look to for comparison?

Answer 32

U.S. vs Holmes

Question 33

According to the video on competency to stand trial the two prong test to determine someone’s competency to stand trial (Dusky vs. U.S.) includes: (choose two)

Answer 33

a sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding

Question 34

According to the video on insanity defenses, which of the following is NOT one of the rules / tests?

Answer 34

Competency Rule

Question 35

According to the video on insanity defense myth busting, the insanity defense is used in what percentage of felony cases?

Answer 35

1%