[CJ] Chapter 5: Defenses {Affirmative Defenses}

Question 1

Self defense

Answer 1

When the defendant admits that they did the crime, but it was justified by the others threatening actions.

Question 2

Retreating

Answer 2

Removing yourself from the situation so it won’t go any further.

Question 3

Defense of premises

Answer 3

When it is reasonable to believe the use of force is necessary to prevent the commission or attempt commission of larceny or criminal mischief on the premises.

Question 4

Insanity defense

Answer 4

Whether or not the defendant is capable of controlling the behavior and that they have done wrong.

Question 5

Pre trail competency hearing

Answer 5

To see whether the defendant has the mental capacity to stand trial and assist their own defense.

Question 6

Who is the one to decide if the defendant is guilty or not by reason of insanity?

Answer 6

The jury is the one to decide if the defendant is guilty or not by reason of insanity.

Question 7

Preponderance of the evidence

Answer 7

Based on the evidence presented, it is more likely that the defendant was insane at the time of the crime.

Question 8

Who has the burden of proof during the claim of insanity?

Answer 8

The defendant carries the burden of proof.

Question 9

Intoxication

Answer 9

Suggesting the defendant was too drunk or high of drugs/alcohol to think clearly.

Question 10

Does voluntary intoxication excuse criminal conduct?

Answer 10

No, voluntary intoxication does not excuse criminal conduct. Defendants should know that alcohol does affect one mental state, and thus they should be held legally responsible if they commit crimes if use of drugs/alcohol voluntary.

Question 11

Entrapment

Answer 11

Defense that says that the defendant was forced to commit the crime by agents of the government.

Question 12

Necessity

Answer 12

A defense that argues that the defendant committed the crime to prevent more significant harm.