CRIM - General Principles & Defenses

Question 1

Involuntary intoxication

Answer 1

1. is a complete defense to a crime
2. if, as a result of the intoxication,
3. the D does not know the nature and quality of his act
4. or that it is wrong

Question 2

Voluntary Intoxication

Answer 2

1. is only a defense where
2. it negates the existence of a specific intent
3. usually, the specific intent of the crime charged

Question 3

Infancy

Answer 3

1. a person less than seven years of age
2. is not typically deemed to have the criminal capacity for any offense
3. at 14, a person is presumed to have acquired full adult criminal capacity for all offenses

Question 4

Mistake of Fact

Answer 4

1. Innocence or mistake of fact
2. is a defense when it negates the existence
3. of a mental state essential to the crime charged

Question 5

Mistake of Law

Answer 5

1. generally, a mistake of law is not a defense to a specific intent crime.
2. however, if awareness of come legal proposition is an element of the specific intent crime,
3. ignorance of the law may negate the specific intent required

Question 6

Duress

Answer 6

1. is a defense where
2. the defendant is forced to commit a criminal act
3. because of threats of harm to the defendant or another person

Question 7

Necessity

Answer 7

1. is a defense where
2. the defendant is forced to commit a criminal act
3. because of the physical forces of nature

Question 8

Public Authority

Answer 8

1. a public officer
2. is justified in using reasonable force against another
3. when he is acting in his official capacity

Question 9

Domestic Authority

Answer 9

1. a parent of a minor child
2. is justified in using reasonable force
3. to discipline the child

Question 10

Entrapment

Answer 10

1. is a defense where
2. the government has
3. manufactured the crime,
4. as opposed to encouraging or merely afford opportunities or facilities
5. for the commission of the offense