Defenses

Question 1

N.C Insanity Test

Answer 1

the M’Naghten Test for insanity, which requires

1. incapable of knowing the nature of your act
2. incapable of knowing the consequences of your cat

Question 2

Insanity must be proved to

Answer 2

the satisfaction of the jury

Question 3

The jury must also be told that a finding of not guilty by reason of insanity will not result in release, but will re-quire the defendant to be held:

Answer 3

to determine if civil confinement will be appropriate

Question 4

Who has original jurisdiction over juveniles?

Answer 4

District court

Question 5

When can a juvenile be tried in superior court

2

Answer 5

1. must be transferred for a Class A felony

2. may if > 13 + felony chargers

Question 6

Can only use deadly force as self defense in response to

Answer 6

1. actual deadly assault

≠ fear of a deadly assault

Question 7

There must be a necessity to use self-defense: that necessity can be:

Answer 7

1. real; or,

2. apparent (a good fake gun)

Question 8

Can only use deadly force to protect?

Answer 8

self or family

Question 9

A person may use deadly force to defend his home or habitation against another person attempting unauthorized entry if:
(2)

Answer 9

1. reasonably believe there is a danger of death or great bodily harm; or,
2. If you reasonably believe someone is intending to commit a felony (≠ fear)

Question 10

What is the rule of retreat in N.C.

Answer 10

there is no rule, never a need for home or business

Question 11

It is imperfect self-defense where:

2

Answer 11

1. unreasonably use deadly force

2. initial victim escalates the assault to the point where you need to use deadly force (∆is initial aggressor)

Question 12

In order to use the entrapment defense under North Carolina law, the defendant must show that:
(2)

Answer 12

1. ∆ was not predisposed to commit the offense; and,

2. ∆ must show -but for- law enforcement’s act, the ∆would not have committed the offense.