Quiz 2-Final Exam Review Flashcards
A defense to a charge of attempted criminal activity that claims the defendant could not have actually or legally committed the envisioned offense even if she had been able to carry through the attempt to do so in the defense of:
impossibility
The logical/legal requirement that a conspiracy must involve 2 or more parties is known as the:
plurality agreement
The 2 main types of defenses discussed in class were:
factual and legal
A person whose acts directly resulted in the criminal conduct in question as discussed in class is the
principal first degree
Consent is what type of defense?
justification defense
A rule that says a person can only defend a third party under circumstances and only the degree that the third could act is known as the:
alter-ego rule
An exception to the retreat rule that recognizes a person’s fundamental rights to be in his or her own home and also recognizes the home as a final and inviolable place of retreat as discussed in class is known as:
castle exception
The Durham Rule is known as the:
Product Rule
Lack of knowledge of some fact relating to a situation at hand is known as:
ignorance of fact
Lying in wait, unlawful entry of a structure with intent to commit a crime, possessing materials to be employed in a crime and reconnoitering a place contemplated for the commission of a crime are examples of:
substantial steps
Criminal liability placed on one party for the acts of another is known as:
vicarious liability
The 2 forms of legal defenses discussed in class were:
justifications and excuses
An answer to a criminal charge in which the defendant takes the offensive and responds to the allegations with his/her own assertions based on legal principles is known as:
affirmative defense
Defense that is built on the assertion that, had it not been for government instigation, no crime would have occurred is known as:
entrapment
A complex of signs and symptoms presenting a clinical picture of a disease or disorder discussed in class is known as a:
syndrome
NGRI stands for:
Not guilty by reason of insanity
A legal test popular in England during the late 19th century which was abandoned amidst charges that the test made it impossible for law enforcement to prevent commission of a substantive crime is known as the:
last act test
The 3 main elements for the crime of conspiracy are 1. an agreement between 2 or more people 2. the intention to carry out an at that is unlawful or one that is lawful but i to be accomplished by unlawful means 3. a culpable intent on the part of the defendants: true/false
true
A person who is present at the crime scene and who aided, abetted, counseled or encouraged the principal as discussed in class is known as:
principle second degree
A justification defense is where the defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under criminal law
false
The degree of blameworthiness of one who aids, abets, encourages or assists another person in the commission of a crime is called accomplice liability: true/false
true
An unfinished crime that generally leads to another crime is known as a:
inchoate crime
The encouraging, requesting or commanding another to commit a crime is known as
criminal solicitation
Most states have a “fleeing felon” rule: true/false
false
The degree of force that is appropriate in a given situation and is not excessive; the minimum degree of force necessary to defend one’s self, one’s property, a third party or the property of another in the face of a substantial threat as discussed in class is known as:
reasonable force
A defense to a criminal charge, such as assault, this is often codified and that precludes the possibility of police officers and other public employees from being prosecuted when lawfully exercising their public duties is known as execution of public duty defense: true/false
true
A form of imminent danger that is said to exist when the conduct or activity of an attacker makes the threat of danger obvious as discussed in class is known as:
apparent danger
Self-defense is based on the recognition that individuals have the inherent right to protect themselves and that to reasonably defend one’s self from unlawful attack is a natural response to threatening situations: true/false
true
Marco Rubio kidnaps Ted Cruz and Ben Carson at gunpoint. Marco Rubio then drives them to a bank and tells Ted Cruz to go and rob the bank of Donald Trump’s money or else he will kill Ben Carson. Ted Cruz robs the bank. Ted Cruz’s defense to a charge of bank robbery would be:
duress
culpable ignorance is an individual’s failure to exercise ordinary care to acquire knowledge of the law that may result in criminal liability: true/false
true
The 3 types of inchoate rimes discussed in class were criminal attempt, criminal conspiracy and criminal solicitation: true/false
true
When a defendant admits to committing the act in question but claims it was necessary to avoid some greater evil is known as a:
justification defense
A type of criminal defense that must be raised and supported by the defendant independently of any claims made by the prosecutor is known as:
affirmative
A person is found competent to stand trial if, he or she, at the time of trial has sufficient present ability to consult with his or her lawyer with a reasonable degree of understanding and a rational as well as factual understanding of the proceedings: true/false
true
Robert is hiking on a mountain when a blizzard rolls in making it impossible for him to hike down. As he searches for shelter, he comes across a cabin in which he can see food and a fireplace. Fearing he will die from exposure, he breaks down the door and stays in the cabin for several days, eating all of the food and using most of the firewood. When the weather clears, he climbs down the mountain. Which of the following defenses could Robert use against a charge of burglarly?
necessity
Mere preparation to commit a crime is generally sufficient to constitute the crime of criminal attempt: true/false
false
Spongebob watches Patrick Star unlawfully start a fight with Sandy Cheeks. When Sandy Cheeks begin to get the best of Patrick Star, Spongebob steps in to help Patrick Star. Spongebob may not escape criminal responsibility by claiming that his actoin was a legitimate defense of others: true/false
true
NGRI stands for:
Not guilty by Reason of Insanity
Involvement in a crime in any capacity is known as:
complicity
Intoxication that is not willful is known as involuntary intoxication: true/false
true
