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Penal Law > Session #2 Article 35 Questions > Flashcards

Session #2 Article 35 Questions Flashcards

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1
Q

“Justification” is a “defense” which must be disproved by the prosecution beyond a reasonable doubt.

A: TRUE
B: FALSE

A

A: TRUE

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2
Q

“Justification,” as a defense, is only available when the conduct involved is the use of physical force or deadly physical force.

A: TRUE
B: FALSE

A

B: FALSE

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3
Q

“Deadly physical force” is not always justified in preventing a burglary.

A: TRUE
B: FALSE

A

A: TRUE

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4
Q

“Deadly physical force” is not always justified in arresting for burglary.

A: TRUE
B: FALSE

A

A: TRUE

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5
Q

Civilians and police officers have essentially the same legal authority to use deadly physical force in order to prevent robbery.

A: TRUE
B: FALSE

A

A: TRUE

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6
Q

Civilians and police officers have essentially the same legal authority to use deadly physical force in arresting for robbery.

A: TRUE
B: FALSE

A

B: FALSE

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7
Q

A civilian may legally use deadly physical force when necessary to arrest for any homicide.

A: TRUE
B: FALSE

A

B: FALSE

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8
Q

A police officer may legally use deadly physical force to arrest for any felony.

A: TRUE
B: FALSE

A

B: FALSE

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9
Q

A police officer who is trying to arrest a known murderer must use deadly physical force, if necessary, to effect the arrest.

A: TRUE
B: FALSE

A

B: FALSE

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10
Q

A police officer who is trying to arrest for the burglary of a dwelling may always use deadly physical force if necessary.

A: TRUE
B: FALSE

A

B: FALSE

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11
Q

Police officers and private persons have somewhat similar authority for using deadly physical force to arrest in which of the following cases?

A: Burglary 1st Degree
B: Forcible C.S.A. (Sodomy)
C: Kidnapping
D: Arson

A

B: Forcible C.S.A. (Sodomy)

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12
Q

Which of the follow is not correct re: the use of force as outlined in Article 35 of the Penal Law?

A: A private citizen may use DPF to arrest a person fleeing from the commission of Forcible Rape.
B: An owner of a building may not use DPF to prevent or terminate all burglaries of the building.
C: A private person may use physical force, when necessary, to make a lawful arrest.
D: A private person may use DPF to arrest for Arson if the arsonist is in immediate flight

A

D: A private person may use DPF to arrest for Arson if the arsonist is in immediate flight

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13
Q

A police officer may properly use deadly physical force in which of the following instances?

A: To prevent any rape
B: To prevent any burglary
C: To prevent any C.S.A
D: To prevent any robbery

A

D: To prevent any robbery

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14
Q

Which of the following is correct re: a police officer’s authority to use deadly physical force according to the Penal Law?

A: It can be used to arrest for any felony.
B: It can be used to arrest for any burglary of a dwelling.
C: It can be used to arrest for any degree of arson.
D: It can be used to arrest for any degree of escape.

A

C: Remember, Article 35 was not amended to consider Arson 5th Degree.

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15
Q

Which of the following statements is not correct according to the Penal Law?

A: A police officer may use deadly physical force when necessary to capture any arsonist.
B: A homeowner may, if necessary, use deadly physical force to terminate a burglary in his dwelling.
C: A female may use deadly physical force to prevent the commission of sexual abuse.
D: Police and civilians generally have the same authority to use deadly physical force to prevent some offenses.

A

C: Remember, Article 35 was not amended to consider Arson 5th Degree.

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16
Q

A civilian may not use deadly physical force to make an arrest in which of the following instances?

A: Murder
B: Forcible Rape
C: Manslaughter 1st Degree
D: Assault with a Deadly Weapon

A

D: CODE WORD: MR & MRS

17
Q

In attempting to arrest for an offense, a police officer may, according to the Penal Law, use necessary deadly physical force when the offense is:

A: Burglary, Assault, Kidnapping, Escape 1st Degree.
B: Larceny, Burglary 1st Degree, Arson.
C: Burglary 1st Degree, Arson, Kidnapping, Escape 1st Degree
D: Criminal Trespass, Arson, Robbery, Kidnapping.

A

C: Remember, Article 35 was not amended to consider Arson 5th Degree.

Penal Law (3 decks)

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