Q&A Hero

Q: States vary as to who has to prove insanity and how convincingly they have to do so.

Q: There are three elements to the right-wrong test created in McNaughtan.

Q: A 2003 study found that only 26 percent of insanity pleas were argued successfully.

Q: The use of the insanity defense is limited to murder cases.

Q: With an affirmative defense, defendants have to carry some of the burden of proving they have an excuse that will relieve them of criminal responsibility.

Q: A defendant with prior convictions for similar offenses would probably fare best in a jurisdiction that uses the subjective test of entrapment.

Q: A syndrome is defined as a group of symptoms typical of a particular disease or condition.

Q: Defendants who argue excuses such as Post-traumatic Stress Disorder or PMS rarely succeed.

Q: Most defendants who utilize the insanity defense do so successfully.

Q: The substantial capacity test is supposed to remove the objections to the right-wrong test.

Q: Since 2005, more than forty states have passed or proposed new "Castle Doctrine" legislation intended to expand the right to use deadly force in self-defense. Some argue that these new laws are the expression of one's "right to defend" while others argue that they are a "license to kill." Explain each argument and make your own argument for one side or the other.

Q: One element of self-defense is that the attack was unprovoked. Explain what it means for an attack to be unprovoked. Provide an example. The one exception to this element is the withdrawal exception. Explain the withdrawal exception and provide an example.

Q: Two types of affirmative defenses are "perfect" and "imperfect" defenses. Explain the difference between a "perfect" and an "imperfect" defense. Provide examples of each. What is one exception to a "perfect" defense?

Q: Explain the defense of consent. In most states, the law recognizes only four situations where consent justifies otherwise criminal conduct. What are those situations? What does it mean to say that "the heart of the defense of consent is the high value placed on individual autonomy in a free society?"

Q: The concept of retreat has undergone historic transformation since the English common law requirement that one "retreat to the wall." Explain thi transformation and how it's altering the stand-your-ground rule and the retreat rule.

Q: The general rule regarding self-defense is that a person must retreat if they can safely do so before using deadly force. Explain the "castle exception" to this rule.

Q: Discuss the general rules on the use of force and deadly force. Be sure to provide examples.

Q: Explain the choice-of-evils defense and present an example.

Q: List and explain the four elements of self-defense. Are there any exceptions to any of these elements? If so, explain.

Q: Discuss the differences between justification and excuse defenses. Be sure to give an example of each.

Q: If you don"t _____________ a fight, you can stand your ground and kill to defend yourself without retreating from any place you have a right to be.

Q: There is no duty to _____________ from your own home to avoid using deadly force.

Q: The choice to commit a lesser crime to avoid a(n) _____________ threat of harm from a greater crime is justified.

Q: A _____________ defense is one that, if established, requires an acquittal.

Q: A(n) _____________ defense is one which only reduces the conviction to a lesser offense.

Q: The _____________ Personal Protection Law (2009) became the model for most of the new castle laws.

Q: The defense of consent represents the high value placed on individual _____________ in a free society.

Q: Most justifications and excuses are _____________ defenses.

Q: In the _____________ defenses, defendants admit what they did was wrong but claim that, under the circumstances, they weren"t responsible for what they did.

Q: In the _____________ defenses, defendants admit they were responsible for their acts but claim what they did was right.

Q: Some self-defense statutes allow you to kill someone you reasonably believe is about to commit a serious felony against you that doesn"t threaten either your life or serious bodily injury.

Q: Self-defense consists of four elements.

Q: If you use force to protect yourself, your home or property, or the people you care about, you"ve violated the rule of law.

Q: Most affirmative defenses are imperfect defenses.

Q: Defendants are not criminally liable if their actions were justified under the circumstances.

Q: Defendants are criminally liable if they were not responsible for their actions

Q: There's no empirical research to help explain why so many states have adopted the "new castle laws."

Q: Historically, self-defense meant protecting yourself and the members of your immediate family.

Q: A victim of domestic violence is justified in shooting her cohabitant husband while he is asleep.

Q: "Inevitable" harm is the same as "imminent" harm.

Q: Retribution is the heart of the defense of self-defense.

Q: A classic excuse defense is insanity.

Q: Force may lawfully be used as a preemptive strike against a potential attacker.

Q: The American Prosecutors Research Institute Symposium experts saw one possible positive effect of the castle lawsthat they"ll deter crime.

Q: Most deadly force statutes do not include the curtilage.

Q: The "New Castle Doctrine" laws are transforming the law of self-defense.

Q: At the heart of the defense of consent is the high value placed on group autonomy in a free society.

Q: The Model Penal Code choice-of-evils provision contains five elements.

Q: The law of self defense is undergoing major transformation.

Q: In the justification defenses, defendants admit they were responsible for their acts but claim what they did was right (justified) under the circumstances.

Q: In all jurisdictions, a person must retreat from their home if they can safely do so before using deadly force.

Q: The four elements of self-defense are unprovoked attack, necessity, proportionality, and reasonable belief.

Q: The initial aggressor or attacker can never claim self-defense.

Q: Self-defense laws have not changed in many years and are not currently changing.

Q: The retreat rule is the minority rule.

Q: An imperfect defense, such as imperfect self-defense, may, in some jurisdictions, reduce a murder to manslaughter.

Q: Most affirmative defenses are perfect defenses

Q: In both justifications and excuses, the defendant admits doing the criminal act.

Q: Insanity is an example of a justification defense.

Q: Deadly force may never be used for defense.

Q: Tiffany is walking to the market to buy groceries. A man comes up behind her and puts a gun in her back. He tells her to step into the alley with him. Tiffany goes to the alley with the man who tells her to remove her clothes. Before she can do what he says the man drops the gun and Tiffany grabs it and shoots him. The man dies. If Tiffany is acquitted she has achieved which of the following? a. a perfect defense b. an imperfect defense c. a positive defense d. a negative defense

Q: Tiffany is walking to the market to buy groceries. A man comes up behind her and puts a gun in her back. He tells her to step into the alley with him. Tiffany goes to the alley with the man who tells her to remove her clothes. Before she can do what he says the man drops the gun and Tiffany grabs it and shoots him. The man dies. Tiffany's defense is described best as a. failure-of-proof defense b. diminished capacity defense c. excuse defense d. affirmative defense

Q: Tiffany is walking to the market to buy groceries. A man comes up behind her and puts a gun in her back. He tells her to step into the alley with him. Tiffany goes to the alley with the man who tells her to remove her clothes. Before she can do what he says the man drops the gun and Tiffany grabs it and shoots him. The man dies. If Tiffany is charged with murder which of the following defenses should she use? a. failure-of-proof defense b. diminished capacity defense c. justification defense d. attendant circumstances defense

Q: Savannah and her girlfriend Vanessa have been drinking at her apartment most of the afternoon. They are arguing when Savannah goes into her bedroom and gets her gun. She shoots at Vanessa but misses. Vanessa leaves the apartment and gets a gun from her car. She returns to the apartment. Savannah yells stop and runs towards the bathroom. Vanessa shoots at her but also misses. Savannah turns and shoots Vanessa. What kind of defense to criminal liability would Savannah most likely use? a. self-defense. b. excuse. c. incompetence. d. consent.

Q: Savannah and her girlfriend Vanessa have been drinking at her apartment most of the afternoon. They are arguing when Savannah goes into her bedroom and gets her gun. She shoots at Vanessa but misses. Vanessa leaves the apartment and gets a gun from her car. She returns to the apartment. Savannah yells stop and runs towards the bathroom. Vanessa shoots at her but also misses. Savannah turns and shoots Vanessa. What exception allows Savannah to claim self-defense in this situation? a. the withdrawal exception. b. the retreat exception. c. the stand-your-ground exception. d. the castle exception.

Q: Savannah and her girlfriend Vanessa have been drinking at her apartment most of the afternoon. They are arguing when Savannah goes into her bedroom and gets her gun. She shoots at Vanessa but misses. Vanessa leaves the apartment and gets a gun from her car. She returns to the apartment. Savannah yells stop and runs towards the bathroom. Vanessa shoots at her but also misses. Savannah turns and shoots Vanessa. What element of self-defense has Savannah failed to meet in this encounter? a. unprovoked attack. b. necessity. c. proportionality. d. reasonable belief.

Q: Vincent is awoken in the middle of the night by a sound outside his house. He takes a loaded .38 pistol from his nightstand and proceeds downstairs to his kitchen to check on the noise. He encounters a stranger in his kitchen. The stranger hits him in the face knocking him to the floor. As he gets up his see the man running out his kitchen door. Vincent shoots the man through the kitchen door. Why is Vincent not justified in shooting the man? a. the castle exception requires that you reasonably believe the attack threatens death or serious bodily injury b. the castle exception does not include curtilage c. the stand-your-ground rule does not include curtilage d. the stand-your-ground requires that you reasonably believe the attack threatens death or serious bodily injury

Q: Vincent is awoken in the middle of the night by a sound outside his house. He takes a loaded .38 pistol from his nightstand and proceeds downstairs to his kitchen to check on the noise. He encounters a stranger in his kitchen. The stranger hits him in the face knocking him to the floor. As he gets up his see the man running out his kitchen door. Vincent shoots the man through the kitchen door. Which of the following rules is most applicable to this case? a. the stand-your-ground rule b. the retreat rule c. the castle rule d. the grounded doctrine rule

Q: Li plays on a local soccer team. In a match against another team Li is hit by an opponent during normal play and his leg is broken. Li calls the police department from the hospital emergency room and requests that the player who hit him be charged with assault. If charged with assault, what might prevent the opponent from claiming consent as a defense? a. the consent was voluntary b. the consent was knowing c. the consent was authorized d. the consent was coerced

Q: Li plays on a local soccer team. In a match against another team Li is hit by an opponent during normal play and his leg is broken. Li calls the police department from the hospital emergency room and requests that the player who hit him be charged with assault. If charged with assault, what defense would the opponent most likely use at trial? a. consent b. excuse c. justification d. mental illness

Q: The Jennifer Galas case deals with the expansion of what laws? a. new castle laws b. new retreat laws c. new curtilage laws d. new prostitution laws

Q: In March 2007, the American Prosecutors Research Institute (APRI) held a symposium consisting of prosecution, law enforcement, government, public health, and academic experts from 12 states. Which of the following is not one of their main concerns? a. officers' use of force. b. operations and training requirements. c. increased investigation burdens. d. increased homicides.

Q: The Florida castle law abolished what? a. the duty to retreat rule. b. the imminence rule. c. the use of force rule. d. the recklessness rule.

Q: What state passed the first new castle doctrine? a. California b. Ohio c. Oregon d. Florida

Q: Regarding defense of home and property, most statutes do not include what area? a. the backyard b. the front yard c. the garage d. the curtilage

Q: When you"re attacked in your home, you can stand your ground and use deadly force to fend off an unprovoked attack, but only if you reasonably believe the attack threatens death or serious bodily injury. This is known as thea. retreat exceptionb. home exceptionc. ground exceptiond. castle exception

Q: The retreat rule is the a. common rule b. minority rule c. majority rule d. same as the castle rule

Q: English common-law required defendants pleading self-defense in homicide cases to prove that they had a. retreated to the wall b. retreated as far as possible c. retreated reasonably d. retreated fully

Q: Most self-defense statutes require the belief in imminent danger to be honest and a. credible. b. legitimate. c. defensible. d. reasonable.

Q: Which of the following is not one of the elements of self-defense? a. necessity. b. attack. c. proportionality. d. reasonable belief.