Q&A Hero

Q: Knowing consent means a. the person consenting is too young to understand what she's consenting to. b. the person consenting understands what she's consenting to. c. consent was the product of free will. d. consent was not the product of force.

Q: The case of The Queen v. Dudley and Stephens (1884) involves which defense? a. imminent necessity b. the castle doctrine c. the Good Samaritan defense d. unprovoked attack defense

Q: In which of the following situations does the right to defend "others" not apply? a. defending a spouse from assault b. defending a parent from assault c. preventing the rape of a friend d. preventing a sister from having an abortion

Q: To provide a valid consent defense, the consent of the victim must be a. objectively reasonable and imminent. b. knowing and voluntary. c. in writing and authorized. d. given after the crime occurs.

Q: Which of the following is recognized as a valid consent defense situation in most states? a. a person consents to be killed b. a person consents to a crime being committed on their children c. the injury happens during a sporting event d. statutory rape

Q: The defense of consent recognizes the societal value of a. individual autonomy. b. a person's right to die if they want to. c. a person's right to refuse medical care. d. self-fulfillment.

Q: Self-defense consists of how many elements? a. two b. three c. four d. five

Q: At the heart of the defense of consent is the high value placed on the right to a. bear arms. b. a jury trial. c. free speech. d. individual autonomy.

Q: At the heart of the choice-of-evils defense is the necessity to prevent what kind of danger? a. imminent danger b. unavoidable danger c. deadly danger d. serious danger

Q: Which of the following is a key requirement of the necessity defense? a. that no reasonable legal option exists for averting the harm b. that a reasonable legal option exists for averting the harm c. that a significant reasonable legal option exists for averting the harm d. that a specific reasonable legal option exists for averting the harm

Q: The modern right to use force against those unlawfully entering the person's home generally a. does not include defense of the cartilage. b. does not include deadly force. c. applies only to nighttime intrusions. d. requires that the intruder specifically threaten the occupants of the home.

Q: Evidence that doesn"t amount to a perfect defense might amount to a/an a. imperfect defense. b. special defense. c. specific defense. d. rational defense.

Q: The law of self-defense is undergoing a. no change currently. b. major transformation. c. minor transformation. d. nothing.

Q: Which of the following is the majority rule? a. the stand-your-ground rule b. the retreat rule c. Both d. Neither

Q: Supporters of the castle laws see them as the public reasserting what? a. fundamental rights b. gun rights c. freedom of speech rights d. defense attorney rights

Q: Which doctrine holds that a person does not have to retreat if he or she didn"t start the fight, even if it is safely possible? a. the stand-your-ground rule b. the self-defense rule c. the preemptive-strike rule d. the self-preservation rule

Q: The retreat requirement is weakest or nonexistent when persons are attacked a. in a public place. b. in their own homes. c. in a government building. d. indoors.

Q: Which of the following never justifies the use of force against another person? a. retaliation b. self-defense c. defense of someone other than yourself d. an imminent attack

Q: What is the heart of self-defense? a. necessity b. imminence c. practicality d. concession

Q: How many requirements are there to establish criminal liability? a. One b. Two c. Three d. Four

Q: In some jurisdictions, a person must retreat before using defensive deadly force if a. he can with complete safety to himself and others. b. he was not the original attacker. c. the attacker demands he retreat or die. d. the attacker refuses to retreat.

Q: A person can use deadly force against an attacker whom the victim reasonably believes is going to cause them an injury less than death. The attacker is said to be threatening a. broken bones. b. serious bodily injury. c. permanent bodily injury. d. harmful bodily injury.

Q: According to what rule does the government have a monopoly on the use of force; so when you use force, you"re "taking the law into your own hands?" a. the rule of law b. the rule of self-defense c. the rule of justification d. the rule of mitigation

Q: A person who was the initial aggressor can gain a lawful right to self-defense if they do which of the following from the incident they started? a. renounce themselves b. completely withdraw c. irrevocably abbreviate themselves d. tangentially abstain

Q: The general rule is that self-defense is available only against what type of attacks? a. Justified b. Legal c. Excusable d. Unprovoked

Q: Defensive force may be used only if the threat or danger is a. perfunctory. b. mandatory. c. contingent. d. imminent.

Q: Which of the following cases involves the "New York Subway Vigilante?" a. State v. Harold Fish (2009) b. People v. John Gray et al. (1991) c. People v. Goetz (1986) d. State v. Thomas (1997)

Q: What kind of strike does the law not allow to form the basis of self-defense claims? a. Deadly b. less than deadly c. Conventional d. Preemptive

Q: At the heart of the choice-of-evils defense is the necessity to prevent a. imminent danger. b. crime. c. rape. d. murder.

Q: The castle exception is an exception to what doctrine? a. the retreat doctrine b. the stand-your-ground doctrine c. the justification doctrine d. the excuse doctrine

Q: Evidence that doesn"t amount to a perfect defense might amount to an imperfect defense; that is, defendants are a. committed to a mental hospital. b. entitled to an acquittal. c. entitled to a sentence reduction. d. guilty of lesser offenses.

Q: Most defenses are perfect defenses; if they"re successful, defendants are a. committed. b. convicted. c. acquitted. d. sentenced.

Q: Circumstances that convince fact finders that defendants don"t deserve the maximum penalty for the crime they"re convicted of are called a. perfect circumstances. b. imperfect circumstances. c. mitigating circumstances. d. aggravating circumstances.

Q: A defense in which the defendant admits the act but claims that, under the circumstances, they aren"t legally responsible is called a. justification. b. excuse. c. claim of right. d. mitigating condition.

Q: A defense in which the defendant accepts responsibility for the act but claims what they did was right is called a. justification. b. excuse. c. rationalization. d. claim of right.

Q: Criminal liability without subjective or objective fault is also called a. strict liability. b. harm causation. c. offending behavior. d. wanton liability.

Q: Which kind of fault requires no purposeful or conscious bad mind in the actor? a. objective fault b. subjective fault c. no fault d. concurrent fault

Q: Failure-of-proof defenses are also known as a. mistakes. b. liabilities. c. legalities. d. hate crimes.

Q: What are the names of the two kinds of cause required to prove causation in "bad result" crimes? a. factual cause and legal cause b. legal cause and proximate cause c. factual and "but for" cause d. legal cause and negligent cause

Q: What kind of cause occurs after the defendant's act and before the harm? a. intervening cause b. concurrent cause c. consecutive cause d. contingent cause

Q: Factual cause is also known as which of the following? a. "but for" cause b. legal cause c. proximate cause d. intervening cause

Q: Which of the following forms of intent is both objective and subjective? a. negligent b. reckless c. knowing d. purpose

Q: Liability without fault, or in the absence of mens rea, is called a. strict liability. b. harm causation. c. offending behavior. d. wanton liability.

Q: Intent to commit a criminal act as defined in a statute is known as a. general intent. b. personal intent. c. blameless intent. d. negligent intent.

Q: Conscious risk creation is called a. knowledge. b. negligence. c. contumacy. d. recklessness.

Q: What is the default degree of culpability where codes fail to identify a level of culpability? a. negligence b. recklessness c. awareness d. complicity

Q: In the Model Penal Code, the most blameworthy state of mind is a. recklessly. b. purposely. c. negligently. d. knowingly.

Q: What is the only direct evidence of a defendant's mens rea? a. a confession b. a motive c. a signed statement d. a polygraph examination

Q: The cause that either interrupts a chain of events or substantially contributes to a result is called the a. proximate cause. b. real cause. c. intervening cause. d. select cause.

Q: Fault that requires a "bad mind" in the actor is called a. objective fault. b. subjective fault. c. no fault. d. concurrent fault.

Q: The objective determination that the defendant's act triggered a chain of events that ended as the bad result is called the a. cause in fact. b. negligent cause. c. negligent cause. d. subsequent cause.

Q: Mistake is a defense whenever the mistake prevents the formation of any fault-based a. prejudice. b. hate. c. animus. d. mens rea.

Q: In strict liability cases, the prosecution has to prove only that defendants committed a a. voluntary act that caused harm. b. voluntary civil act that caused harm. c. voluntary criminal act that caused harm. d. voluntary mistake that caused harm.

Q: Another term for criminal act is a. mens rea. b. actus reus. c. de novo. d. pro bono.

Q: Proximate cause is a subjective question of fairness that appeals to the jury's sense of a. justice. b. duty. c. fairness. d. guilt.

Q: General intent is the intent to a. commit a criminal act. b. cause harm. c. make the act cause the harm. d. have the mens rea.

Q: In the absence of a confession, intent must generally be proven by what evidence? a. peremptory b. exclusive c. referential d. circumstantial

Q: The mental element of a crime is called the a. mens rea. b. harm. c. actus reus. d. concurrence.

Q: Which of the following is not a type of culpability in the Model Penal Code? a. purpose b. knowledge c. negligence d. willfulness

Q: What are the four different mental states included in the Model Penal Code? How do they differ regarding culpability? Provide an example of a crime for each of the four different mental states.

Q: What does it mean to say that a mistake can be a defense? Discuss the debate over whether or not mistakes should be called a defense.

Q: What is the principle of concurrence? Why is the principle of concurrence important to criminal liability? Provide an example of a criminal situation and how concurrence applies to that situation.

Q: Describe the difference between motive and intent. Provide an example. Describe situations where motive is relevant in criminal cases and where it is not.

Q: Most serious crimes require mens rea in in addition to the criminal act. Explain why this is the case and how this relates to culpability. Additionally, mens rea is complex and it is difficult to determine just how much intent is necessary to convict someone of a crime. Describe the reasons why mens rea is so baffling.

Q: Compare and contrast general and specific intent. How are general and specific intent similar? How are they different?

Q: What does the prosecution have to prove with regard to causation to get a conviction? What are intervening causes and how do they affect a defendant's responsibility? Be sure to provide examples.

Q: What are strict liability crimes? Provide an example. What are some of the arguments for and against such crimes? Do you think there should or should not be strict liability crimes? Explain your position.

Q: What are the four types of culpability in the Model Penal Code? Be sure to provide examples. What are the levels of culpability of each relative to the other?

Q: Discuss what is required for mistake to be a defense. How does this relate to the types of culpability in the Model Penal Code? Be sure to discuss the debate over whether to call mistakes a defense.

Q: There are differences in culpability among the Model Penal Code's (MPC) four mental statespurposely, _____________ , recklessly, and negligently.

Q: Most serious crimes require criminal _____________ and a criminal act.

Q: _____________ evidence proves a fact indirectly or by inference.

Q: _____________ intent is used most commonly in the cases to mean the intent to commit the criminal act as defined in a statute.

Q: A crime without an intent element is called a strict_____________ crime.

Q: Legal cause consists of the _____________ judgment that it's fair and just to blame the defendant for the bad result.

Q: Ignorance of _____________ and law can create a reasonable doubt that the prosecution has proved the element of criminal intent.

Q: Culpability is also known as _____________.

Q: Recklessness involves conscious _____________ creation.

Q: Concurrence is an element in all _____________ where the mental attitude is formed with purpose, knowledge, recklessness, or negligence.

Q: Ignorance of facts and law can never create a reasonable doubt that the prosecution has proved the element of criminal intent.