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Law
Q:
Not only police officers, but any person, may use reasonable force to defend another person against unlawful force or interference.
a. True
b. False
Q:
The law regarding the use of deadly force in making an arrest is exactly the same from state to state.
a. True
b. False
Q:
Why does the Fourth amendment apply to the use of force by a police officer? How does the "reasonableness"
standard compare to a "substantive due process" approach?
Q:
Discuss the current state of the law with regard to forcing an uncooperative driver suspected of DUI to submit to a blood test should the driver refuse to consent. What is the reasoning of the courts that have upheld such laws?
Q:
Discuss fully the facts and decision of the U.S. Supreme Court in the 1985 case of Tennessee v. Garner.
Q:
Under what circumstances are police officers justified in using non-deadly force to make an arrest? Provide examples.
Q:
Discuss the amount of force that may be used in the defense of property today. How do the current laws regarding defense of property compare to the old common law used on the American frontier?
Q:
Explain fully what is meant by the "castle doctrine." What are "make my day" rules?
Q:
Explain how "stand your ground" laws effect the general rules for using force. What effect do these laws have on the "castle" doctrine?
Q:
What is the "castle doctrine?" Describe the history of the "castle doctrine."
Q:
Identify the three key points for determining when force is justified. What factors might a court or jury take into account in determining if force was justified?
Q:
The concept that any person taking the place of a parents has the duties and responsibilities of the parents is called
Q:
Laws that encourage people to come to the aid of another are called laws.
Q:
The use of force is justified if the the other person's behavior is .
Q:
In order for deadly force to be justified, the use of force must be immediately to protect the person or another from the unlawful use of force by the aggressor.
Q:
The amount of force used in self-defense must be under the circumstances that exist.
Q:
In general, parents may use force to discipline their children.
Q:
The killing of a fleeing suspect is a under the Fourth Amendment, and is therefore constitutional only if reasonable.
Q:
Using excessive force during an arrest would constitute an unreasonable seizure in violation of the Amendment.
Q:
Under the old common law used on the American frontier, force was often used to protect property.
Q:
Deadly force may never be used to make the arrest of or to prevent the escape of a person who has committed a
Q:
Scott "too tough" Rudy finds out that his girlfriend is cheating on him with his best friend. Scott "too tough" goes over to his best friend's house and finds his girlfriend is there and is engaged in sexual acts with his best friend. Scott "too tough" takes out his gun and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder and is trying to use insanity as his defense.Scott "too tough" may be found guilty but mentally ill if all the following are found beyond a reasonable doubt: (1)defendant is guilty of offense; (2) defendant was mentally ill at time offense was committed; and (3) defendant was not legally insane at time offense was committed. This is called?a. Guilty but mentally ill alternative verdict and pleab. Not guilty by reason of insanityc. Mentally ill convictiond. Guilty but not mentally ill alternative
Q:
Explain the difference between a verdict of not guilty by reason of insanity and a verdict of guilty but mentally ill.
Q:
What is the test for competency to stand trial and what happens to a defendant who is found incompetent?
Q:
What is the diminished capacity defense and under what circumstances can or cannot a defendant argue it successfully?
Q:
Explain the plea of "guilty but mentally ill." Why have some states enacted such statutes and how do they work?
Q:
Explain why a defendant of questionable competency should not be tried for a criminal violation.
Q:
What are the two prongs of the M"Naghtenrule? Explain the "right and wrong" test that emerged from the M"Naghtencase.
Q:
What are the differences between the M"Naghtenrule and the "substantial capacity" test? Which test has a stricter requirement?
Q:
Explain infancy and the common law and how infancy and the presumption of capacity is viewed today in criminal statutes.
Q:
Distinguish between the method of imposing criminal liability upon a child under age 7 and a child of age 14.
Q:
A legal entity created under the laws of a state or the federal government is called a .
Q:
Tests to determine legal and moral liability are called .
Q:
A person who has not yet reached the age of majority is called an .
Q:
The second prong of the M"Naghten rule is called the capacity prong.
Q:
A test used to determine criminal responsibility in ancient England where the defendant was subjected to tortuous ordeal was called .
Q:
A person who lacks does not have the ability to understand what is happening at trial.
Q:
A verdict of not guilty by reason of insanity results in an of the defendant; a verdict of guilty but mentally ill is a conviction.
Q:
Most states place the burden of proof on the on the issue of being incompetent to stand trial.
Q:
Voluntary intoxication or drug use is almost the basis for the successful assertion of the insanity defense.
Q:
A person found not guilty by reason of insanity cannot be tried again because of the Constitutional provision against double .
Q:
In addition to the traditional insanity verdict, some states have provided for the verdict of but mentally ill.
Q:
The substantial capacity test applies whenever the defendant cannot " " the nature of his acts, or that they were wrong.
Q:
The first prong of the M"Naghten rule is called the capacity prong.
Q:
A child of 14 could be convicted if it can be shown the child had the ability and understanding to formulate the required criminal intent.
Q:
Children below a certain cannot be convicted of a crime.
Q:
The Supreme Court has repeatedly maintained that it is a violation of due process to try and convicta. child defendantsb. the mentally incompetent c. the elderlyd. the innocent
Q:
Due process is only possible if the defendant is
a. educated
b. competent
c. argumentative
d. innocent
Q:
Which judicial concept requires that defendants be given the opportunity to participate in their defense?
a. due process
b. right against self-incrimination
c. prohibition against cruel and unusual punishment
d. right to a jury trial
Q:
For a crime to be attributable to a corporation, the person must
a. be in control of the corporation's affairs
b. hold stock in the corporation
c. have a relationship with the corporation
d. do business with the corporation
Q:
A legal entity created under the laws of a state or federal government is the definition of a
a. corporation
b. contract
c. parent
d. business
Q:
Which is not one of the factors the Washington Supreme Court identified in determining capacity?
a. the nature of the crime
b. the child's age and maturity
c. the child's socioeconomic status
d. prior conduct similar to that charged
Q:
The standard for the defendant to prove insanity is
a. strict proof standard
b. reasonable suspicion
c. a preponderance of the evidence
d. beyond a reasonable doubt
Q:
Superstition played a role in ancient England in in colonial America in accusing, mostly women, of a. being agnosticb. praying to Godc. practicing witchcraftd. crimes against humanity
Q:
Having the accused and the accuser fight one another to decide guilt or innocence is referred to as
a. trial by ordeal
b. trial by jury
c. trial by battle
d. trial by judgement
Q:
Subjecting the accused to a tortuous ordeal is referred to as
a. trial by ordeal
b. trial by jury
c. trial by combat
d. trial by judgement
Q:
Scott "too tough" Rudy finds out that his girlfriend is cheating on him with his best friend. Scott "too tough" goes over to his best friend's "house and hinds his girlfriend is there and is engaged in sexual acts with his bestfriend. Scott "too tough" takes out his gun and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder and is trying to use insanity as his defense.Scott's attorney could present the "substantial capacity," which (1) distinguishes between right and wrong or (2) conform his conduct to the requirements of law. This is referred to asa. Model Code testb. Penal Model test codec. Model Penal Code "substantial capacity" testd. Substantial code test
Q:
Scott "too tough" Rudy finds out that his girlfriend is cheating on him with his best friend. Scott "too tough" goes over to his best friend's "house and hinds his girlfriend is there and is engaged in sexual acts with his bestfriend. Scott "too tough" takes out his gun and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder and is trying to use insanity as his defense.Scott's attorney could seek to introduce evidence showing that because of mental or emotional conditions, the Scott did not possess the required mens rea for conviction of crime charged. This is referred to asa. Diminished competence defenseb. Diminished incompetent defensec. Diminished capacity defensed. Diminished incapacity defense
Q:
Scott "too tough" Rudy finds out that his girlfriend is cheating on him with his best friend. Scott "too tough" goes over to his best friend's "house and hinds his girlfriend is there and is engaged in sexual acts with his bestfriend. Scott "too tough" takes out his gun and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder and is trying to use insanity as his defense.Scott "too tough" must have the ability to cooperate with his attorneys and the ability to understand the charges and proceedings against him. This is referred to asa. Competency to stand trialb. Incompetent to stand trialc. Competent to commit a crimed. Incompetent to commit a crime
Q:
Scott "too tough" Rudy finds out that his girlfriend is cheating on him with his best friend. Scott "too tough" goes over to his best friend's "house and hinds his girlfriend is there and is engaged in sexual acts with his bestfriend. Scott "too tough" takes out his gun and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder and is trying to use insanity as his defense.
Another test, which could be used in Scott's trial, to determine criminal responsibility based on whether the defendant could (1) distinguish between right and wrong or (2) conform his or her conduct to the requirements of law, is called
a. Capacity test
b. Substantial capacity test
c. Substantial test
d. Test of capacity
Q:
Scott "too tough" Rudy finds out that his girlfriend is cheating on him with his best friend. Scott "too tough" goes over to his best friend's "house and hinds his girlfriend is there and is engaged in sexual acts with his bestfriend. Scott "too tough" takes out his gun and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder and is trying to use insanity as his defense.The insanity defense rule, which could be used at Scott's trial, which requires proof that because of mental disease or defect defendants did not know the scope or character of their actions, is calleda. M"Naghten ruleb. Naghten rule c. Maghten rule d. M"Naten rule
Q:
Scott "too tough" Rudy finds out that his girlfriend is cheating on him with his best friend. Scott "too tough" goes over to his best friend's "house and hinds his girlfriend is there and is engaged in sexual acts with his bestfriend. Scott "too tough" takes out his gun and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder and is trying to use insanity as his defense.
An insanity test that claims that defendants are not legally responsible for their acts if, due to a defect of the mind, at the time of the crime they were unable to understand the difference between right and wrong, could be used in Scott's case and is called
a. Left and right test
b. Right and not right test
c. Wrong and not right test
d. Right and wrong test
Q:
Tommy Johnson, who is 14 years old goes into the local clothing store and steals a pair of $120 Nike shoes. The store's loss prevention catches him and calls the police.
If Tommy did not have the mental capacity or the ability to formulate the necessary criminal intent or understanding that he/she committed a crime, then Tommy
a. would not be prosecuted
b. would be prosecuted as a child
c. would be prosecuted based on diminished capacity
d. would be prosecuted as an adult
Q:
Tommy Johnson, who is 14 years old goes into the local clothing store and steals a pair of $120 Nike shoes. The store's loss prevention catches him and calls the police.In most states, if Tommy was under the age of he couldn"t be charged with a crime.a. 14 b. 12 c. 10 d. 8
Q:
Tommy Johnson, who is 14 years old goes into the local clothing store and steals a pair of $120 Nike shoes. The store's loss prevention catches him and calls the police.The police may consider charging Tommy with theft/shoplifting becausea. They can"t charge him because he's too youngb. They may consider charging him because 14 years old is the age of reason for most states.c. Since he's 14 years old, he will only be charged in adult courtd. The courts in every state say a person will be charged with a crime if they are 14 years of age or older, regardless of the circumstances and regardless of the child's intellect, etc.
Q:
Which of the following is true of the requirement of the M"Naghtenrule as compared to the "substantial capacity" test?a. the "substantial capacity" test has a lesser requirementb. the M"Naghtenrule has a lesser requirementc. the requirements of both are equivalentd. none of these answers are correct
Q:
In most states the defendant's voluntary intoxication or drug use may serve as the basis for a claim
a. of diminished capacity
b. of not guilty by reason of insanity
c. of guilty but insane
d. of guilty but mentally ill
Q:
A verdict of not guilty by reason of insanity results in
a. dismissal of the charges
b. incarceration of the defendant
c. hospitalization of the defendant
d. a suspended sentence for the defendant
Q:
Which of the following may be the basis for finding a person incompetent to stand trial?
a. mental illness
b. mental retardation
c. physical illness
d. all of these answers are correct
Q:
What insanity test emerged from the M"Naghtencase?
a. the "right and wrong" test
b. the substantial capacity test
c. the product-of-mental illness test
d. the defect of character test
Q:
Courts generally have held that partial amnesia
a. does not render the defendant incompetent to stand trial
b. renders a defendant incompetent to stand trial permanently
c. renders a defendant incompetent to stand trial until their memory returns
d. denies the defendant a fair trial and violates due process
Q:
In Jacksonv.Indiana,the U.S. Supreme Court held that defendants who are not competent to stand trial may be held
a. up to 90 days
b. up to 120 days
c. no longer than a "reasonable period of time"
d. up to 365 days
Q:
Defendants who are found incompetent to stand trial
a. may be tried when they become competent
b. may not be tried at any time thereafter
c. are entitled to a verdict of not guilty by reason of insanity
d. are entitled to a verdict of not guilty due to diminished capacity
Q:
To be mentally fit to stand trial, the defendant must have the ability to cooperate with defense counsel anda. speak and understand Englishb. have the ability to hear and seec. remember what happened at the time of the alleged crimed. understand the charges and proceedings
Q:
Which of the following are factors to consider when determining criminal capacity for children?
a. the nature of the crime
b. the child's age and maturity
c. whether the child evidenced a desire for secrecy
d. all of these are factors to consider
Q:
In what recent case did the U. S. Supreme Court hold that a mentally retarded person could not be subject to the death penalty?
a. Atkinsv.Virginia
b. Pruitv.State
c. Statev.Ramer
d. Foucha v. Louisiana
Q:
Which of the following must be found beyond a reasonable doubt for a defendant to be found guilty but mentally ill?
a. defendant is guilty of offense
b. defendant was mentally ill at time offense was committed
c. defendant was not legally insane at time offense was committed
d. All of these are required for a defendant to be found guilty but mentally ill
Q:
States with the "guilty but mentally ill" verdict
a. have abolished the insanity defense
b. have retained the insanity defense
c. consider it identical to the not guilty by reason of insanity verdict
d. require the prosecution to prove the defendant was mentally ill
Q:
In states where it is available, should the jury find the defendant was guilty but mentally ill at the time of the offense, the defendant
a. is free to leave
b. may be committed to a mental institution
c. will automatically be committed to a mental institution
d. may receive any sentence that could be imposed for that crime
Q:
What is the name of the test which focuses on the product-of-mental illness?
a. The M"Naghtentest
b. The "right and wrong" test
c. The "Substantial Capacity" Test
d. none of these answers is correct