True/False
Indicate whether the
statement is true or false.
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1.
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An affirmative defense requires the presentation of
evidence.
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2.
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An affirmative defense must be proven beyond a
reasonable doubt.
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3.
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The presumption of innocence only protects the
defendant until he or she is indicted.
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4.
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Once a defendant has presented an affirmative
defense, the state must disprove guilt by a
preponderance of the evidence.
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5.
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A defendant can raise inconsistent
defenses.
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6.
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Before defendants can raise many affirmative
defenses, such as insanity, they must notify
the government of their intention.
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7.
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The definition of legal insanity is that the
defendant suffered from severe mental illness.
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8.
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When a defendant is found not guilty by reason of
insanity, he or she is released.
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9.
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In some states, there is a third option in insanity
cases, “guilty, but mentally ill.”
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10.
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Ignorance of the law is no excuse.
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Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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11.
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When the defense of insanity is raised, the
jury’s possible verdict (in most states) is
a. | guilty. | b. | not guilty. | c. | not guilty by
reason of insanity. | d. | all of the
above. |
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12.
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One day, a man with a gun attacks Carl. Carl stabs
the man and the man dies. Carl is
charged with murder. His best defense would be
a. | insanity. | b. | alibi. | c. | self-defense. | d. | duress. |
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13.
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Laura is walking through a darkened parking lot
looking for her car when a man steps from
the shadows and points a gun at her. Laura pulls out the
gun she carries in her purse and
shoots him. Police later discover that the man’s gun was a
water pistol. Laura is charged
with aggravated assault. Her best defense would be
a. | mistake. | b. | self-defense. | c. | necessity. | d. | entrapment. |
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14.
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Jack is known for being a bully and hurting people.
Chet is seated in a bar when Jack walks
in and demands that Chet “step outside with
him.” Once they are outside, Chet pulls a gun
and shoots Jack before Jack punches him. Jack
dies and Chet is charged with second-degree murder. Chet claims self-defense at his trial. What is
the likely result?
a. | Since Chet was protecting himself, he should
win. | b. | Since Jack had a violent history, Chet was justified in
his actions and should win. | c. | Chet should lose
because he responded with excessive force. | d. | a and b, but not
c. |
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15.
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Susan sees a man with a gasoline can, splashing gas
all over her new car. She rushes out to
confront the man and just as he lights a match, she shoots
him. He is severely injured, but
does not die. She is charged with aggravated assault. Is
self-defense an option for her?
a. | No, because deadly force cannot be used to defend
property. | b. | Yes, because she did not actually kill the man, she only
injured him. | c. | No, because she
left her home to confront the man. | d. | Yes, because she
was protecting her property. |
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16.
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John, realizing that he is slowly dying of a
painful cancer, asks Carl to kill him. Carl is
hesitant, but John executes a document that states
in one part, “I hereby consent to the
ending of my life by Carl who is acting under my
express desires. I hereby direct that Carl
should suffer no legal detriment by his actions.”
When John’s body is discovered, Carl is
charged with murder. Carl produces the document.
What will result?
a. | The case against Carl should be dismissed because John
consented to Carl’s mercy
killing. | b. | The case against
Carl is legally sufficient because John could not consent to his
own
murder. | c. | The case against
Carl should be dismissed because it lacks the required element
of
malice. | d. | The case against
Carl is legally sufficient because John was obviously
legally
incompetent. |
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17.
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Sid is a severe claustrophobic and one day, while
he is going to visit his mother, the elevator
in which he is traveling suddenly stops between
floors and nothing Sid can do will make it
start going again. Sid smashes out the ceiling in his
vain attempt to get out of the elevator.
When he is finally rescued, the authorities charge him
with criminal damage to property.
What is Sid’s best defense?
a. | Duress | b. | Necessity | c. | Insanity | d. | Compulsion |
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18.
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Friedl has recently arrived in the United States
from another country. In that country,
everyone is permitted to carry firearms without a license.
Friedl goes to the airport to pick
up his parents and he carries his handgun with him. As soon as
he enters the airport baggage
claim area, he is stopped by police and arrested for carrying a
concealed weapon and
endangering an airport facility, a newly created anti-terrorist statute. What
is Friedl’s best
defense?
a. | Mistake | b. | Duress | c. | Entrapment | d. | Friedl has no
legally recognized defense |
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19.
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Danny has been stealing from his job for some time,
taking a small amount of currency out
of the cash register. One day, his boss confronts him with a
videotape showing Danny
removing the money from the register. His boss tells him that the only way
that Danny can “make it right” is to steal the bank deposit after the restaurant closes
and give it to the bank
manager. Danny commits the crime and is caught before he can give the
money to his boss.
What is Danny’s best defense?
a. | Entrapment | b. | Blackmail | c. | Compulsion | d. | Coercion |
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20.
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Jimmy is six years old and gets into an argument
with another student in his kindergarten
class. The next day, Jimmy brings his father’s gun
with him and when he sees the other
student, he shoots her. What is Jimmy’s best
defense?
a. | Age | b. | Insanity | c. | Compulsion | d. | Necessity |
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