Question 10.5 pts

A private loss prevention agent for a retail store assaults an individual while trying to arrest him. The loss prevention agent had witnessed the individual hold a gun to the cashier and then run out of the store. The agent tackles him outside the store and causes injury. The loss prevention agent is charged with assault. Which defense is she most likely to be successful arguing?

Group of answer choices

Necessity

Defense of other

Duress

Law enforcement

Flag question: Question 2Question 20.5 pts

The defense of property defense applies to personal property:

Group of answer choices

Both A and B are correct

Immediately after the property is taken

It does not apply to personal property

Until the property is recaptured

Flag question: Question 3Question 30.5 pts

A mistake of fact may result in an acquittal if it:

Group of answer choices

Applied to a different law

Did not give the defendant fair notice

Was unreasonable

Negates the culpable mental state

Flag question: Question 4Question 40.5 pts

A private individual who uses reasonable force to effect an arrest is protected even if it turns out the arrestee had not committed a criminal offense.

Group of answer choices

True

False

Flag question: Question 5Question 50.5 pts

A self-defense claim only contains a subjective component.

Group of answer choices

True

False

Flag question: Question 6Question 60.5 pts

Defenses must be proven by the defendant beyond a reasonable doubt.

Group of answer choices

True

False

Flag question: Question 7Question 70.5 pts

Exceptions to the claim of mistake of law under the MPC do NOT include:

Group of answer choices

Lack of fair notice

Negation of mens rea

Reasonable reliance

Fraud deterrence

Flag question: Question 8Question 80.5 pts

If a grandfather abducts a child believing she is his granddaughter, which defense would he likely raise?

Group of answer choices

Mistake of law

Mistake of fact

Necessity

Duress

Flag question: Question 9Question 90.5 pts

If a law enforcement officer uses deadly force when trying to arrest someone he reasonable believed committed a felony, the fact that the arrestee only committed a misdemeanor subjects the officer to criminal charges.

Group of answer choices

True

False

Flag question: Question 10Question 100.5 pts

Justification defenses focus on the actus reus.

Group of answer choices

True

False

Flag question: Question 11Question 110.5 pts

Mistakes of fact are never grounds to avoid conviction of a crime.

Group of answer choices

True

False

Flag question: Question 12Question 120.5 pts

Mistakes of law are viable defense to strict liability crimes.

Group of answer choices

True

False

Flag question: Question 13Question 130.5 pts

Private citizens can effectuate arrests for felonies even if they did not witness the crime.

Group of answer choices

True

False

Flag question: Question 14Question 140.5 pts

Someone who instigates a fight using non-deadly force is never justified in responding with deadly force if the victim reacts to the initial aggression with deadly force.

Group of answer choices

True

False

Flag question: Question 15Question 150.5 pts

Someone whose property has been stolen has an unrestricted right to use force to recover that property.

Group of answer choices

True

False

Flag question: Question 16Question 160.5 pts

The exception to the retreat requirement for self-defense that allows someone to remain in their home even if retreat is available is referred to as the:

Group of answer choices

Retreat Doctrine

Necessity Doctrine

Homestead Doctrine

Castle Doctrine

Flag question: Question 17Question 170.5 pts

The following are elements necessary for the defense of others defense under the Model Penal Code EXCEPT:

Group of answer choices

Defendant is called upon to act by the one they are protecting

Defendant uses no more force than entitled to in self-defense

Defendant would be justified to use self-defense under circumstances

Defendant believes intervention necessary for other's protection

Flag question: Question 18Question 180.5 pts

The idea that a homicide would be justified because society benefits is an example of which theory of justification defenses?

Group of answer choices

Public benefit

Superior interest

Moral forfeiture

Moral rights

Flag question: Question 19Question 190.5 pts

The necessity defense arises when the defendant faces a clear and imminent danger and believes that his actions will abate the danger that he faces by causing a less serious harm than that which he seeks to avoid.

Group of answer choices

True

False

Flag question: Question 20Question 200.5 pts

Under common law, when mistake of fact is raised in a general intent crime, the mistake must be found to be reasonable to negate culpability.

Group of answer choices

True

False

Flag question: Question 21Question 210.5 pts

Which Constitutional Amendment applies when an officers enters a person's home to effect an arrest?

Group of answer choices

6th Amendment

8th Amendment

14th Amendment

4th Amendment

Flag question: Question 22Question 220.5 pts

Which is NOT an excuse defense?

Group of answer choices

Duress

Necessity

Insanity

Infancy

Flag question: Question 23Question 230.5 pts

Which of the following is NOT a category of criminal defenses:

Group of answer choices

Excuse

Extrinsic

Nullification

Justification

Flag question: Question 24Question 240.5 pts

Which of the following is NOT a justifiable reason for the law enforcement defense?

Group of answer choices

Reasonable force

Crime prevention

Public authority

Effectuate an arrest

Flag question: Question 25Question 250.5 pts

Which of the following is a category of defenses?

Group of answer choices

Necessity

Excuse

Self-defense

Duress

Flag question: Question 26Question 260.5 pts

Women claiming self-defense under the "Battered Woman Syndrome" defense are most successful under which circumstances?:

Group of answer choices

Non-confrontational homicide

Confrontational homicide

Hire homicide

Negligent homicide

Flag question: Question 27Question 270.5 pts

Necessity arises when the defendant faces a clear and imminent danger and believes that her actions will abate the danger the she faces by causing a less serious harm than that which she seeks to avoid.

Group of answer choices

True

False

Flag question: Question 28Question 280.5 pts

Most states have codified justification defenses.

Group of answer choices

True

False

Flag question: Question 29Question 290.5 pts

Under current case law, necessity is not a justification for homicide.

Group of answer choices

True

False

Flag question: Question 30Question 300.5 pts

Generally, it is permissible to use a mechanical devise, such as a spring gun, to protect one's homestead.

Group of answer choices

True

False