BUS 140 Week 4 Test Criminal Defenses Assignment

BUS 140 Week 4 Test Criminal Defenses Assignment | MiraCosta College  

Question 1

Which of the following crimes is “consent” not a valid defense?  

Murder  

Intoxication  

Larceny  

Burglary

 

Question 2

If a defendant had a mistaken belief he was justified in using self-defense when he killed another person, he would likely be found guilty of:  

Murder 

Involuntary Manslaughter 

Voluntary Manslaughter  

Nothing

 

 

Question 3

Under what circumstances may someone refuse to retreat from deadly force? 

 When someone is watching.  

When the attacker uses a Swiss army pocket knife.  

When the force is presented in one's own home, because a man's home is his castle. 

There is always a duty to retreat. 

 

Question 4

Which of the following is a criminal defense that allows the defendant to claim that he was influenced by a public official to do something he would not normally do?  

Entrapment  

Duress  

Bribery  

Immunity

 

Question 5

Which of the following crimes has no “statute of limitation?”  

Battery  

Embezzlement  

Murder  

Robbery 

 

Question 6

Leaving a party unaware that the lemonade punch being served was actually Mike’s hard lemonade, an alcoholic beverage, may give rise to which of the following defenses?  

Voluntary Intoxication  

Involuntary Intoxication  

Mistake  

Temporary Insanity 

 

Question 7

Tony, 17 years old, was riding his skateboard down the street.  He decided to do some cool jumps off the famous monument centered in the local park.  A sign mounted in front of the monument states “It is a criminal offense to skateboard near or around the monument.  Violators will be prosecuted under P.C. 1234.”  Tony did not see the sign and skateboarded all around the monument, jumping from its rails.  Tony is charged under P.C. 1234.  Which of the following is true?  

Tony has an intoxication defense.  

Tony has an infancy defense  

Tony has a "mistake of law" defense  

Tony is unlikely to have a defense 

 

Question 8

Fred and his wife Wilma were walking home from a bowling match one evening when they were approached by a man with a knife demanding their high quality rocks and money.  The man lurched at Wilma.  Fred grabbed the man’s arm and forced it behind the man’s back.  Fred, however, had used so much force that he broke the man’s arm.  Fred is later charged with battery.  Which of the following defenses will be most successful for Fred?  

Temporary Insanity  

Defense of others, because he "stepped" into Wilma's shoes.  

Defense of personal property  

None. He has no defense because he was not the one in danger. 

 

Question 9

Which of the following does the defendant need to prove to successfully use the “insanity” defense?  

That he did not understand the nature and quality of his act; or  

That he did not know the difference between right and wrong  

That the act was a result of his mental disease  

All of the above 

 

Question 10

Winnie, in a delusional state, thought Eeyore was the devil and killed him.  Afterward, Winnie took Eeyore’s body and buried it in the woods so that Eeyore could return from whence he came.  What defense, if any, can Winnie successfully claim?  

Intoxication  

Mistake of fact  

Insanity  

Consent

 

Question 11

Buford and Betty live in a small apartment in the country.  One stormy night, Betty heard a noise in the apartment and asked Buford to see what it was.  Buford grabbed his gun and headed toward the family room.  He was surprised to find a stranger in the room collecting items and placing them into a bag.  The stranger realized Buford entered the room and pulled out a knife and attacked Buford.  Buford shot the stranger.  After being charged for assault and battery, Buford may assert which of the following defenses?  

Defense of property  

Self Defense  

Defense of abode  

Defense of chattel 

 

Question 12

After enjoying several alcoholic beverages, Lindsay and Nicole were driving home from a party one night when they were stopped at a checkpoint in downtown Hollywood.  Unfortunately, for both the ladies, neither passed the sobriety test administered by the police and they were arrested.  Lindsay and Nicole are likely to be successful in claiming which defense?  

Duress 

Entrapment  

Intoxication 

None. There is unlikely to be a complete defense available to them. 

 

Question 13

A six-year old child who unlawfully kills another human being may successfully assert which of the following defenses?  

Minority  

Insanity  

Involuntary youth  

None of the above 

 

Question 14

When determining whether or not a defendant has been subject to “entrapment” it is best to look at:  

The criminal record of the defendant  

The predisposition of the defendant  

The age of the defendant  

The circle of "friends" the defendant associates with

 

Question 15

Boris had been at a local bar all night.  After drinking several alcoholic beverages, Boris began screaming at the top of his lungs that his girlfriend Natasha had been unfaithful.  Natasha, who had just walked in the door, was appalled by Boris’s behavior.  Boris saw Natasha, grabbed a pool stick and headed toward her.  Boris threatened to “beat her pretty face in” and began swinging the pool stick at her.  Natasha grabbed the pool stick and Boris yelled “Okay, you win. I’m going home.”  As Boris was leaving, Natasha, fed up with Boris’s childish behavior, hit Boris over the head several times with the pool stick, killing him.  Natasha is arrested for the murder of Boris.  What defense, if any, is likely to be successful for her?  

Self Defense  

Intoxication  

Defense of others  

None of the above

 

Question 16

Which of the following infancy/minority defenses creates a rebuttable presumption that a child is capable of committing a crime?  

When the child is under the age of 7  

When the child is between the ages of 7 and 14  

When the child is over the age of 14  

There is no such thing as a rebuttable presumption 

 

Question 17

Edith and Archie grew very tiresome of teenagers breaking into their garage.  So Archie decided to set up a spring trap so that when the teenagers opened the garage door, a rifle would shoot and stop the intruders.  As they expected, that night a neighbor teenager broke into Edith and Archie’s garage.  The teenager what shot and killed by the spring trap’s rifle.  Which defense is likely to be successful for Edith and Archie after being charged with murder?  

Self defense  

Defense of property  

Defense of others  

None. Edith and Archie are unlikely to have a complete defense. 

 

Question 18

When may one use deadly force to protect his property?  

Always  

To recover stolen property  

When someone trepasses on his land  

Never 

 

Question 19

During a casual dinner party, Zeus is attacked in his own home by Hades.  Hades, unbeknownst to Zeus, had brought a small pitchfork to the party and intended on settling an old debt with Zeus.  Hades lunged at Zeus with the pitchfork, barely missing Zeus.  Zeus could have easily escaped through the back door, but instead reached into a drawer, grabbed his thunderbolt and struck Hades when Hades attacked again.  Hades dies.  Zeus is charged with the murder of Hades. Which of the following is true?  

Zeus has no defense available to him  

Zeus had a duty to retreat because it was reasonably safe to do so  

Zeus had no duty to retreat because a man's home is his castle 

Zeus was justified only because he was defending his property

 

Question 20

What is the name of the case that created the rules for "insanity?"  

Palsgraf  

Peerless  

M'Naghten 

MacDonald