Criminal Defenses MCQs

Criminal Defenses MCQs

Answer these 60 Criminal Defenses MCQs and see how sharp is your knowledge of Criminal Defenses.
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1: Jay participated in a drug deal with a person he was unaware was an undercover police officer. At trial, he argued that he did not possess the criminal intent to sell illegal drugs and that but for the police officer’s actions, he would not have broken the law. Jay’s defense constitutes which of the following?

A.   Objective test for entrapment

B.   Subjective trickery defense

C.   Objective coercion defense

D.   Subjective test for entrapment

2: Justification defenses provide that acts that are ordinarily criminal are justified or carry no criminal liability under certain circumstances.

A.   True

B.   False

3: The judge presents his or her witnesses in the case-in-chief.

A.   True

B.   False

4: What factor may not be looked to in order to overcome the presumption of incapacity in juvenile offenders?

A.   Knowledge of the wrongfulness of the child’s actions

B.   Seriousness of the crime

C.   Efforts to conceal the crime

D.   Quality of parenting

5: Self-defense is an excuse defense.

A.   True

B.   False

6: The irresistible impulse test requires the jury to find a defendant NGRI in the event that the jurors find that the defendant possessed a mental disease that prevented him from curbing his or her criminal conduct.

A.   True

B.   False

7: ______ force is a force that a reasonable person under the circumstances would be aware would cause or create a substantial risk of death or substantial bodily harm.

A.   Violent

B.   Deadly

C.   Excessive

D.   Reasonable

8: The contemporary trend is to dismiss the original common law rule and recognize a defense based on voluntary intoxication because of the increasing acceptance of alcoholism as a disease.

A.   True

B.   False

A.   True

B.   False

10: The ______ provides that an individual inside the home is justified in holding his or her ground.

A.   Make my day doctrine

B.   Dwelling doctrine

C.   Tactical doctrine

D.   Castle doctrine

11: Is abuse excuse criminal defenses that involve a claim of lack of criminal responsibility based on past abuse or experiences?

A.   True

B.   False

12: _____ is the burden of production, and in most cases the burden of persuasion, is on the defendant.

A.   Affirmative defenses

B.   Eighth Amendment

C.   All of these

D.   Fourth Amendment

13: _____ is defined as individuals initiating a physical confrontation are not entitled to self-defense unless they retreat.

A.   All of these

B.   Aggressor

C.   All of these.

D.   The legislative branch.

14: _____ is known as a defense that an accused has been somewhere else at the time of the crime.

A.   None of these

B.   The accused wrongfully accepted, or received an item of value from a person or organization.

C.   The money or item of value was promised, offered, or given with the intent to influence an official decision or action of the individual.

D.   Alibi

15: Is alter ego rule an individual intervening in defense of others possesses the rights of the person he or she is assisting?

A.   False

B.   True

16: _____ is an individual may not resist an illegal arrest.

A.   Mere presence

B.   All of these

C.   Mere passerby

D.   American rule for resistance to an unlawful arrest

17: _____ is defined as responsibility to convince the fact finder, usually beyond a reasonable doubt.

A.   Fourth Amendment

B.   First Amendment

C.   Burden of persuasion

D.   None of these

18: _____ is known as responsibility to produce sufficient evidence for the fact finder to consider the merits of a claim.

A.   All of these

B.   An agreement between two or more people

C.   A transaction intended to promote a specified unlawful activity

D.   Burden of production

19: Is case-in-chief the prosecution’s phase of the trial?

A.   True

B.   False

20: _____ is individuals have no obligation to retreat inside their home.

A.   Battery

B.   All of these

C.   Robbery

D.   Castle Doctrine

21: _____ is defined as the defense of necessity in which an individual commits a crime to avoid an imminent and greater social harm or evil.

A.   Tinker v. Des Moines (1969)

B.   Choice of evils

C.   Brown v. Louisiana (1966)

D.   None of these

22: _____ is known as a procedure for detaining psychologically troubled individuals.

A.   Defiant

B.   Felony

C.   All of these

D.   Civil commitment

23: Is competence to stand trial a defendant is competent to stand trial who is able to intelligently assist his or her attorney and to follow and understand the trial?

A.   False

B.   True

24: _____ is use of physical force or a weapon likely to cause death or serious bodily harm.

A.   None of these

B.   Deadly force

C.   Law against noise

D.   Breach of peace

25: _____ is defined as an excuse defense in which the defendant claims an incapacity to form the required criminal intent for the crime and should be held liable for a lesser crime.

A.   All of these

B.   Australia

C.   Scotland

D.   Diminished capacity

26: _____ is known as a crime is excused when committed to avoid what is reasonably believed to be the imminent infliction of serious physical harm or death.

A.   Duress

B.   All of these

C.   A state legislature.

D.   All presidents.

27: Is durham product test a defendant’s unlawful act is the product of a mental disease or defect?

A.   True

B.   False

28: _____ is an individual may use reasonable force to resist an illegal arrest.

A.   Brief

B.   English rule for resistance to an unlawful arrest

C.   Purposely

D.   None of these

29: _____ is defined as defense based on governmental inducement of an otherwise innocent defendant to commit a defense (subjective test) or based on governmental conduct that falls below accepted standards and would cause an innocent individual to commit a criminal offense (objective test).

A.   Act of anger

B.   Promotion of the enemy

C.   None of these

D.   Entrapment

A.   Juries

B.   Litigants

C.   None of these

D.   Excuses

31: Is fleeing felon rule the common law rule permitting deadly force against a felon fleeing the police?

A.   False

B.   True

32: Is guilty but mentally ill (GBMI) the defendant is found to have been guilty and mentally ill at the time of the criminal offense. The defendant is provided with psychiatric care while incarcerated. This is distinguished from a verdict of not guilty by reason of insanity (NGRI)?

A.   False

B.   True

33: _____ is ignorance of the law excuses no one.

A.   Ignorantia juris neminem excusat

B.   First impression

C.   None of these

D.   Tippers

34: _____ is defined as an honest but unreasonable belief in the justifiability of self-defense that results in a conviction for manslaughter rather than murder.

A.   Imperfect self-defense

B.   None of these

C.   First-degree murder

D.   Hate speech

35: Is infancy at common law, there was an irrebuttable presumption that children under seven lack criminal intent. In the case of children over seven and under fourteen, there was a rebuttable presumption of a lack of capacity to form a criminal intent. Individuals over fourteen were considered to possess the same capacity as an adult?

A.   True

B.   False

A.   Insanity defense

B.   Alabama

C.   South Carolina

D.   All of these

A.   Insanity Defense Reform Act of 1984

B.   Constructive

C.   All of these

D.   Joint

38: _____ is known as the privilege to exercise self-defense on behalf of an individual in peril.

A.   Knowledge of the wrongfulness of the child’s actions

B.   Intervention in defense of others

C.   Efforts to conceal the crime

D.   All of these

39: Is involuntary intoxication a defense to criminal offenses where the defendant meets the standard for mental illness in the state?

A.   True

B.   False

40: _____ is mental disease that causes the defendant to lose the ability to choose between right and wrong and to avoid engaging in criminal acts.

A.   Last act

B.   Overt act

C.   Irresistible impulse test

D.   None of these

41: _____ is defined as a defense based on the circumstances of a criminal act.

A.   Breach of peace

B.   All of these

C.   Deadly force

D.   Justification

42: _____ is known as statutes that authorize any degree of force against a trespasser who uses or threatens to use even slight force against the occupant of a home.

A.   Arson.

B.   Assault.

C.   All of these

D.   Make my day laws

43: Is mistake of fact defense based on mistake of fact that negates a specific criminal intent or knowledge or purpose?

A.   False

B.   True

44: _____ is an error of law, with isolated exceptions, is not a defense.

A.   Whistleblowers

B.   Mistake of law

C.   Tippers

D.   None of these

45: _____ is defined as a disease or defect of the mind that results in an individual not knowing what he or she was doing was right or wrong or not knowing what he or she was doing.

A.   None of these

B.   M’Naghten test

C.   Timeshare fraud

D.   Burglary

46: _____ is known as a criminal act is justified when undertaken to prevent an imminent, immediate, and greater harm.

A.   Necessity defense

B.   Statutory clarity

C.   None of these

D.   Freedom of speech

47: Is nondeadly force use of physical force or a weapon that is not likely to cause death or serious injury?

A.   True

B.   False

48: _____ is a person intervening in defense of others may intervene where a reasonable person would believe a person is in need of assistance.

A.   Mere passerby

B.   Objective test for intervention in defense of others

C.   Observer

D.   None of these

49: _____ is defined as an honest and reasonable belief that constitutes a complete defense to a criminal charge.

A.   Appellee

B.   None of these

C.   Perfect self-defense

D.   Libel

50: _____ is known as an individual is presumed to be not guilty, and the burden is on the government to establish guilt.

A.   Presumption of innocence

B.   Writing

C.   All of these

D.   Conspiracy