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Exam 4: Justification Defenses

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Question 31

Multiple Choice

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What defense available to female victims of domestic violence who kill their partners is often raised as a declaration of self-defense?

A) Domestic violence defense
B) Family violence defense
C) Battered woman syndrome defense
D) None of the above

E) A) and B)
F) A) and C)

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Question 32

Multiple Choice

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What positions do courts take when it comes to the use of deadly force concerning defense of habitation?

A) Court are still divided
B) All courts agree on the use of deadly force regardless of entry
C) All courts agree on the use of deadly force only if forced entry
D) None of the above

E) None of the above
F) A) and D)

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Question 33

Multiple Choice

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The concept that a person is not required to retreat if that person is the victim of an unprovoked attack is known as what legal principle?

Prosecution in a murder case has failed to prove that the suspect intentionally assaulted the victim with the intent to kill the victim. Explain what options for the prosecution may be available if this situation occurs. What could the defendant expect to gain from the lack of proof? If any other charges can be introduced, what charges might be pursued? Would the degree of proof be the same as that required proving intent?

The Model Penal Code recognizes a "choice of evils" defense, which says that criminal conduct will be justified base on which of the following actions?

Deadly force may be used in defense-of-property if the situation involved in defense-of-property evolves into a self-defense or defense of others that justifies the use of deadly force.

When law enforcement considers the use of deadly force against a suspect, one must consider which of the following?

What is a defendant's acquittal as the result of the prosecution failing to prove one or more of the elements of the crime or leaving reasonable doubt in the mind of the jury?

John happens on a person in a shallow cove with his foot hopelessly wedged between two pieces of coral. John observes that the tide is already rising and the person is fighting to keep his head above the rising waters. Knowing that the person will drown before Life Care can arrive, John decides to cut the person's foot off to keep the person from drowning. This is an example of what type of defense?

Deadly force is authorized against an intruder if the actor believes the intruder is seeking to dispossess him of his dwelling, the intruder has no claim of access to the property, and the force is immediately necessary.

Self-defense is an example of what type of defense?

Cf self-defense is that self-defense requires what?

Two teenagers consenting to shooting BB rifles at each other, resulting in the loss of the sight in one eye due to injury from one of the BBs, is considered an accident by the courts because of the element of consent.

Match each word with the appropriate definition or description.

A person who has a suspended driver's license, but drives a seriously ill family member to the emergency room of the local hospital, is an example of what?

___________________ is a state law that provides homeowners with considerable latitude to use force to defend their dwelling from unauthorized intruders.

The Model Penal Code allows an ordinary citizen to use force to prevent a person from committing suicide.

A theory that underlying justification defenses are based on the idea that the allegedly criminal action benefits society is known as what type of theory?

There are four general requirements for a successful modern-day claim of self-defense: an unprovoked attack, imminent danger, absence of alternatives, and ________________.

A woman who suffers repeatedly from unprovoked beatings from her intoxicated husband and assaults the husband by hitting him with a frying pan as soon as he enters the home may seek defense from prosecution under the _________________.