Question 1

What are the three exceptions or situations in which the law recognizes consent as a defense to criminal conduct?

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Question 2

What is the legal equation for self-defense?

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Question 3

Give an example of an excuse.

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Question 4

What is an affirmative defense?

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Question 5

Sunday afternoon, Mark was arrested for the possession of marijuana. In his defense, he told the police that he has been diagnosed with a bleeding ulcer. Every time he eats, he vomits, causing him to no longer want to eat. He bought and smoked the marijuana to increase his appetite to reduce the pain of the ulcer. He has no insurance and over-the-counter medications do not stop him from vomiting. Is this a crime of necessity? Why or why not? What are the criteria for the necessity defense? Analyze this case by applying the elements of necessity. Choose a position, come to a conclusion, and argue why Mark would be found guilty or not guilty.

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Question 6

What is the difference between the American rule for resistance to an unlawful arrest and the English rule for resistance to an unlawful arrest? Do you believe one is better than the other? How so?

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Question 7

A defense attorney is required to notify the prosecutor that the defendant will rely on this defense and provide the names of the witnesses who will testify.

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In many jurisdictions, defense attorneys are required to notify the prosecution if they plan to use certain defenses, such as an alibi or insanity defense, and must provide the names of witnesses who will testify to support this defense. This requirement is designed to ensure fairness and allow the prosecution adequate time to prepare for cross-examination of these witnesses.

Question 8

Under what circumstances can an individual use deadly force to defend himself or herself?

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Question 9

List two justifications to the limitation on the use of deadly force to apprehend suspects.

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Question 10

What is the Castle Doctrine?

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Question 11

Give an example of a justification.

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Question 12

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

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In a trial, it is the responsibility of the parties (plaintiff/prosecution and defendant) to present their witnesses during their respective cases-in-chief, not the judge. The judge oversees the proceedings and ensures the law is followed.

Question 13

A police officer may not use deadly force against a fleeing felon who poses an imminent threat to the police or to the public.

Accepted Answer

A police officer may use deadly force against a fleeing felon if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.

Question 14

Mindy called the police reporting a robbery at the bar next to her place of business. Two police officers arrived at the scene. As one police officer surveyed the scene, the other officer called for back-up. When the officer approached the back of the bar, the suspect ran out of the front door. The police called for the suspect to stop, but he kept running. As the suspect approached a chain link fence, the officer told him to stop one last time. The suspect began to climb the fence, and the officer shot the suspect in the head. The suspect died on the spot. When is a police officer justified in using deadly force? In this case, was the officer justified? Why or why not? What if the suspect had been running with a hammer in his hand? Would the ruling be different? Why or why not?

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Question 15

What is the necessity defense?

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Question 16

Marty is a correctional officer at a federal prison. As a tool of intimidation, the inmates have formed a gang and continuously made threats to the officers and their families. Marty has never complied with the gangs' demands, which has caused great animosity between him and the gang members. One day, Maxwell, the leader of prison's gang, is to be released. Maxwell has told Marty that when he gets out, he is going to take his revenge on Marty by killing Marty's entire family. On the date of his release, Marty followed Maxwell to a liquor store. As Maxwell left the store, Marty followed him to a remote alley where Marty shot Maxwell six times in the back and neck. Marty's defense was that he stopped Maxwell before Maxwell could hurt Marty's family. Marty claims his action was in self-defense. Under what circumstances does the court recognize an individual's right to act in defense against another? According to the general rules of self-defense, is Marty justified in killing Maxwell? Why or why not?

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Question 17

Moral interest was identified as a theory for the defense of justification.

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Moral interest theory is indeed identified as a theory for the defense of justification in legal and ethical discussions, suggesting that actions can be justified if they protect or further moral interests.

Question 18

What is the difference between the Castle Doctrine and "make my day" laws? Many state statutes are moving toward the "make my day" trend. Do you agree with the "make my day" laws or do you agree with the Castle Doctrine? Why? Use examples from your reading to support your answer.

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Question 19

What is the difference between the "retreat to the wall" rule and the "stand your ground" rule?

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Question 20

Explain why affirmative defenses may be legitimate, yet risky.

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Quiz 8: Justifications