Question 1

Which defense straddles the lines between criminal law and criminal procedure?

Accepted Answer

Entrapment is a defense that straddles the lines between criminal law and criminal procedure because it involves the conduct of law enforcement officers in inducing a person to commit a crime that they would not have otherwise committed. This defense raises questions about the legality of police conduct, which is a matter of criminal procedure, as well as the guilt or innocence of the defendant, which is a matter of criminal law.

Question 2

Which of the following is NOT one of the four circumstances in which a person is said to be involuntarily intoxicated?

Accepted Answer

The four circumstances in which a person is said to be involuntarily intoxicated are: being coerced to ingest an intoxicant (A), accidentally ingesting an intoxicant (B), suffering from "pathological intoxication" (D), and being unknowingly drugged (e.g. someone spikes their drink) leading to intoxication. Ignoring a warning label on an over-the-counter medicine is not considered involuntary intoxication because the decision to consume the intoxicant was a conscious one.

Question 3

What does it mean if, during a trial, evidence is introduced that leads the jury to believe that the suspect was temporarily not responsible for his or her actions?

Accepted Answer

Introducing evidence that suggests temporary lack of responsibility for actions may indicate temporary insanity, also known as a mental defect, as the suspect's defense.

Question 4

Why can a person who voluntarily ingests an intoxicant not succeed with a defense of intoxication?

Accepted Answer

The answer of Why can a person who voluntarily ingests...

Question 5

Under what age does the Model Penal Code provide a defense of "immaturity," which requires that a person may not be convicted of a crime?

Accepted Answer

The Model Penal Code provides a defense of "immaturity" for individuals under the age of 16, suggesting that due to their age, they may not fully understand the consequences of their actions or possess the requisite criminal intent.

Question 6

Who made the statement that "disallowing consideration of voluntary intoxication has the effect of increasing the punishment for all unlawful acts . . . and thereby deters drunkenness or irresponsible behavior while drunk. The rule also serves as a specific deterrent, ensuring that those who prove incapable of controlling violent impulses while voluntarily intoxicated go to prison."

Accepted Answer

The statement was made by Justice Antonin Scalia in the case Montana v. Egelhoff (1996).

Question 7

Which of the following is NOT one of the non-homicide offense elements of defense?

Accepted Answer

Option D is incorrect because it describes a condition that is typically associated with the defense of duress in the context of non-homicide offenses, where the defendant argues there was no reasonable opportunity to escape the compulsion without committing the crime. This is not an element that negates the defense but rather supports it.

Question 8

Which of the following is not one of the several factors that allow one to rely on intoxication as a defense to prosecution?

Accepted Answer

Voluntary intoxication is generally not a defense to prosecution because it implies that the individual chose to consume alcohol or drugs, knowing the potential impairment it could cause. This choice does not excuse criminal behavior or negate the mens rea (intention or knowledge of wrongdoing) required for most crimes.

Question 9

In Sherman v. United States, the Supreme Court adhered to what particular type of test that focuses on offender predisposition?

Accepted Answer

Sherman v. United States adhered to the subjective test, which focuses on the defendant's mental state or intent, especially offender predisposition.

Question 10

A disturbance of mental or physical capacities resulting from the introduction of any substance into the body is the formal definition of which term?

Accepted Answer

The formal definition provided in the question is consistent with the definition of intoxication, which refers to the negative effects experienced after consuming certain substances. Insanity and psychotic episodes do not necessarily involve the introduction of a substance into the body, and "drugs" is too broad of a term to fully capture the specific phenomenon described.

Question 11

What defenses are available under the Model Penal Code, if a suspect recklessly or negligently places him or herself in a precarious situation?

Accepted Answer

The Model Penal Code does not provide any defense for a suspect who recklessly or negligently places themselves in a precarious situation. Therefore, the correct answer is D, no defense is available. The other options (Duress, Insanity, and Compulsion) are defenses available in certain circumstances, but not applicable in a situation where the suspect knowingly and recklessly placed themselves in danger.

Question 12

What are the two areas where the defense of duress blurs together with one or more other defenses?

Accepted Answer

The defense of duress blurs together with the defense of necessity in cases of prison escapes, and blurs together with the defense of self-defense or battered woman syndrome in cases of domestic violence.

Question 13

Age serves to excuse criminal action in some situations. Under what age do children have absolutely no criminal capacity?

Accepted Answer

Children under the age of 7 are considered to have absolutely no criminal capacity under the doctrine of doli incapax. This means that they are unable to understand that their actions are wrong and cannot be held criminally responsible for their actions.

Question 14

Which of the following is NOT one of the three types of intoxication mentioned in the Model Penal Code?

Accepted Answer

The Model Penal Code only recognizes two types of intoxication: self-induced intoxication and pathological intoxication. Intoxication through group participation or any other form of non self-induced intoxication is not recognized by the Model Penal Code.

Question 15

Which of the following crimes do some states expressly forbid reliance on the defense of duress, while other states treat it as an imperfect defense?

Accepted Answer

Some states forbid reliance on the defense of duress in cases of homicide, while other states treat it as an imperfect defense. In cases of assault, theft, and robbery, duress may be considered as a defense in most states.

Question 16

Which of the following represents the three claims of excuse defenses a defendant may claim?

Accepted Answer

All three claims (involuntary action, insanity, and volitional deficiency) are types of excuse defenses that a defendant may claim. Therefore, option D is the correct choice.

Question 17

What kind of approach does the Model Penal Code take with regard to the entrapment defense?

Accepted Answer

The Model Penal Code takes an objective approach with regard to the entrapment defense. Under this approach, the focus is on whether the police conduct would have induced a law-abiding person to commit the crime in question, rather than on the subjective predisposition of the defendant to commit the offense.

Question 18

What type of defense may a person claim who is kidnapped and forced to participate in a bank robbery?

Accepted Answer

Duress is the defense that can be claimed by a person who is forced to participate in a crime against their will due to a threat of harm to themselves or someone else. Being kidnapped and forced to participate in a bank robbery would be a valid reason to claim duress as a defense. Necessity, insanity, and temporary insanity are not applicable in this scenario.

Question 19

Which of the following may allow the defendant in an entrapment case to escape conviction via a due process argument, rather than an affirmative defense?

Accepted Answer

All of the above scenarios, such as the use of violence or participation in a criminal enterprise by government officials, would constitute a due process violation and could result in the defendant escaping conviction based on a due process argument rather than an affirmative defense of entrapment.

Question 20

At what age may children be considered to have the same capacity as adults?

Accepted Answer

The concept of children having the same capacity as adults is complex and varies by context (legal, psychological, etc.). However, there is no universally agreed-upon age where children are considered to have the same capacity as adults. The choice provided (14) is not accurate as a definitive answer across all contexts. Age of majority and the age at which children are considered capable of making adult-like decisions vary by country and by specific legal or psychological criteria.

Quiz 5: Excuse Defenses