Question 1

Brainwashing can be argued as a criminal defense.

Accepted Answer

A) True 
 B)False

Question 2

Jack Oberman is a pharmacist at a local drug store and has never engaged in any form of illegal activity. Local police officers received reports that the drug store was filling illegal prescriptions for OxyContin, a strong painkiller often sold on the streets. An undercover officer approached Jack on five separate occasions, claiming that he had a daughter suffering from a terminal illness who was in severe pain and discomfort. The undercover officer claimed he could not afford medical treatment and asked Jack to illegally provide him with OxyContin for his daughter. Jack refused on the first four occasions, but he finally consented after hearing the horrific stories of the young girl's suffering. Jack handed the undercover officer 10 OxyContin pills and was subsequently arrested. Is he entitled to the defense of entrapment? Would he be successful under both the objective and subjective tests?

Accepted Answer

Student answers will vary. Answer should...

Question 3

The ________ defense is based on the belief that someone should not be convicted of a crime that the government instigated.

Accepted Answer

The answer of The ________ defense is based on the...

Question 4

A(n)  ________ defense is raised in cases when the defendant argues that she chose between the lesser of two evils.

Accepted Answer

A)   Necessity.
B)   Justification.
C)   Excuse.
D)   Duress.E) B) and C)
F) B) and D)

Question 5

This waiver is a waiver of a juvenile defendant from juvenile to adult court is presumed appropriate based on the age, offense, or other factors.

Accepted Answer

A)   Presumptive Waiver.
B)   Mandatory Waiver.
C)   Discretionary Waiver.
D)   Juvenile Waiver.E) B) and D)
F) A) and B) A

Question 6

Excuse defenses are those in which the offender accepts responsibility but argues that the commission of a crime was appropriate under the circumstances.

Accepted Answer

A) True 
 B)False

Question 7

Explain the insanity defense. The courts use multiple tests to determine whether a person was insane at the time of the crime. Identify and explain two of these tests.

Accepted Answer

The insanity defense examines the defendant's mental state at the time of the crime to determine if he or she is criminally responsible. The insanity defense is a legal concept, so just because someone may be medically diagnosed as insane, he or she may not succeed with an insanity defense. The text identifies five tests used to determine whether a person was insane at the time of the crime. Student answers will vary but students should pick from the following: (1) the M'Naghten test, (2) the "irresistible impulse"test, (3) the Model Penal Code test, (4) the product test, and (5) the federal test. States can choose their own tests, combine two or more tests to suit their needs, or even have no insanity defense at all. The M'Naghten Test is an insanity test that focuses on the defendant's ability to appreciate the wrongfulness of his conduct based on a mental disease or defect. The irresistible impulse test is an insanity test that focuses on the defendant's ability to conform his conduct to the law. The Model Penal Code uses the following language for its insanity test: "A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality [wrongfulness] of his conduct or to conform his conduct to the requirements of the law."The product test is an insanity test that determines whether the criminal activity is the product of a mental disease or defect. Federal law treats insanity as a defense. This definition of insanity also parallels some of the others introduced here. For example, it retains the Model Penal Code's use of the word appreciate. However, it adds the word severe to the equation, possibly making it more difficult for a federal defendant to succeed with an insanity defense.

Question 8

The Supreme Court held that there are no constitutional limitations on how long a defendant can be hospitalized for the purpose of restoring competency.

Accepted Answer

A) True 
 B)False

Question 9

Which is NOT a syndrome defense?

Accepted Answer

A)   Physiology Based Excuses.
B)   Biology Based Excuses.
C)   Psychology Based Excuses.
D)   Sociological Based Excuses.E) None of the above
F) A) and B)

Question 10

Match its defense with its corresponding definition.
-Insanity Defense

Accepted Answer

A)   A statutory requirement that certain juveniles be treated as adults in the criminal justice system.
B)   An excuse defense applicable only if the intoxication is involuntary.
C)   An excuse defense that is applicable when the defendant is forced to commit a crime by threat or force.
D)   Excuses based on physiology, excuses based on psychology, and sociological excuses.
E)   An excuse defense to a criminal charge based on the defendant's mental condition at the time of the crime.F)  An excuse defense that is applicable if the government is found to have manufactured or initiated a crime that otherwise would not have occurred.G) E) and F)
H) D) and E)

Question 11

A person who is under the influence of alcohol may not be able to form the requisite mens rea to commit a crime.

Accepted Answer

A) True 
 B)False

Question 12

In Common Law, children over age ________ have the same capacity to offend as adults.

Accepted Answer

The answer of In Common Law, children over age ________...

Question 13

This test of insanity is also known as the Durham test.

Accepted Answer

A)   M'Naghten Test.
B)   Irresistible Impulse Test.
C)   Product Test.
D)   Federal Test.E) A) and B)
F) All of the above

Question 14

This excuse defense could be applicable if the government is found to have manufactured or initiated a crime that would not have otherwise occurred.

Accepted Answer

A)   Duress.
B)   Intoxication.
C)   Entrapment.
D)   Creative Excuses.E) B) and D)
F) B) and C) C

Question 15

Intoxication could reduce, for example, what would otherwise be a first-degree murder conviction to one for second-degree murder.

Accepted Answer

A) True 
 B)False

Question 16

This case identifies four circumstances in which a person is said to be involuntarily intoxicated.

Accepted Answer

A)   City of Minneapolis v. Altimus.
B)   Wentworth v. State.
C)   State v. Crawford.
D)   People v. Anderson.E) A) and D)
F) All of the above

Question 17

Intoxication as a defense is applicable regardless of whether the alcohol, drugs, or other substances were voluntary or involuntary.

Accepted Answer

A) True 
 B)False

Question 18

A "temporary psychotic reaction, often manifested by violence, which is triggered by consumption of alcohol by a person with a pre-disposing mental or physical condition"is known as:

Accepted Answer

A)   Pathological Intoxication.
B)   Compulsive Alcoholism.
C)   Habitual Inebriation.
D)   Typical Intemperance.E) C) and D)
F) A) and C)

Question 19

Identify and explain three categories of syndrome defenses, creative excuses. Provide an example of a defense within each category.

Accepted Answer

Excuses based on physiology, excuses bas...

Question 20

Match its defense with its corresponding definition.
-Syndrome Defenses

Accepted Answer

A)   A statutory requirement that certain juveniles be treated as adults in the criminal justice system.
B)   An excuse defense applicable only if the intoxication is involuntary.
C)   An excuse defense that is applicable when the defendant is forced to commit a crime by threat or force.
D)   Excuses based on physiology, excuses based on psychology, and sociological excuses.
E)   An excuse defense to a criminal charge based on the defendant's mental condition at the time of the crime.F)  An excuse defense that is applicable if the government is found to have manufactured or initiated a crime that otherwise would not have occurred.G) A) and D)
H) A) and E)

Exam 5: Excuse Defenses

Brainwashing can be argued as a criminal defense.

Correct Answer
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Correct Answer
verified
Student answers will vary. Answer should...
View Answer

The ________ defense is based on the belief that someone should not be convicted of a crime that the government instigated.

Correct Answer
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A(n) ________ defense is raised in cases when the defendant argues that she chose between the lesser of two evils.

Correct Answer
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This waiver is a waiver of a juvenile defendant from juvenile to adult court is presumed appropriate based on the age, offense, or other factors.

Correct Answer
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A

Excuse defenses are those in which the offender accepts responsibility but argues that the commission of a crime was appropriate under the circumstances.

Correct Answer
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Explain the insanity defense. The courts use multiple tests to determine whether a person was insane at the time of the crime. Identify and explain two of these tests.

The Supreme Court held that there are no constitutional limitations on how long a defendant can be hospitalized for the purpose of restoring competency.

Correct Answer
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Which is NOT a syndrome defense?

Correct Answer
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Match its defense with its corresponding definition. -Insanity Defense

Correct Answer
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A person who is under the influence of alcohol may not be able to form the requisite mens rea to commit a crime.

Correct Answer
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In Common Law, children over age ________ have the same capacity to offend as adults.

Correct Answer
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This test of insanity is also known as the Durham test.

Correct Answer
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This excuse defense could be applicable if the government is found to have manufactured or initiated a crime that would not have otherwise occurred.

Correct Answer
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C

Intoxication could reduce, for example, what would otherwise be a first-degree murder conviction to one for second-degree murder.

Correct Answer
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This case identifies four circumstances in which a person is said to be involuntarily intoxicated.

Correct Answer
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Intoxication as a defense is applicable regardless of whether the alcohol, drugs, or other substances were voluntary or involuntary.

Correct Answer
verified

A "temporary psychotic reaction, often manifested by violence, which is triggered by consumption of alcohol by a person with a pre-disposing mental or physical condition"is known as:

Correct Answer
verified

Identify and explain three categories of syndrome defenses, creative excuses. Provide an example of a defense within each category.

Correct Answer
verified
Excuses based on physiology, excuses bas...
View Answer

Match its defense with its corresponding definition. -Syndrome Defenses

Correct Answer
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Exam 5: Excuse Defenses

Brainwashing can be argued as a criminal defense.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedStudent answers will vary. Answer should...View AnswerShow Answer

The ________ defense is based on the belief that someone should not be convicted of a crime that the government instigated.

Correct AnswerverifiedShow Answer

A(n) ________ defense is raised in cases when the defendant argues that she chose between the lesser of two evils.

Correct AnswerverifiedShow Answer

This waiver is a waiver of a juvenile defendant from juvenile to adult court is presumed appropriate based on the age, offense, or other factors.

Correct AnswerverifiedA

Excuse defenses are those in which the offender accepts responsibility but argues that the commission of a crime was appropriate under the circumstances.

Correct AnswerverifiedShow Answer

Explain the insanity defense. The courts use multiple tests to determine whether a person was insane at the time of the crime. Identify and explain two of these tests.

The Supreme Court held that there are no constitutional limitations on how long a defendant can be hospitalized for the purpose of restoring competency.

Correct AnswerverifiedShow Answer

Which is NOT a syndrome defense?

Correct AnswerverifiedShow Answer

Match its defense with its corresponding definition. -Insanity Defense

Correct AnswerverifiedShow Answer

A person who is under the influence of alcohol may not be able to form the requisite mens rea to commit a crime.

Correct AnswerverifiedShow Answer

In Common Law, children over age ________ have the same capacity to offend as adults.

Correct AnswerverifiedShow Answer

This test of insanity is also known as the Durham test.

Correct AnswerverifiedShow Answer

This excuse defense could be applicable if the government is found to have manufactured or initiated a crime that would not have otherwise occurred.

Correct AnswerverifiedC

Intoxication could reduce, for example, what would otherwise be a first-degree murder conviction to one for second-degree murder.

Correct AnswerverifiedShow Answer

This case identifies four circumstances in which a person is said to be involuntarily intoxicated.

Correct AnswerverifiedShow Answer

Intoxication as a defense is applicable regardless of whether the alcohol, drugs, or other substances were voluntary or involuntary.

Correct AnswerverifiedShow Answer

A "temporary psychotic reaction, often manifested by violence, which is triggered by consumption of alcohol by a person with a pre-disposing mental or physical condition"is known as:

Correct AnswerverifiedShow Answer

Identify and explain three categories of syndrome defenses, creative excuses. Provide an example of a defense within each category.

Correct AnswerverifiedExcuses based on physiology, excuses bas...View AnswerShow Answer

Match its defense with its corresponding definition. -Syndrome Defenses

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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Student answers will vary. Answer should...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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A

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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C

Correct Answer
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Correct Answer
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Correct Answer
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Excuses based on physiology, excuses bas...
View Answer

Correct Answer
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