LEG 320 Week 4 Quiz 4 Chapter 6 and 7 – Strayer

LEG 320 Week 4 Quiz – Strayer (All Possible Questions With Answers)

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CHAPTER 6
THE LAW GOVERNING THE USE OF FORCE

MULTIPLE CHOICE

1. Key points in determining the lawfulness of force used in self-defense include:
a. unlawfulness
b. necessity
c. reasonableness
d. all of these are key points in determining the lawfulness of force used in self-defense

2. To be lawful, force used in self-defense or defense of another must be both reasonable and
a. sufficient
b. nondeadly
c. immediately necessary
d. preventable

3. Should a 70-year-old, 100 pound woman begin to hit a 25-year-old, 200-pound man with an umbrella, the man may
a. defend himself by taking the umbrella away from the woman
b. seize the umbrella and strike the woman with it
c. use any force, including deadly force
d. retreat, but cannot otherwise defend himself

4. The amount of force used in self-defense or defense of another must, under the circumstances that exist, be
a. correct
b. reasonable
c. identical
d. less than the force being used by the aggressor

5. The castle doctrine states that people who have been assaulted in their homes by a trespasser have no duty to retreat or flee but may stand their ground and use such force as is necessary and
a. reasonable to defend themselves
b. required to defend themselves
c. sensible to defend themselves
d. fair to defend themselves

6. The Florida “stand your ground” law creates a presumption that a homeowner has a reasonable fear of imminent peril or death whenever another person unlawfully and
a. forcefully enters the dwelling
b. illegally enters the dwelling
c. willingly enters the dwelling
d. readily enters the dwelling

7. Which of the following reasons help explain why use of deadly force is currently forbidden in the defense of property?
a. today, few items of property are vital to survival
b. today, many items of personal property are insured against loss
c. today, law enforcement agencies are readily available to assist individuals confronted with theft
d. all of these are reasons that help explain why use of deadly force is forbidden in the defense of property

8. A person assaulted in their home by a trespasser has no duty to retreat and may use necessary force based upon what doctrine?
a. trespasser
b. homeowner
c. aggressor
d. castle

9. In states that have adopted “make my day” rules, the occupant of a dwelling
a. may not use deadly force against an intruder
b. may use necessary, but not deadly force against an intruder
c. may use deadly force against an intruder
d. must retreat rather than use force against an intruder

10. To lawfully use deadly force in self-defense, what kind of fear of imminent death or great bodily harm must exist?
a. reasonable
b. subjective
c. actual
d. substantial

11. If force in making arrests should be necessary because of resistance or an attempt to escape, the officer may use only such force as is reasonably believed necessary to
a. detain the offender, make the arrest, and conduct lawful searches
b. overcome any resistance by the offender
c. prevent an escape and retake the person if an escape occurs
d. all of these are limits on the amount of force an officer may use

12. According to the U.S. Supreme Court, the Fourth Amendment applies to use of force by a police officer because the Fourth Amendment provides an explicit textual source of constitutional protection against this sort of
a. physically intrusive governmental conduct
b. inappropriate governmental conduct
c. abusive governmental conduct
d. physically abusive governmental conduct

13. Today, most states prohibit the use of what kind of force to protect property?
a. physical
b. imminent
c. reasonable
d. deadly

14. In most, if not all states, the use of booby traps is
a. unlawful
b. lawful
c. lawful only if injury does not result in death
d. subject to civil penalties only

15. When an uncooperative driver refuses to submit to a breath or urine test police have begun
a. taking forced blood samples from these uncooperative drivers
b. taking forced breath tests from these uncooperative drivers
c. taking forced urine samples from these uncooperative drivers
d. none of these answers is correct

16. Whether excessive force was used by police in making an arrest will be analyzed under the Fourth Amendment and what standard?
a. due process
b. equal protection
c. reasonableness
d. necessary

17. State laws regarding the use of deadly force in making arrests must comply with the requirements established by the U.S. Supreme Court in which case?
a. Miranda v. Arizona
b. Mapp v. Ohio
c. Ingraham v. Wright
d. Tennessee v. Garner

18. Based on the Fourth Amendment, police officers may use deadly force when seizing a fleeing suspect
a. when the offense is a felony
b. when the offense is a felony and the suspect poses a threat to safety
c. regardless of the seriousness of the offense
d. if it appears the suspect will escape

19. State laws and police regulations regarding the use of deadly force must conform to the requirements established by the U.S. Supreme Court in
a. Tennessee v. Garner and Graham v. Connor
b. Tennessee v. Garner and Couture v. Com.
c. Tennessee v. Garner and State v. Escamilla
d. Tennessee v. Garner and People v. Miller

20. What doctrine states that a person in his home is justified in using reasonable force, including deadly force, in response to an assault in their home?
a. the castle doctrine
b. the queen doctrine
c. the king doctrine
d. the “make my day” doctrine

21. “Stand your ground” laws change what doctrine in many states by adopting a presumption that a homeowner has a fear of imminent peril whenever he is attacked in his home?
a. the castle doctrine
b. the “make my day” doctrine
c. the Brown doctrine
d. the Garner doctrine

22. A police officer may use non-deadly force to
a. detain a suspect
b. protect him/herself from harm
c. protect others from harm
d. all of these answers are correct

23. Actions by police officers using force to arrest a suspect are “seizures” of the suspect, and thus under the Fourth Amendment must be
a. reasonable
b. rational
c. non-deadly
d. safe

24. When stopping a person for investigative purposes based upon “reasonable suspicion,” officers may use
a. no force, only verbal warnings
b. reasonable and necessary force given the circumstances
c. their hands, but no devices, to control the subject
d. deadly force

25. State laws or regulations stating how and when police officers may use force must also comply with the
a. Fourth Amendment
b. Fifth Amendment
c. Sixth Amendment
d. Seventh Amendment

26. The term “in loco parentis” refers to
a. transporting mental patients
b. people who take the place of parents
c. when parents are present
d. adoptive parents

27. In determining what constitutes a crime of child abuse, consideration will be given to
a. the age, size, and health of the child
b. the reason for the discipline
c. the gender of the child
d. the age, size, and health of the child, and the reason for the discipline

28. As long as it is reasonable, a child may be disciplined by
a. parents
b. any person in loco parentis
c. public school teachers
d. any of these

29. Who may use deadly force when faced with the threat of death or serious bodily harm to the officer or another?
a. a police officer
b. a probation officer
c. anyone
d. all of these answers are correct

30. Law enforcement officers, neighbors, and other adults who see a child misbehave
a. may discipline the child using any means as long as it takes place immediately
b. may use reasonable force to prevent damage to property
c. may discipline the child only by spanking
d. none of these answers are correct

TRUE/FALSE

1. The law regarding the use of deadly force in making an arrest is exactly the same from state to state.

2. Not only police officers, but any person, may use reasonable force to defend another person against unlawful force or interference.

3. When acting in self-defense, all states impose a duty to retreat prior to the use of deadly and non-deadly force.

4. Not having to retreat before using defensive force in one’s home is known as the “castle doctrine.”

5. In states that have adopted “stand your ground” laws, severe limits have been placed on the use of deadly force by the occupant of a dwelling.

6. The Fourth Amendment is not violated by an arrest based on probable cause, even though the wrong person is arrested.

7. Only parents may use reasonable force in disciplining children.

8. Booby traps and spring guns may not lawfully be used to protect property.

9. Deadly force may never be used by a police officer in an attempt to seize an individual.

10. A citizen is never authorized to use deadly force against another citizen; only police may use deadly force against another person.

COMPLETION

1. The doctrine permitting people who have been assaulted in their homes by a trespasser to stand their ground and use such force as is necessary and reasonable to defend themselves is called the “ “ doctrine.

2. Force may not be used legally in making an arrest unless the arrest is a
, custodial arrest made in good faith.

3. The law regarding the use of deadly force in making an arrest somewhat from state to state.

4. According to the _________ doctrine, a person does not have a duty to retreat before using defensive force in their own home.

5. To lawfully use deadly force in self-defense, a reasonable fear of _________ death or great bodily harm must exist.

6. Deadly force may never be used to make the arrest of or to prevent the escape of a person who has committed a .

7. Under the old common law used on the American frontier, _______ force was often used to protect property.

8. Using excessive force during an arrest would constitute an unreasonable seizure in violation of the _________ Amendment.

9. The killing of a fleeing suspect is a __________ under the Fourth Amendment, and is therefore constitutional only if reasonable.

10. In general, parents may use _____________ force to discipline their children.

CHAPTER 7
OTHER CRIMINAL DEFENSES

MULTIPLE CHOICE

1. Double jeopardy does not bar successive prosecutions of a defendant convicted of one offense if the subsequent prosecution involves
a. a different or separate offense
b. retrying a person who was previously found not guilty by reason of insanity
c. a new attorney
d. a different judge

2. Foreign diplomatic officers in the United States are immune from
a. arrest
b. prosecution
c. both arrest and prosecution
d. punishment for all crimes except felonies

3. While the legislature is in session or legislators are traveling to the legislature, both the U.S. and most state constitutions provide immunity from
a. arrest
b. prosecution
c. both arrest and prosecution
d. serving a sentence

4. Many grants of immunity come after a witness asserts their _____ Amendment privilege against self-incrimination.
a. Fourth
b. Fifth
c. Sixth
d. Eighth

5. The two types of immunity which may be granted to a witness or suspect are
a. overt and covert
b. latent and patent
c. transactional and use
d. absolute and contingent

6. A mistake of fact can be a defense if it
a. negates the mens rea
b. is an act or omission
c. is unreasonable
d. breaks the chain of causation

7. The mistake of fact defense may not be used for which type of offense
a. felony
b. misdemeanor
c. capital
d. strict liability

8. The general rule is that ignorance of the law is
a. not a defense
b. a defense only to crimes of violence
c. is a defense
d. is a defense only in capital cases

9. The “different offense” rule states that where the same acts or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision
a. requires proof of an additional fact which the other does not
b. occurred in the same location
c. occurred at the same time
d. was a felony or misdemeanor

10. The doctrine that prevents a second determination of a charge or issue once it has been judicially determined in a case involving the same parties is called
a. res judicata
b. collateral estoppel
c. res collateral
d. estoppel judicata

11. The doctrine that prohibits a second determination of a fact, when the fact was earlier judicially determined in a case involving the party who advances the doctrine is called
a. res judicata
b. collateral estoppel
c. res collateral
d. estoppels judicata

12. The defense that usually alleges that a law enforcement officer has planted false evidence, or has altered, substituted, or destroyed evidence, in an effort to convict the defendant of the crime charged is known as a
a. frame-up
b. entrapment
c. collateral citation
d. jinx

13. When using the defense of duress, defendants admit they committed the crime but did so only because they
a. were ordered to do so by a superior
b. were forced to become intoxicated or drugged
c. were tricked by law enforcement
d. were threatened with death or serious bodily injury if they did not
commit the crime

14. In the case of escape from prison or jail, duress or coercion
a. may never be used as a defense
b. may be a defense only in limited circumstances
c. may be a defense only if they were subjected to cruel and unusual punishment
d. may be a defense only if the defendant is innocent of the charge

15. In most states, duress is not a defense to
a. murder
b. treason
c. any crime
d. any property crime

16. What other name is the “choice of evils” defense also known as?
a. coercion defense
b. entrapment defense
c. necessity defense
d. duress defense

17. If the defendant has a reasonable alternative, and harm is not imminent, the defendant
a. may not utilize the necessity defense
b. may utilize the necessity defense
c. may utilize the necessity defense only to take the life of another
d. may utilize the necessity defense in misdemeanor, not felony cases

18. The difference between a frame-up and a set-up is that in a set-up the person doing the set-up is
a. not a law enforcement officer
b. a law enforcement officer
c. a judge
d. is not a judge

19. The defense of entrapment has two elements:
a. improper government inducement of the crime and lack of predisposition on the part of the defendant to engage in the criminal conduct
b. improper inducement of the crime and lack of predisposition on the part of the defendant to engage in the criminal conduct
c. improper government inducement of the crime and predisposition on the part of the defendant to engage in the criminal conduct
d. none of these answers are correct

20. In a jury trial, jeopardy attaches once
a. the jury is sworn
b. the first witness is sworn in
c. the jury reaches a verdict
d. the judge imposes a sentence

21. In a bench or court trial, jeopardy attaches once
a. the first witness is sworn in
b. the prosecution rests their case-in-chief
c. the judge reaches a verdict
d. the judge imposes a sentence

22. The protection against double jeopardy is found in the _____ Amendment.
a. Fourth
b. Fifth
c. Sixth
d. Eighth

23. If a defendant is tried for the same offense by both the state and federal governments, this is
a. always a violation of double jeopardy
b. not a violation of double jeopardy
c. not a violation of double jeopardy if the first trial resulted in acquittal
d. a violation of double jeopardy only if the first trial resulted in acquittal

24. Double jeopardy prohibits a person from
a. being tried for an offense and then for a lesser-included offense
b. being tried by both state and federal governments for the same offense
c. being tried by two different states for the same offense
d. being tried again after the appellate court grants a new trial

25. Double jeopardy applies
a. if a mistrial occurs before jeopardy has attached
b. if one action is criminal and one civil
c. only if the defendant is convicted in the first trial
d. when the trials are for the same offense in the same court

26. A defense based on unacceptable government persuasion even though the defendant admittedly chose to commit the crime is known as
a. entrapment
b. frame up
c. set up
d. necessity

27. The name of the test used to determine when a speedy trial violation has occurred is the
a. four-factor balancing test
b. five-factor balancing test
c. six-factor balancing test
d. seven-factor balancing test

28. The constitutional right to a speedy trial is found in the _____ Amendment.
a. Fourth
b. Fifth
c. Sixth
d. Eighth

29. The right to a speedy trial commences when a person
a. becomes the target of a criminal investigation
b. testifies before a grand jury
c. is officially charged with a crime
d. appears with counsel for trial

30. Which of the following is not one of the factors used to determine when a speedy trial violation has occurred?
a. the length of the delay
b. the reason for the delay
c. the prejudice resulting from the delay
d. all of these are factors used to determine when a speedy trial violation has occurred

TRUE/FALSE

1. At times, a mistake of fact can serve as a defense to criminal liability.

2. Diplomatic immunity for consular officers is not absolute.

3. In most states, duress is not a defense to a charge of murder.

4. Double jeopardy means that a person who has been acquitted by a judge or a jury may not be tried again, unless subsequent investigation reveals evidence that proves conclusively that the defendant is guilty.

5. The prohibition against double jeopardy is found in the Sixth Amendment to the U.S. Constitution.

6. The defense of res judicata means basically that the issue has already been decided.

7. The doctrine that different governments may each file separate criminal actions for the same criminal act is the “dual sovereignty” doctrine.

8. Should the conduct of law enforcement agents be deemed outrageous, it may violate the defendant’s right to due process.

9. The U.S. Constitution states a defendant must be tried within six months of arrest.

10. The doctrine of collateral estoppel prevents the retrying of factual questions determined in a previous, related, trial.

COMPLETION

1. There are two kinds of witness immunity, transactional immunity and immunity.

2. If the harm sought to be avoided by committing the crime is greater than the harm of the crime itself, the defendant may have the defense of ____________.

3. In a jury trial, jeopardy attaches when a __________ is sworn.

4. The right against double jeopardy is found in the __________ Amendment.

5. Under the ________ sovereignty doctrine, different governments may each file separate criminal actions for the same criminal act.

6. In a case involving an entrapment defense, the initial burden of coming forward with evidence is placed upon the ____________.

7. A successful entrapment defense must establish the government’s improper inducement and the defendant’s lack of ___________ to commit the crime.

8. At times, a of fact can serve as a defense to criminal liability.

9. The constitutional requirement for a speedy trial must be complied with unless the defendant _________ that right.

10. Failure to try a defendant within the time necessary to satisfy the speedy trial requirement may result in ___________ of the criminal charge.