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A perfect defense leads to an acquittal
True
It is never lawful to use force to protect property
False
Preemptive strikes at a potential attacker are valid self-defense
False
Consent is never a defense to any sex crime
False
The term "motive" means the same as "intent."
False
In the alibi defense, defendants argue that they were somewhere else at the time of the crime and not at the scene of the crime.
True
Retaliation for past attacks or threats justifies defensive use of force
False
There is no defense for using force against someone who is not attacking the actor but is attacking some other person.
False
Defendants prove most defenses beyond a resonable doubt.
False
If the convicted defendant shows mitigating circumstances, they may be able to get a reduced sentence.
True
necessity or choice-of-evils is not a valid defense in the state has already ranked the evils and specifically precluded the choice, such as the use of marijuana to alleviate pain.
True
In both excuses and justificationm, the defendant admits doing the actus reus.
True
The burden of production is on the defendant for affirmative defenses.
True
imperfect self-defense may, in some jurisdictions, reduce a murder to manslaughter.
True
The reason why the person commits the crime is called the motive.
True
In all states, a person must retreat from their home if they can safely do so before using deadly force.
False
A person cannot lawfully use force to prevent an anticipated attack.
True
No matter what may happen later, the initial attacker can never claim self-defense.
False
The Model Penal Code recognizes a choice-of-evils defense.
True
The choice-of-evils defense requires that the defendant have correctly identified and weighed the evils.
True
The choice-of-evils defense was available at common law.
True
The outside area immediately surrounding thwe home is called the curtilage.
True
At common law, the right to use deadly force to defend your own home was not recognized.
False
In many jurisdictions, deadly force can be used to defend yourself agaiinst certain serious felonies.
True
Consent is a defense to all crimes.
False
The cognition form of the insanity defense deals with the will or aility to control conduct
False
Most jurisdictions utilize the subjective test of entrapment
True
The irresistible impulse test is a cognitive type of insanity defense.
False
The Durham version of the insanity defense was first announced in a famous English case in 1843.
False
Most states use some version of the Model Penal Code substantial capacity test of insanity.
True
The substantial capacity test has both congnitive and volitional elements.
True
most defendants who utilize the insanity defense at trial do so unsuccessfully.
True
Defendants usually succeed when they argue syndrome defenses such as PMS or post-traumatic stress disorder.
False
In criminal law, the insanity defense is a medical concept, not a legal one.
False
In all states and the federal courts, the prosecution must disprove insanity by a perponderance of the evidence.
False
At common law, voluntary intoxication was a defense.
False
Involuntary intoxication is a recognized defense in most states.
True
A defendant who succeeds with the diminished capacity defense will automatically be committed to a mental hospital.
False
At common law, a child under twelve years of age could not be guilty of a criminal offense.
False
In most states, the defense of duress cannot be used in murder prosecutions.
True
To have a successful duress defense, the defendant must retreat before using force if it can be done safely.
False
The predisposition of the defendant to commit the crime is relevant in the subjective test of entrapment.
True
Current federal statutes use the Durham test of insanity.
False
A defendant who has prior convictions for similar offenses would probably fare best in a jurisdiction that uses the objective test of entrapment.
True
Persons found not guiltyby reason of insanity spends much less time in custody that do defendants convicted of the same offenses.
False
In an excuse, the defendant admits doing the act, but argues that the act was right or justified.
False
The John Hinckley trial and verdict stimulated considerable change in the law of insanity.
True
Under the irresistible impulse test, the defendant does not have to be suffering from a mental disease or defect.
False
The defense of insanity is limited to murder cases.
False
Since the late 1980s, most jurisdictions and the federal government have abolished the insanity defense.
False
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