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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
Complicity creates liability because of a relationship with the offender.
False
Vicarious liability hinges on providing aid or assistance to an offender.
False
At common law, the person who actually committed the crime is the principal in the first degree.
True
A co-conspirator could be an accessory-before-the-fact.
True
The Pinkerton rule states that accomplices are liable for all crimes committed by the persons they aid.
False
The doctrine of complicity establishes when one person can be criminally liable for the acts of another.
True
At common law, a person who knowingly harbored a felony fugitive to prevent the felon's capture would be an accessory-after-the-fact.
True
At common law, a person who acted as a lookout for another criminal would be a principal in the third degree.
False
A person who aids, abets, or assists another in committing a crime is an accomplice to that crime.
True
Flight from the scene ofa crime is enough evidence to convict of a crime or being an accomplice.
False
Mere presence at the scene of a crime is, all by itself, not enough to convict one of being an accomplice to that crime.
True
Barring some duty to the victim, passive approval of a crime is, by itself, enough to warrant conviction as an accomplice.
False
Early court decisions on accomplice liability did not require proof of intent to facilitate the crime, only proof of intent to aid the criminal.
True
The minority rule is that in addition to general intent, accomplice liability also requires intent that the crime be commited.
True
A person cannot be held liable as an accomplice for negligent or reckless acts.
False
Most accessory-after-the-fact statutes require that the defendant know the person they aided committed a felony.
True
Accessory and accomplice liabi
lity can be established by circumstantial evidence.
True
A strict liability offense has no actus reus element.
False
Corporations cannot be vicariously liable for the acts of their employees.
False
Many offenses related to businesses and corporations are both strict and vicarious liability.
True
A person can be vicariously liable even though they personally did no act and had no criminal intent.
True
A person who is prima facie responsible is presumed responsible.
True
parental responsibility laws make parents liable if their children commit a crime because the parents failed to supervise or control their children.
True
Every law imposing vicarious criminal liability on parents for the acts of their children has been found to be constitutional.
False
Statutes that impose both strict and vicarious liability always violate due process.
False
The objective test of entrapment focuses on
Police Excesses
The modern right to use force against those unlawfully entering the persons's home generally
Does not include defense of the cartilage.
The entrapment defense arose primarily in response to police excesses in enforcing______ laws.
Consensual crime
Which type of case raises the issues of present danger and the requirement that self-defense in only allowed to protect a person against an imminent attack
A physically battered wife who kills her abusive husband in his sleep
The _____ test of insanity focuses on the defendant's inability to control their conduct.
irresistible impulse
The rule that conspiracy to commit the crime and the crime committed as a result of the conspiracy are the different offenses is known as the _____ rule.
Pinkerton
A defense in which the defendant admits the act, but claims they aren't legally responsible is termed an:
Excuse
In the modern approach to complicity, persons who participate after crimes are committed are known as:
Accomplices
An agreement to commit a crime
Conspiracy
In the Hinckley case, the prosecution was required to prove that Hinckley was sane:
Beyond a reasonable doubt.
The general r9ule is that a person cannot use deadly force to protect :
personal property such as computers and TV
Except for the excuse/defense of______, a successful defense that results in acquittal and released from custody.
Insanity
If they encourage and approve the commission of a crime, words can amount to:
Accomplice mens rea.
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