Exam 8: Justifications

States typically limit deadly force to defend the home to those situations where deadly force is reasonably believed to be required to prevent the entry of an intruder who is reasonably believed to intend to commit a felony within the dwelling.

When individuals are confronted with the unhappy choice between committing a crime or expecting a harmful event.

The ______ rule provides that an individual intervening "stands in the shoes" or possesses the same rights as the person whom he or she is assisting.

Which of the following is a reason for the defense of necessity?

A defense attorney is required to notify the prosecutor that the defendant will rely on this defense and provide the names of the witnesses who will testify.

The principle of necessity dictates that every alternative should be exhausted before an individual resorts to deadly force, and that an individual should be required to ______.

Common law rule is sufficiently broad to permit deadly force against all of the following EXCEPT ______.

Virtually every jurisdiction provides that there is a duty or requirement to retreat before resorting to non-deadly force.

Which of the following is an exception or situation in which the law recognizes consent as a defense to criminal conduct?

While an individual is not criminally responsible for self-abuse or for taking his or her own life, those who assist him or her are criminally liable.

______ occurs when the jury disregards the law and acquits sympathetic defendants.

Sunday afternoon, Mark was arrested for the possession of marijuana. In his defense, he told the police that he has been diagnosed with a bleeding ulcer. Every time he eats, he vomits, causing him to no longer want to eat. He bought and smoked the marijuana to increase his appetite to reduce the pain of the ulcer. He has no insurance and over-the-counter medications do not stop him from vomiting. Is this a crime of necessity? Why or why not? What are the criteria for the necessity defense? Analyze this case by applying the elements of necessity. Choose a position, come to a conclusion, and argue why Mark would be found guilty or not guilty.

What is the difference between the Castle Doctrine and "make my day" laws? Many state statutes are moving toward the "make my day" trend. Do you agree with the "make my day" laws or do you agree with the Castle Doctrine? Why? Use examples from your reading to support your answer.

The recognition of otherwise criminal acts as justifiable constitutes a morally significant statement concerning our social values.

What is the difference between the American rule for resistance to an unlawful arrest and the English rule for resistance to an unlawful arrest? Do you believe one is better than the other? How so?

______ defenses are defenses in which the defendant typically possesses the burden of production as well as the burden of persuasion.

All of the following are elements of the use of deadly force by police EXCEPT ______.

Necessity is based on the assumption that had the legislature been confronted with the choice, legislators presumably would have safeguarded human life over the crime committed.

In order to use the necessity defense, the defendant must not have been substantially at fault in creating the emergency.

A form of retreat in which an individual retreats with the intent of continuing the hostilities.