Exam 8: Justifications

Marty is a correctional officer at a federal prison. As a tool of intimidation, the inmates have formed a gang and continuously made threats to the officers and their families. Marty has never complied with the gangs' demands, which has caused great animosity between him and the gang members. One day, Maxwell, the leader of prison's gang, is to be released. Maxwell has told Marty that when he gets out, he is going to take his revenge on Marty by killing Marty's entire family. On the date of his release, Marty followed Maxwell to a liquor store. As Maxwell left the store, Marty followed him to a remote alley where Marty shot Maxwell six times in the back and neck. Marty's defense was that he stopped Maxwell before Maxwell could hurt Marty's family. Marty claims his action was in self-defense. Under what circumstances does the court recognize an individual's right to act in defense against another? According to the general rules of self-defense, is Marty justified in killing Maxwell? Why or why not?

The ______ provides that an individual inside the home is justified in holding his or her ground.

The ______ defense recognizes that conduct that would otherwise be criminal is justified when undertaken to prevent a significant harm.

Travis was hanging out with his friends in the park smoking a hand-rolled cigarette. The price of cigarettes had skyrocketed recently and so he began making his own. A nearby police officer sees him and believes he is smoking a joint. The police officer comes over to Travis, and after a brief verbal exchange, decides to arrest Travis. Travis, knowing he is not smoking a joint, believes the arrest is unlawful and resists as the officer tries to handcuff him. Travis then kicks the officer. Can Travis be charged with a crime for his behavior?

These acts deserve condemnation, but the defendant is not held criminally liable.

The judge presents his or her witnesses in the case-in-chief.

The early approach to the defense of others in the United States was the objective test.

The execution of ______ justifies the acts of individuals in the criminal justice system that would ordinarily be considered criminal.

The American legal system is based on which of the following?

All of the following are elements of self-defense EXCEPT ______.

What party is generally is NOT entitled to self-defense?

Explain why affirmative defenses may be legitimate, yet risky.

Summarize and discuss the People v. Goetz case. What was the main issue being discussed? What are the findings in this case? Do you agree? Why or why not?

Today, all 50 states recognize the right to forcibly resist an unlawful arrest.

The fact that an individual consents to be the victim of a crime constitutes a defense.

List two justifications to the limitation on the use of deadly force to apprehend suspects.

Cassie has decided to undergo rhinoplasty and signed medical releases to that effect. She has hopes of one day becoming a model and wants to do everything possible to give her the best chance at success. During her surgery, while she was under anesthesia, the doctor decides to fill a few wrinkles around her eyes with botox and give her lip injections. He decides to do this as a gift to her free of charge because he believes in her ability to be successful in the modeling business. Were the doctor's actions appropriate?

A defendant's good motive in committing a mercy killing of a severely ill family member may be considered in determining guilt or innocence.

All of the following were identified as instances in which consent to criminal conduct is recognized as a defense EXCEPT ______.

What is an affirmative defense?