Exam 15: General Defenses and Justification

The penal code recognizes that sometimes violating the law is a more socially desirable behavior than complying with the law.The defense of necessity becomes available when the desirability and ________ of avoiding harm clearly outweighs the harm sought to be prevented by a criminal statute.

In asserting the defense of self-defense,which of the following is a key element in establishing the lawfulness of the use of force?

A criminal accused may be viewed by society as crazy but not be insane because insanity is a ________ concept,not a psychiatric or psychological concept.

Police officers who execute an arrest warrant have not committed kidnapping because of the legal justification called public ________.

The Texas statutory definition of the term "deadly force" covers any force capable of causing death or serious bodily injury.

Should the age for general criminal responsibility be raised from 17?

Jose is one bad boy.Although only 13 years old,he has a long history of delinquent conduct.Late one evening,Jose enters Raul's home for the purpose of stealing Raul's television set.While Jose is in the house,Raul hears a noise.Raul grabs a baseball bat and goes to investigate.Raul confronts Jose and a fight breaks out.Jose disarms Raul and then strikes Raul several times with the bat.Raul is seriously injured.Jose flees the scene.The next day the police take Jose into custody.In order to charge Jose with attempted murder and try him as an adult,the state will:

Suzy is a police officer assigned to the vice squad.On Friday and Saturday nights she dresses in sexy clothing and stands on a street corner where prostitutes are known to congregate.Sam approaches her and offers her $25 to engage in a sex act.She tells Sam to meet her in 15 minutes at a motel room around the corner.Sam says,"You aren't a cop are you?" Suzy just laughs at the question.When Sam gets to the motel room,he is arrested by other vice officers and charged with violating the prostitution statute.Suzy's conduct:

Jane is a 15-year-old high school student.She runs with a bad crowd that frequently engages in petty criminal behavior.Assume Jane is apprehended after engaging in various misdemeanors.She may be prosecuted in the adult justice system without any involvement of the juvenile court system if the offenses in which she engaged are:

Jerry is charged with selling cocaine.At trial,Jerry and his attorney decide to use the entrapment defense.From Jerry's perspective,use of the entrapment defense in court is risky because:

Jack and Jennifer are married.Jack is a career criminal who lives primarily off the proceeds of various thefts.Two months after their wedding,Jack tells Jennifer that they need money.He states that he intends to rob a liquor store and needs Jennifer to drive the getaway car.Jennifer says she is afraid of being caught and going to jail if she participates in the crime.Jack tells her,"Don't worry.If we get caught,tell the police your husband ordered you to help him and according to the Bible and Texas law,the wife must do as the husband says,even if it involves violating the law.In other words,you can't be prosecuted for crimes I order you to commit." Jennifer agrees to assist in the robbery.However,the pair do indeed get apprehended after the robbery.Jennifer tells the prosecutor that Jack commanded her to assist him.The prosecutor could correctly tell Jennifer that:

Ahmad is a clerk in a convenience store.Mike enters the store,points a pistol at Ahmad,and says,"Give me your money." Ahmad draws his own pistol and shoots Mike dead.After the police arrive they determine that Mike was using a toy pistol.Ahmad was legally justified in shooting Mike because he was acting in ________.

Under Texas law,an individual can successfully use the insanity defense only if:

Peter's mother thinks he is in college studying to be an engineer but he actually dropped out several semesters ago.Instead,Peter works as a busboy at a local restaurant.Paul,his roommate,tells Peter that unless each day he brings Paul food from the restaurant,Paul will tell Peter's mother that Peter is no longer in school.Fearful of his mother finding out about his circumstances,Peter agrees.Each evening Peter steals food from the restaurant and brings it to Paul.After about two weeks,Peter's boss discovers the thefts.He not only fires Peter but calls the police and files theft charges.If Peter goes to trial on the theft charges,the defense of duress:

Police officers execute a search warrant at 123 Elm Street.Soon after entering the home the officers discover that they should be searching 231 Elm Street; the search warrant contains the wrong address.Nonetheless,the officers are immune from prosecution for criminal trespass for their conduct at 123 Elm Street because of the:

Josh and his girlfriend Amy are severely intoxicated.They decide they need more whiskey.The two enter a liquor store.Josh approaches the store clerk and says,"This is a stick-up.Give me a bottle of whiskey." The clerk responds by drawing a gun and shooting Josh.As Josh falls to the floor he says,"Hey man.I was only joking." Josh survives the gunshot wound.The clerk tells police that he had been robbed a few months earlier by an intoxicated individual and believed Josh was actually a robber.The clerk's use of deadly force was lawful.

Warren exits a fancy restaurant after enjoying a hearty dinner.He gives his claim check to the parking attendant who returns in a few minutes with the automobile.Warren enters the car and drives off.About two miles down the road Warren realizes that the automobile is not his; the vehicle is of the same make and color as his car but lacks certain accessories.Warren has NOT committed auto theft because he has made a reasonable mistake of fact that negates the ________ element required of the law of theft.

Mona is attending a dance in a hotel ballroom.Because of an engineering mistake,the ceiling of the ballroom collapses,killing and injuring many of the patrons.Mona is unconscious and partially pinned under tons of rubble.She has also suffered various internal injuries.Unless Mona can be transported to the hospital for surgery,she will die.Responding medical personnel determine that the quickest way to free Mona is to sever her pinned arm.Without Mona's consent,a doctor amputates the arm.She is transported to the hospital where her life is saved.The doctor is unlikely to be prosecuted for aggravated assault in the severing of Mona's arm due to the justification defense of ________.

An undercover police officer joins a motorcycle gang to investigate their alleged criminal activities.The officer discovers that the gang is trafficking in illegal drugs and firearms.To avoid a later successful use of the entrapment defense by gang members,the undercover officer must receive written authority from a District Judge to continue investigating the gang.

The legal principle that ignorance of the law is no excuse applies only to felony cases; not knowing the existence of a statute is a legal defense in a misdemeanor case.