Exam 15: General Defenses and Justification

Gloria is coming home from work late one night.Raul steps out of the shadows and grabs her.He throws Gloria to the ground and begins tearing her clothing.In response,Gloria screams loudly and then kicks Raul in the groin.The kick causes Raul to scream and curl up on the ground.A passing jogger hears the commotion and comes to assist Gloria.He uses his cellphone to call the police.A police officer arrives at the scene and arrests Raul.At the jail,Raul complains to the officer that Gloria kicked him in the groin.The police officer could correctly reply to Raul that Gloria's kick was legally justified under the law of:

A criminal defendant is entitled to a not guilty verdict if she establishes in court that her conduct was legally excused or ________.

Nate observes James breaking into Nate's automobile.Nate,a handgun licensee,draws his pistol and fires one shot at James.The shot misses but James immediately ceases his burglary attempt.Nate's use of the handgun in this instance constitutes the use of ________ force.

Conduct that is legally justified or excused results in a complete acquittal to a criminal charge.

Ben,an individual with an I.Q.of 85,enjoys setting fires.During the course of his life he has set nearly 100 fires to houses and other structures.He realizes that setting the fires is dangerous and illegal but he loves to see the blazes.One night Ben sets fire to a small hotel.A hidden security camera records the act.Three people die before firefighters can extinguish the blaze.Using the video from the security camera,law enforcement officers are able to identify Ben as the arsonist.He is arrested and charged with capital murder.At Ben's trial he invokes the insanity defense.Which of the following is the likely outcome of Ben's trial?

Raul steals a new Italian sports car.He takes his girlfriend Juanita for a ride.As he speeds down the highway,he attracts the attention of a highway patrol officer.The officer gives chase and succeeds in stopping Raul where it is discovered that the car is stolen.Raul is arrested.However,at the jail it is determined that Raul is only 14 years old.Raul cannot be prosecuted in the adult justice system for unauthorized use of a vehicle due to his age.

When an accused seeks to be found not guilty due to a legal excuse,he is required to bring forth evidence of that excuse.When the law requires that the accused establish the defense by the preponderance of the evidence,this is known as an ________ defense.

The Texas defense of entrapment focuses primarily on the actions of law enforcement personnel during the incident in question.

David,a deputy sheriff,arrests Jake based on an outstanding arrest warrant asserting that Jake burglarized a local pharmacy.Weeks later a judge rules that the arrest warrant was invalid because he was not dated and signed properly.Although the arrest was unlawful,David will not faces charges of unlawful restraint because he has available the public duty defense.

In Texas,under normal circumstances,individuals will not be prosecuted in the adult justice system unless they were at least ________ years of age at the time of the criminal act.

Late one night Brett hears a car alarm sounding outside his home.He peers out the window and sees two young men attempting to break into his pick-up truck.He grabs his shotgun and steps outside.Brett shouts at the two individuals.They immediately turn and run away.Brett decides to fire the shotgun over their heads as a warning.Unfortunately,one of the shotgun pellets strikes Freddie,who is only 16 years old.Freddie suffers permanent brain damage.A police investigation determines that the two would-be thieves never gained entry to the truck's cab.Under these facts,Brett was legally justified in using deadly force against Freddie.

Ignorance of the existence of a criminal statute is no defense to the charge of violating that statute.

Daniel,who has a history of mental illness,believes that his neighbors are space aliens who are seeking to kidnap him and take him to their home planet to serve as a subject of experiments.When his neighbor Bill appears at Daniel's front door to invite him to a neighborhood gathering,Daniel shoots at Bill with a pistol while shouting,"Take that you green-eyed hairy alien!" The shots miss.Police subsequently arrest Daniel and he is tried for attempted murder.If Daniel is found not guilty by reason of insanity,he cannot be tried again for the crime even if his mental health issues are later resolved.

The defense of ________ arises in a felony case when an individual is compelled to engage in the criminal conduct by another's threat of imminent serious bodily injury or death.

Under Texas law,the sentence for an intentional killing is 5 to 99 years or life (felony of the first degree).However,if the defendant can convince the jury that the killing was the result of sudden passion arising from adequate cause,the jury can use the sentencing range of a felony of the second degree.This is an example of the principle of mitigation.

Jack coerces Jill in helping him burglarize the business where Jill works.Jack tells Jill that unless she leaves the backdoor to the business unlocked on Friday night,Jack will tell Jill's boss that she once worked as a prostitute.Fearing that the boss would fire her if he knew about Jill's former occupation,Jill agrees to assist Jack and does indeed leave the door unlocked.If Jill were prosecuted for assisting Jack with the burglary,she could successfully use the defense of duress.

A citizen transporting a seriously injured person to a hospital is not subject to prosecution for violation of various traffic laws because of the defense of ________.

Will and Frank get into an argument.As the argument escalates,Frank grabs Will around the neck and starts choking him.Will attempts to strike Frank with his fist but the blow misses.Frank releases his chokehold,draws a knife,and takes a swipe at Will.Frank's blade also misses Will.Will responds by kicking Frank in the ribs.Of the two combatants,only ________ has used deadly force.

A property owner is justified in using force to eject trespassers from his property.

In order to successfully use the insanity defense,a criminal defendant must prove that she suffers from a severe mental disease or defect.