Question 1

At times, a ____ of fact can serve as a defense to criminal liability.

Accepted Answer

The answer of At times, a ____ of fact can...

Question 2

If the defendant has a reasonable alternative, and harm is not imminent, the defendant may:

Accepted Answer

A)  not utilize the necessity defense.
B)  utilize the necessity defense.
C)  utilize the necessity defense only to take the life of another.
D)  utilize the necessity defense in misdemeanor, not felony cases.E) A) and B)
F) A) and C)

Question 3

A statute that sets the maximum time the government has to prosecute a violation of a criminal law is called the  ____.

Accepted Answer

statute of...

Question 4

Under ____ immunity, statements made by the witness may not be used in subsequent prosecutions.

Accepted Answer

A)  transactional
B)  use
C)  diplomatic
D)  legislativeE) B) and D)
F) B) and C)

Question 5

A defense of mistake of fact will be disallowed under:

Accepted Answer

A)  strict liability.
B)  an alibi defense.
C)  joint severability.
D)  ignorance of law defense.E) B) and D)
F) A) and D)

Question 6

The general rule is that ignorance of the law is:

Accepted Answer

A)  not a defense.
B)  a defense only to crimes of violence.
C)  is a defense.
D)  is a defense only in capital cases.E) C) and D)
F) A) and B)

Question 7

In all criminal cases, the requirement that the government prove the crime was committed and the defendant was a party to the crime is called:

Accepted Answer

A)  corpus delicti .
B)  affirmative defense.
C)  entrapment.
D)  burden of proof.E) None of the above
F) B) and C)

Question 8

The "separate offense" rule states that where the same acts or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision:

Accepted Answer

A)  requires proof of an additional fact which the other does not.
B)  occurred in the same location.
C)  occurred at the same time.
D)  was a felony or misdemeanor.E) C) and D)
F) All of the above

Question 9

Explain how the defense of duress differs from a necessity defense. Give an example of each.

Accepted Answer

The defense of duress and the necessity ...

Question 10

Johnny has been drinking heavily for several hours, celebrating his 21st birthday, and then robs a liquor store. During the robbery, Johnny accidentally shoots and kills the store owner. At his trial, Johnny claims that he was compelled to commit the robbery by Bill and John, who threatened to assault Johnny's sister if Johnny didn't bring them illegal booze.

Accepted Answer

A)  On the other hand, the burden of proof for an affirmative defense rests with:
B)  Mary.
C)  the prosecution.
D)  the judge.
E)  the police.F) A) and B)
G) A) and C)

Question 11

Johnny has been drinking heavily for several hours, celebrating his 21st birthday, and then robs a liquor store. During the robbery, Johnny accidentally shoots and kills the store owner. At his trial, Johnny claims that he was compelled to commit the robbery by Bill and John, who threatened to assault Johnny's sister if Johnny didn't bring them illegal booze.

Accepted Answer

A)  Given the circumstances, in most states, Johnny would not be acquitted of:
B)  murder.
C)  robbery.
D)  public drunkenness.
E)  underage drinking.F) A) and B)
G) A) and C)

Question 12

The elements of the defense of entrapment are:

Accepted Answer

A)  improper government inducement of the crime and lack of predisposition on the part of the defendant to engage in the criminal conduct.
B)  improper inducement of the crime and lack of predisposition on the part of the defendant to engage in the criminal conduct.
C)  improper government inducement of the crime and predisposition on the part of the defendant to engage in the criminal conduct.
D)  All of these choices.E) All of the above
F) None of the above

Question 13

​ In most states, duress is not a defense to:

Accepted Answer

A)  murder.
B)  treason.
C)  any crime.
D)  any property crime.E) C) and D)
F) B) and D)

Question 14

The ________ test is used to determine when a speedy trial violation has occurred.

Accepted Answer

A)  four-factor balancing
B)  five-factor balancing
C)  six-factor balancing
D)  seven-factor balancingE) A) and D)
F) B) and C)

Question 15

Describe three situations in which a second trial for the same offense would not violate a defendant's right against double jeopardy.

Accepted Answer

1. Mistrial: If the first trial ended in...

Question 16

Under _____ immunity the witness enjoys immunity from criminal prosecution related to the subject matter.

Accepted Answer

The answer of Under _____ immunity the witness enjoys immunity...

Question 17

A ______ sets the maximum time the government has to prosecute a violation of a criminal law.

Accepted Answer

A)  statute of limitations
B)  statute of expirations
C)  statute of elimination
D)  statute of finitenessE) A) and B)
F) A) and C)

Question 18

______ is a defense to criminal prosecution on the grounds that the defendant was forced to commit the criminal act.

Accepted Answer

A)  Duress
B)  Coercion
C)  Compulsion
D)  NecessityE) A) and B)
F) A) and C)

Question 19

In a bench or court trial, jeopardy attaches once the:

Accepted Answer

A)  first witness is sworn in.
B)  prosecution rests its case-in-chief.
C)  judge reaches a verdict.
D)  judge imposes a sentence.E) B) and D)
F) A) and B)

Question 20

The right against double jeopardy is found in the __________ Amendment.

Accepted Answer

The answer of The right against double jeopardy is found...

Exam 7: Other Criminal Defenses

The general rule is that ignorance of the law is:

Correct Answer
verified

The ________ test is used to determine when a speedy trial violation has occurred.

Correct Answer
verified

In most states, duress is not a defense to:

Correct Answer
verified

A ______ sets the maximum time the government has to prosecute a violation of a criminal law.

Correct Answer
verified

Under _____ immunity the witness enjoys immunity from criminal prosecution related to the subject matter.

Correct Answer
verified

______ is a defense to criminal prosecution on the grounds that the defendant was forced to commit the criminal act.

Correct Answer
verified

Under ____ immunity, statements made by the witness may not be used in subsequent prosecutions.

Correct Answer
verified

A statute that sets the maximum time the government has to prosecute a violation of a criminal law is called the ____.

Correct Answer
verified
statute of...
View Answer

In all criminal cases, the requirement that the government prove the crime was committed and the defendant was a party to the crime is called:

Correct Answer
verified

The "separate offense" rule states that where the same acts or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision:

Correct Answer
verified

The elements of the defense of entrapment are:

Correct Answer
verified

At times, a ____ of fact can serve as a defense to criminal liability.

Correct Answer
verified

Explain how the defense of duress differs from a necessity defense. Give an example of each.

Correct Answer
Answered by ExamLex AI
The defense of duress and the necessity ...
View Answer

Correct Answer
verified

Describe three situations in which a second trial for the same offense would not violate a defendant's right against double jeopardy.

Correct Answer
Answered by ExamLex AI
1. Mistrial: If the first trial ended in...
View Answer

Correct Answer
verified

If the defendant has a reasonable alternative, and harm is not imminent, the defendant may:

Correct Answer
verified

The right against double jeopardy is found in the __________ Amendment.

Correct Answer
verified

In a bench or court trial, jeopardy attaches once the:

Correct Answer
verified

A defense of mistake of fact will be disallowed under:

Correct Answer
verified

Exam 7: Other Criminal Defenses

The general rule is that ignorance of the law is:

Correct AnswerverifiedShow Answer

The ________ test is used to determine when a speedy trial violation has occurred.

Correct AnswerverifiedShow Answer

​ In most states, duress is not a defense to:

Correct AnswerverifiedShow Answer

A ______ sets the maximum time the government has to prosecute a violation of a criminal law.

Correct AnswerverifiedShow Answer

Under _____ immunity the witness enjoys immunity from criminal prosecution related to the subject matter.

Correct AnswerverifiedShow Answer

______ is a defense to criminal prosecution on the grounds that the defendant was forced to commit the criminal act.

Correct AnswerverifiedShow Answer

Under ____ immunity, statements made by the witness may not be used in subsequent prosecutions.

Correct AnswerverifiedShow Answer

A statute that sets the maximum time the government has to prosecute a violation of a criminal law is called the ____.

Correct Answerverifiedstatute of...View AnswerShow Answer

In all criminal cases, the requirement that the government prove the crime was committed and the defendant was a party to the crime is called:

Correct AnswerverifiedShow Answer

The "separate offense" rule states that where the same acts or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision:

Correct AnswerverifiedShow Answer

The elements of the defense of entrapment are:

Correct AnswerverifiedShow Answer

At times, a ____ of fact can serve as a defense to criminal liability.

Correct AnswerverifiedShow Answer

Explain how the defense of duress differs from a necessity defense. Give an example of each.

Correct AnswerAnswered by ExamLex AIThe defense of duress and the necessity ...View AnswerShow Answer

Correct AnswerverifiedShow Answer

Describe three situations in which a second trial for the same offense would not violate a defendant's right against double jeopardy.

Correct AnswerAnswered by ExamLex AI1. Mistrial: If the first trial ended in...View AnswerShow Answer

Correct AnswerverifiedShow Answer

If the defendant has a reasonable alternative, and harm is not imminent, the defendant may:

Correct AnswerverifiedShow Answer

The right against double jeopardy is found in the __________ Amendment.

Correct AnswerverifiedShow Answer

In a bench or court trial, jeopardy attaches once the:

Correct AnswerverifiedShow Answer

A defense of mistake of fact will be disallowed under:

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

In most states, duress is not a defense to:

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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statute of...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
verified

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
The defense of duress and the necessity ...
View Answer

Correct Answer
verified

Correct Answer
Answered by ExamLex AI
1. Mistrial: If the first trial ended in...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified