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Exam 9: Excuses

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Question 1

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All of the following are explanations for duress EXCEPT ______.

A) the law cannot expect people to act in a heroic fashion and resist threats of death or serious bodily harm
B) the defendant may only utilize the excuse after threats of death have been made
C) an individual who commits a crime in response to a server threat lacks a criminal intent
D) individuals who commit crimes under duress act in an involuntary rather than a voluntary fashion

E) A) and C)
F) None of the above

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Question 2

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The requirement that the defendant did not know the nature and quality of the act is simpler to satisfy than the rest of the requirements.

A) True
B) False

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Question 3

Multiple Choice

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The contemporary trend is that ______ is not a defense for any criminal act or requisite state of mind.

What factor may not be looked to in order to overcome the presumption of incapacity in juvenile offenders?

The ______ defense excuses an individual from guilt who commits a crime to avoid a threat of imminent bodily harm.

The American Law Institute Substantial Capacity Test broadens the legal test for insanity in order to decrease the number of defendants who may be judged to be legally insane.

Critics contend that the insanity defense undermines the proper functioning of the criminal justice system.

Which of the following is NOT a type of a new sociological defense?

When are the common law presumptions of infancy applicable to proceedings in juvenile court?

What are the four ways in which involuntary intoxication can occur?

______ is a defense to any and all criminal offenses in those instances that a defendant's state of mind satisfies the standard for the insanity defense in the state.

To use the ______ defense, individuals were categorized on the basis of their actual age rather than their mental age at the time of the offense.

What are the four tests for insanity?

List and discuss four new biological defenses. Provide an example for each.

Jeremiah strangled and chopped up his neighbor. He committed this vicious act because he claimed that he believed his neighbor to be the devil and he had to prove that the devil would not bleed. What are the four tests for insanity? Define each test using the above example to illustrate how each test is administered. Under which test would Jeremiah be considered legally insane? Why?

The general trend in the law is to do what with regard to excuses?

For the defense of duress, there must be a threat of death or serious bodily harm that causes an individual to commit a crime.

List and discuss five new sociological defenses. Provide an example of each.

Insanity is not distinct from competence to stand trial.

According to the irresistible impulse test, a defendant may be found legally insane even if he or she is able to tell right from wrong.