Question

QUESTION 1

1. 1.Mr. A is walking down a dark street; he hears footsteps behind him and sees Mr. B. walking in the same direction. Mr. A, who has been diagnosed as Schizophrenic hears a voice telling him to kill Mr. B. believing that Mr. B intends to harm him, and not knowing right from wrong he pulls out a gun and kills Mr. B. who had done nothing to Mr. A. Mr. A’s defense may claim:

   		Insanity
   		Necessity
   		Justification

4 points   

QUESTION 2

1. 2. Mr. A beats his 5 year old daughter. His wife stands by and does nothing while he is beating the little girl. His wife may be charged with:

   		Obstruction of justice
   		Quid Pro Quo
   		being an accomplice

4 points   

QUESTION 3

1. 3. Ms. B who is pregnant goes to the hospital to have a minor procedure done under anesthetic. During the procedure, the doctor notices a tumor, which will kill Ms. B immediately. In order to save her life, he removes the tumor, but in doing so he has to kill the fetus. If the doctor is charged with murder, he can use the following defense:

   		Choice of Evils
   		Duress
   		Justification

4 points   

QUESTION 4

1. 4. Ms. B is married to a very violent man who beats her and her children, causing her terrible, terrible injuries, and Bi-Polar disorder which is a mental illness triggering amongst other things, inability to think clearly. After one such violent incident, and while her husband is asleep on the couch, Ms. B finds his gun and kills him. The defense (or Excuse) she can use which has the best chance of being successful is:

   		Battered Wife Defense
   		Insanity
   		Duress

4 points   

QUESTION 5

1. 5. Ms. B goes into a bodega in order to rob it. She pulls out her gun and says “hands up give me all your money in big bills” to the clerk. Just then, she sees a police car pull up outside. She puts the gun back in her pocketbook and says to the clerk: “just kidding”. Ms. B has:

   		Attempted a Robbery
   		Abandoned her crime
   		Played a stupid April Fools joke.

4 points   

QUESTION 6

1. 6. Mr. Jones goes into a bodega to buy a package of chewing gum. Since he is coming right out, he leaves the engine running in his car with the doors unlocked. Mr. C jumps into the car and steals it. He then uses the car to ram through the window of the jewelry store and steals jewelry.  If they try to charge Mr. Jones,  he might be charged:

   		As an Accomplice under Vicarious Liability
   		As an Accessory after the fact
   		Neither

4 points   

QUESTION 7

1. 7. Little Annie, who is 6 years old, and lives in NY, goes into a candy store and steals some candy. If the Police arrest Annie and charge her with theft, Annie may use one of the following as a complete defense:

   		Insanity
   		Age
   		Intoxication

4 points   

QUESTION 8

1. Ms. B, a teacher at John Jay College who has never done anything illegal in her life, but who desperately needs money for her daughter's brain transfer, is approached by an undercover detective who, knowing she needs money, tells her how much she can make if she just delivers one little package of heroin to C, who, unbeknownst to her is in reality, another undercover cop. He begs and begs and pleads with her to do it, telling her over and over again how she can use the money to help her poor sick daughter. Ms. B finally agrees to do it. If she is arrested, Ms. B can use the following defense:

   		Necessity
   		Choice of Evils
   		Entrapment

4 points   

QUESTION 9

1. 9. If a cop attempts to arrest you unlawfully you may:

   		Do what is necessary to keep from being arrested even using deadly force
   		Attempt to get help from a passing stranger under the American Bystander Law
   		Neither and sue in a civil suit

4 points   

QUESTION 10

1. If you are attacked and wish to defend yourself-and you have a legal firearm, the general rule today followed by most States is:

   		Retreat if it is safe to do so
   		Stand your ground and fight back
   		Scream and yell for help

4 points   

QUESTION 11

1. If someone enters your home with a weapon and you are in fear for your life, the general rule today followed by most States is:

   		Retreat if it is safe to do so
   		Stand your ground and fight back
   		Scream and yell for help

4 points   

QUESTION 12

1. If you see a total stranger being unjustly attacked by someone you know is not a cop, you may:

   		Try not to get involved
   		help him/her using the rules of self-defense
   		offer the attacker money to back off

4 points   

QUESTION 13

1. In order to justify a defense of self-defense, you must have a belief that you are in danger.  The belief you have must be:

   		Subjective (Honest)
   		Objective (Reasonable)
   		Both

4 points   

QUESTION 14

1. Where someone is threatening you with a gun and you run away, if you come back in three hours with your own gun and shoot the aggressor, if you are charged, you may use:

   		Self-Defense as an affirmative defense
   		Alibi as an affirmative defense
   		Neither

4 points   

QUESTION 15

1. In a case where duress is used against you and you are forced to commit a crime,

   Because it belongs to the person committing the Duress,... :

   		You do not have your own Actus Reus
   		You do not have your own Mens Rea
   		You have neither your own Actus Reus nor Mens Rea

4 points   

QUESTION 16

1. Where the defendant raises the defense of consent, to a charge of rape, the

   Amount of proof needed by the defense to prove his/her innocence is:

   		Beyond a Reasonable Doubt
   		Clear and Convincing Evidence
   		Preponderance of the evidence

4 points   

QUESTION 17

1. In a statutory rape case the Mens Rea of the rapist must be proven:

   		Beyond a  Reasonable Doubt
   		Preponderance of the Evidence
   		Neither

4 points   

QUESTION 18

1. .     Mr. A hates Mr. B. Mr. A sneaks over to Mr. B’s house to kill him. Mr. A sees Mr. B sleeping in a chair. He carefully opens the window tiptoes into the room where Mr. B is sleeping and stabs Mr. B 50 times and to be sure slits his throat (he really hates him!!). Unbeknownst to Mr. A Mr. B had died in his sleep while sitting in the chair before he arrived at his house. Mr. A’s Mens Rea to kill Mr.B has turned out to be:

   		Legally Impossible
   		Factually Impossible
   		Neither

4 points   

QUESTION 19

1. .      If you create unreasonable risk when driving your car, you are driving:

   		Negligently,
   		Recklessly
   		Clamly

4 points   

QUESTION 20

1. Negligence is “an accident”. Negligence, therefore, is:

   		Subjective
   		Objective
   		Both

4 points   

QUESTION 21

1. Under the NYS Penal Law, it is NO DEFENSE to someone accused of being an accomplice, that the principal party went to trial and was acquitted of the same crime.

   True

   False

4 points   

QUESTION 22

1. The NYS Penal Law provides that one may use duress as a defense, even where that person wants to use the defense, recklessly or negligently places him/herself in a situation in which it is probable that he/she will be subjected to duress.

   True

   False

4 points   

QUESTION 23

1. NYS Penal Law provides that even though the "Battered Wife" defense requires imminent danger the judge may inquire into the totality of circumstances before reaching a decision as to the

   validity of the defense.

   True

   False

4 points   

QUESTION 24

1. The NYS Penal Law provides that proof of a victim's race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation standing alone is enough to result in a conviction against a perpetrator for a hate crime.

   True

   False

4 points   

QUESTION 25

1. A person is guilty of an attempt to commit a crime when, with intent to commit a crime he/she engages in conduct which tends to try to get the crime committed.

   True

   False

Answer 1

1. (A This is the classic case of an Insanity defense. This type of defense can be seen when convict agrees for the crime done but skees not guilty verdicts based on his state of mind.

2. (C) Being an accomplice is someone intentionally or internally involved in the crime committed by others. An accomplice is a notoriously infamous witness.

3.(a) Choice of Evil

This is the defense to protect someone from the responsibility when the defendant commits a crime to avoid greater, imminent harm. In the case, defendant gets margin only if he act to control the greater harm.