Defenses in Criminal Law: Learn and Master the Key Concepts

Question 1

In order to successfully claim self-defense, the defendant must prove that they used:

Accepted Answer

Reasonable force

Answer

Only enough force to escape

Answer

The least amount of force possible

Answer

Deadly force

Question 2

Which of the following is not a factor that a court will consider when assessing whether a person was acting under duress?

Accepted Answer

The defendant's age

Answer

The nature of the threat

Answer

The defendant's mental capacity

Answer

The imminence of the threat

Question 3

Which of the following defenses is most likely to be successful in a UK court case where the defendant is accused of killing someone in order to prevent them from committing a terrorist attack?

Accepted Answer

Necessity

Answer

Self-defense

Answer

Duress

Answer

Insanity

Question 4

In the United Kingdom, which of the following is NOT a recognized defense against a murder charge?

Accepted Answer

Intoxication

Answer

Self-defense

Answer

Insanity

Answer

Duress

Question 5

In the context of the defense of duress, what is meant by the concept of 'immediacy of threat'?

Accepted Answer

The threat must be imminent and pressing at the time the crime was committed.

Answer

The threat does not need to be imminent.

Answer

The threat must be ongoing and continuous.

Question 6

Under the principle of reasonable belief of imminent harm in self-defense, when is deadly force permissible?

Accepted Answer

When there is a clear and present danger of imminent death or serious bodily harm.

Answer

When the defender is provoked into using force.

Answer

When the defender's use of force is disproportionate to the threat they were facing.

Answer

In all cases of self-defense, regardless of the severity of the threat.

Question 7

Which defense to a criminal charge focuses on the defendant's mental condition at the time of the alleged crime?

Accepted Answer

Insanity

Answer

Self-defense

Answer

Duress

Answer

Necessity

Question 8

When mounting a valid self-defense claim, the defendant must demonstrate:

Accepted Answer

The proportionate use of force in response to an immediate threat.

Answer

Initial aggression by the defendant.

Answer

Exhaustion of all alternatives to avoid the threat.

Question 9

Duress can serve as a defense when the defendant's actions were:

Accepted Answer

Compelled by an imminent threat of serious physical harm to themselves or another.

Answer

Done in retaliation for a previous wrongdoing.

Answer

Motivated by financial gain.

Question 10

The partial defense of provocation reduces a murder charge to manslaughter when:

Accepted Answer

The defendant's actions were a direct result of sudden and irresistible provocation.

Answer

The defendant was intoxicated at the time of the offense.

Answer

The defendant has a history of mental illness.

Question 11

Which of the following statements about the defense of necessity is accurate?

Accepted Answer

It is only available when no other reasonable options exist to prevent the threatened harm.

Answer

It applies even if the defendant's actions caused more harm than necessary.

Answer

It provides a complete defense to all criminal charges.

Question 12

Insanity as a defense:

Accepted Answer

Prevents criminal responsibility if the defendant lacked the mental capacity to understand their actions or distinguish right from wrong.

Answer

Requires the defendant to prove a diagnosis of mental illness at the time of the offense.

Question 13

The 'M'Naghten Rules' establish the test for:

Accepted Answer

Insanity

Answer

Necessity

Answer

Self-defense

Answer

Duress

Question 14

Which of the following is a partial defense to murder?

Accepted Answer

Provocation

Answer

Duress

Answer

Self-defense

Answer

Insanity

Question 15

Which of the following is an example of a factual mistake that may provide a defense?

Accepted Answer

Mistaking a fake gun for a real gun

Answer

Acting under duress

Answer

Being unaware of the law

Answer

Intending to cause harm

Question 16

The defense of intoxication:

Accepted Answer

Is only applicable to crimes requiring specific intent

Answer

Is a complete defense to all crimes

Answer

Requires the defendant to be completely intoxicated

Question 17

Which of the following is NOT considered a valid defence to murder in English law?

Accepted Answer

Mistake of age

Answer

Insanity

Answer

Self-defence

Question 18

In order to successfully establish a defence of self-defence, the defendant must demonstrate all of the following EXCEPT:

Accepted Answer

The force used was excessive or unreasonable.

Answer

The defendant reasonably believed their life or safety was in imminent danger.

Answer

The defendant had no reasonable means of escape.

Question 19

Which of the following may be considered as a valid defence to a charge of theft?

Accepted Answer

Necessity

Answer

Self-defence

Answer

Insanity

Answer

Mistake of law

Question 20

The defence of insanity is primarily based on the principle that:

Accepted Answer

An individual cannot be held criminally responsible for an act if they lacked the mental capacity to understand or control their actions at the time of the offence.

Answer

Defendants are presumed guilty until proven innocent.

Answer

Extreme emotional distress can justify criminal behaviour.

Question 21

Which of the following is an essential element of the defence of duress?

Accepted Answer

The defendant was subjected to a threat of imminent and serious harm, leaving them with no reasonable alternative but to commit the offence.

Answer

The defendant voluntarily chose to commit the offence.

Answer

The defendant had a pre-existing mental illness that influenced their behaviour.

Question 22

In a criminal case, the burden of proof lies with the:

Accepted Answer

Prosecution

Answer

Jury

Answer

Defendant

Answer

Judge

Question 23

The defence of intoxication is based on the principle that:

Accepted Answer

A person cannot be held criminally responsible for an act if they were so intoxicated that they lacked the mental capacity to understand or control their actions at the time of the offence.

Answer

Extreme emotional distress can justify criminal behaviour.

Answer

Defendants are presumed guilty until proven innocent.

Question 24

The defence of provocation is primarily based on the principle that:

Accepted Answer

A person may be found guilty of manslaughter rather than murder if they acted in response to extreme and sudden provocation.

Answer

A person cannot be held criminally responsible for an act if they were under duress.

Answer

A person is presumed innocent until proven guilty.