Criminal Defenses: Master the Essentials for LLM Success

Question 1

The M'Naghten Rules provide the test for establishing what defense?

Accepted Answer

Insanity

Answer

Intoxication

Answer

Self-defense

Answer

Duress

Question 2

Which of the following is NOT a consequence of a successful insanity defense?

Accepted Answer

The defendant can be released without any restrictions.

Answer

The defendant is acquitted of the crime.

Answer

The defendant may be placed in a mental institution.

Answer

The defendant may be detained indefinitely.

Question 3

Which of the following defenses is most likely to be successful in a case involving an involuntary act?

Accepted Answer

Automatism

Answer

Insanity

Answer

Intoxication

Answer

Duress

Question 4

The burden of proof for establishing a defense to criminal liability generally lies with the:

Accepted Answer

Defense

Answer

Prosecution

Answer

Judge

Answer

Jury

Question 5

Which element is crucial in establishing the insanity defense under the M'Naghten Rule?

Accepted Answer

At the time of the offense, the accused lacked awareness of their actions' nature and wrongfulness.

Answer

At the time of the offense, the accused suffered from a severe mental illness.

Answer

At the time of the offense, the accused was intoxicated by substances.

Answer

At the time of the offense, the accused was provoked by the victim.

Question 6

In England and Wales, which of the following is NOT a recognized defense to murder??

Accepted Answer

Duress of circumstances

Answer

Insanity

Answer

Self-defense

Answer

Diminished responsibility

Question 7

In the context of self-defense, what does the 'proportionality test' assess?

Accepted Answer

Whether the force used was reasonable and necessary to protect oneself.

Answer

Whether the defendant's belief in the need for self-defense was genuine.

Answer

Whether the defendant provoked the attack.

Answer

Whether the defendant had time to retreat before using force.

Question 8

Which of the following factors is NOT considered in determining whether a defendant was insane at the time of the offense?

Accepted Answer

Age

Answer

Mental illness

Answer

Ability to understand the nature and quality of one's actions

Answer

Intoxication

Question 9

Duress is a defense that may be available when:

Accepted Answer

A person is threatened with imminent death or serious bodily harm if they do not commit the offense.

Answer

A person is acting under the orders of a superior.

Answer

A person is coerced into committing the offense by a third party.

Answer

A person is under the influence of alcohol or drugs.

Question 10

It is true about the defense of mistake that:

Accepted Answer

It is only available if the mistake is reasonable.

Answer

It is a complete defense to all crimes.

Answer

It is only available if the mistake is about the law.

Answer

It is never available as a defense to murder.

Question 11

Entrapment is a defense that may be available when:

Accepted Answer

The police induce the defendant to commit an offense that they would not otherwise have committed.

Answer

The defendant is under the influence of alcohol or drugs.

Answer

The defendant is acting under the orders of a superior.

Answer

The defendant is threatened with imminent death or serious bodily harm if they do not commit the offense.

Question 12

Which of the following is NOT a factor that may be considered in determining whether a defendant is entitled to the defense of necessity?

Accepted Answer

The defendant's previous criminal record.

Answer

The imminent threat to life or limb.

Answer

The lack of any reasonable alternative course of action.

Answer

The proportionality of the harm caused to the defendant and the harm prevented.

Question 13

Consensual intoxication is a defense that may be available when:

Accepted Answer

The defendant is intoxicated to the point of being unable to form the necessary intent for the offense.

Answer

The defendant voluntarily consumes alcohol or drugs.

Answer

The defendant's intoxication was caused by the actions of another person.

Answer

The defendant's intoxication was the result of a medical condition.

Question 14

In criminal cases, the burden of proof for establishing a defense typically rests with:

Accepted Answer

The defendant

Answer

The prosecution

Answer

The judge

Answer

The jury

Question 15

Distinguish between justification and excuse defenses, providing specific examples of each.

Accepted Answer

Justification defenses eliminate the criminality of the act, while excuse defenses eliminate the culpability of the actor. For instance, self-defense is a justification defense as it asserts the act was justified, whereas insanity is an excuse defense as it negates the actor's culpability due to diminished mental capacity.

Answer

Excuse defenses are solely applicable in cases of mental illness.

Answer

Justification defenses are invariably successful if proven.

Answer

Excuse defenses are never applicable in cases involving murder.

Question 16

Which of the following is a complete defense to a criminal charge, meaning the defendant will not be held criminally liable for their actions?

Accepted Answer

Insanity

Answer

Mitigation

Answer

Intoxication

Answer

Provocation

Question 17

Which of the following is an essential element of the defense of self-defense in most jurisdictions?

Accepted Answer

The defendant reasonably believed that the use of force was necessary to prevent imminent harm to themselves or others

Answer

The harm inflicted by the defendant was proportionate to the threat

Answer

The defendant had no reasonable way to retreat

Question 18

Which of the following is a statutory defense to murder specifically introduced in the United Kingdom?

Accepted Answer

Loss of control

Answer

Self-defense

Answer

Insanity

Answer

Diminished responsibility

Question 19

Which of the following is a potential defense to a charge of theft, based on the defendant's mistaken belief?

Accepted Answer

Mistake of fact

Answer

Necessity

Answer

Entrapment

Answer

Provocation

Question 20

Which of the following is a defense to offenses against property?

Accepted Answer

Necessity

Answer

Duress

Answer

Insanity

Answer

Self-defense

Question 21

Which of the following is NOT a potential consequence of successfully raising a defense to criminal liability?

Accepted Answer

Imprisonment

Answer

Community service

Answer

Conditional discharge

Answer

Acquittal

Question 22

A defendant claims they acted under duress to commit a crime. To negate this defense, the prosecution must prove which of the following?

Accepted Answer

The defendant had a reasonable opportunity to escape the threat.

Answer

The defendant's actions were not the only way to avoid the threat.

Answer

The threat was not serious enough to justify the crime.

Question 23

Which of the following is NOT a recognized defense to a criminal charge in English law?

Accepted Answer

Temporary insanity due to voluntary intoxication.

Answer

Insanity.

Answer

Self-defense.

Answer

Duress.

Question 24

A defendant, while suffering from a mental illness, commits a crime.  What is the legal test used in English law to determine if they are legally insane?

Accepted Answer

The M'Naghten Rules.

Answer

The Durham Rule.

Answer

The Irresistible Impulse Test.

Question 25

A defendant argues they committed a crime under duress. The prosecution argues that the threat was not sufficiently serious.  Which case established the standard for determining the severity of the threat?

Accepted Answer

R v Hasan (2005).

Answer

R v Graham (1982).

Answer

R v Howe (1987).

Answer

R v  M'Naghten (1843).

Question 26

What is the principle of 'automatism' in criminal law?

Accepted Answer

An act performed by a person who is not conscious of what they are doing.

Answer

An act done with a lack of intent to cause harm.

Answer

An act done involuntarily due to external force.

Question 27

A defendant claims they were involuntarily intoxicated and, as a result, committed a crime.  What is a key factor in determining if this defense will succeed?

Accepted Answer

Whether the defendant knew, or ought to have known, the effects of the substance they consumed.

Answer

Whether the defendant consumed the substance with the intent to commit a crime.

Answer

Whether the defendant had a history of substance abuse.

Question 28

Which of the following scenarios would MOST likely be considered a valid defense of necessity?

Accepted Answer

A doctor breaks into a pharmacy to steal medicine for a dying patient.

Answer

A driver speeds through a red light to avoid a traffic ticket.

Answer

A homeowner shoots a burglar to protect their property.

Question 29

What is the main difference between the defenses of duress and necessity?

Accepted Answer

Duress arises from a threat by a person, while necessity arises from a threat of circumstances.

Answer

Duress is a complete defense, while necessity is a partial defense.

Answer

Duress requires an imminent threat, while necessity does not.

Question 30

When a defendant raises a defense to a criminal charge, what is the burden of proof they must meet?

Accepted Answer

The defendant must raise sufficient evidence to create a reasonable doubt about their guilt.

Answer

The defendant must prove their innocence beyond a reasonable doubt.

Answer

The prosecution must disprove the defense beyond a reasonable doubt.