Justification Defenses and Due Process

What is duress?

• A defense that justifies the use of force in self-defense

• A defense that excuses the defendant's guilty intent

• A defense that allows the defendant to avoid criminal liability

• A defense that negates the mens rea necessary to commit a crime

What are the requirements for duress to qualify as a defense?

• The threat must be of serious bodily harm or death.

• The harm threatened must be greater than the harm caused by the crime.

• The threat must be immediate and inescapable.

• The defendant must have become involved in the situation through no fault of his or her own.

Under what circumstances can the use of force be justified as self-defense?

• When defending oneself from harm by another person

• When defending another person

• When defending one's dwelling or other property

• When preventing a crime

What is the difference between nondeadly and deadly force?

• Nondeadly force is likely to cause death or great bodily harm, while deadly force is unlikely to cause such harm.

• Nondeadly force is used to protect oneself, while deadly force is used to protect others.

• Nondeadly force is unlikely to cause death or great bodily harm, while deadly force is likely to cause such harm.

• Nondeadly force is used in self-defense, while deadly force is used in defense of property.

When can deadly force be used to defend a dwelling?

• When there is an unlawful entry

• When the person believes deadly force is necessary to prevent imminent death or great bodily harm

• When the person believes deadly force is necessary to prevent the commission of a felony in the dwelling

• All of the above

Which of the following procedural safeguards is provided by the Bill of Rights for the accused in the United States?

• Protection from trial by jury

• Prohibition against double jeopardy

• Protection from confronting witnesses

• Prohibition against arrest with probable cause

In the context of the Bill of Rights, which of the following cases violates the Fifth Amendment to the U.S. Constitution?

• Harry was beaten up and forced to confess to a crime.

• Rochelle was searched without a warrant.

• Simon was tried twice for the same crime.

• Melissa's trial was unnecessarily prolonged.

In the context of the provisions of the Fifth and Fourteenth Amendments to the U.S. Constitution, which of the following is a requirement of the due process clause?

• The government should specify conditions for the right to property.

• The guilty act and the guilty intent should be concurrent.

• Federal laws cannot prevail over state laws under any circumstances.

• The government cannot rely on individual judgment when making decisions.

_____ is the constitutional requirement that laws must be fair and reasonable in content and must further a legitimate governmental objective.

• Habeas corpus

• Corpus delicti

• Substantive due process

• Procedural due process

Unlike substantive due process, procedural due process requires that:

• certain methods be followed in administering and executing a law.

• unfair and arbitrary laws be declared unconstitutional.

• laws themselves be reasonable.

• laws be formulated to further a legitimate governmental objective.