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Question 1
Mike and Evander are two twenty-year-old friends who take boxing lessons at the local gym. Both of them are pretty good fighters and they decide to test their skills on each other one day. Lennox, another friend of theirs, agrees to referee the fight. Mike and Evander begin the fight and, from the beginning, Mike has the upper hand. By the seventh round, he has clearly beaten Evander. Finally, Evander collapses. Angry that Mike has beaten him, Evander calls the police and claims that Mike beat him up. Mike is arrested and charged with assault. If Mike raises a consent defense to try and avoid a conviction, he will succeed:
Correct Consent can be raised for certain assaults and batteries. In these cases, the courts will recognize consent as a defense if the criminal act did not involve serious bodily injury or the threat of serious bodily injury there is widespread acceptance of the risk as in a sporting event and there is a beneficial effect resulting from the defendant's conduct. Here, no serious bodily harm was inflicted, there was acceptance of the risk, and Mike and Evander used the event to hone their boxing skills. That being the case, Mike can use the consent defense to avoid a conviction and TRUE is the correct answer.
Incorrect! Consent can be raised for certain assaults and batteries. In these cases, the courts will recognize consent as a defense if the criminal act did not involve serious bodily injury or the threat of serious bodily injury there is widespread acceptance of the risk as in a sporting event and there is a beneficial effect resulting from the defendant's conduct. Here, no serious bodily harm was inflicted, there was acceptance of the risk, and Mike and Evander used the event to hone their boxing skills. That being the case, Mike can use the consent defense to avoid a conviction and TRUE is the correct answer.
Correct
Incorrect!
Question 2
Mike, who is eighteen, and Evander, who is seventeen, are friends who take boxing lessons at the local gym. Both of them are pretty good fighters and they decide to test their skills on each other one day. Lennox, another friend of theirs, agrees to referee the fight. Mike and Evander begin the fight and, from the beginning, Mike has the upper hand. By the seventh round, he has clearly beaten Evander. Finally, Evander collapses. Angry that Mike has beaten him, Evander calls the police and claims that Mike beat him up. Mike is arrested and charged with assault. If Mike raises a consent defense to try and avoid a conviction, he will succeed:
Correct
Incorrect!
Correct Even where consent can be used as a defense, the particular consent that the victim gave can only be used as a defense if the consent was legally effective. In order for the consent to be legally effective three requirements must be met. First, the consent must have been given voluntarily. Second, the consent must have been given by a person legally capable of consenting. Third, consent cannot be given either by fraud or by mistake. Consent that is given by fraud or mistake is legally ineffective. In this case, Evander gave consent to the fight voluntarily and his consent was not induced by fraud. However, Because Evander is only seventeen years old, he is not legally capable of giving consent. Therefore, his consent is not legally effective. That being the case, Mike cannot raise a consent defense to avoid a conviction and FALSE is the correct answer.
Incorrect! Even where consent can be used as a defense, the particular consent that the victim gave can only be used as a defense if the consent was legally effective. In order for the consent to be legally effective three requirements must be met. First, the consent must have been given voluntarily. Second, the consent must have been given by a person legally capable of consenting. Third, consent cannot be given either by fraud or by mistake. Consent that is given by fraud or mistake is legally ineffective. In this case, Evander gave consent to the fight voluntarily and his consent was not induced by fraud. However, Because Evander is only seventeen years old, he is not legally capable of giving consent. Therefore, his consent is not legally effective. That being the case, Mike cannot raise a consent defense to avoid a conviction and FALSE is the correct answer.