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Question 1
Christopher lives in a town that sits right on the edge of the Hundred Acre Woods. At the end of a hot and dry summer some brush in the woods catches fire and a forest fire quickly develops and spreads. The fire is heading toward the town and Christopher believes that if he burns the row of houses directly on the edge of the forest he will create a fire wall which will then protect the rest of the town. Christopher then proceeds to burn the ten houses that sit right on the edge of the woods. Christopher is arrested and charged with ten counts of arson. At the trial, the prosecution shows that the forest fire was about twenty miles away from the town when Christopher burned the ten houses. The prosecution then calls the fire chief who testifies that it would have taken two more days before the fire reached the town. If Christopher tries to raise a necessity defense to avoid a conviction, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct The defense of necessity is available where the defendant acted under the reasonable belief that committing his offense would prevent a greater evil or harm from occurring. There are, however, several requirements that must be met in order for the defendant to use necessity as a defense, one of which is that the threatened harm that the defendant is trying to prevent with his actions must be imminent. In this case, the threatened harm that Christopher was trying to protect against was not imminent. That being the case, he will not be able to use necessity as a defense and D is the correct answer.
Incorrect! The defense of necessity is available where the defendant acted under the reasonable belief that committing his offense would prevent a greater evil or harm from occurring. There are, however, several requirements that must be met in order for the defendant to use necessity as a defense, one of which is that the threatened harm that the defendant is trying to prevent with his actions must be imminent. In this case, the threatened harm that Christopher was trying to protect against was not imminent. That being the case, he will not be able to use necessity as a defense and D is the correct answer.
Question 2
Christopher lives in a town that sits right on the edge of the Hundred Acre Woods. At the end of a hot and dry summer some brush in the woods catches fire and a forest fire quickly develops and spreads. The fire is heading toward the town and Christopher believes that if he burns the row of houses directly on the edge of the forest he will create a fire wall which will then protect the rest of the town. Christopher then proceeds to burn the ten houses that sit right on the edge of the woods. Christopher is arrested and charger with ten counts of arson. At the trial, the fire chief testifies that, besides burning the houses, the only way they could have protected the town was to burn a fire wall in the woods itself. However, the forest fire was only a few hours away from the town and burning a fire wall in the forest itself might not have been finished in time. Therefore, burning the houses was the only option they had. If Christopher tries to raise a necessity defense to avoid a conviction, he will probably be:
Correct The defense of necessity is available where the defendant acted under the reasonable belief that committing his offense would prevent a greater evil or harm from occurring. There are, however, several requirements that must be met in order for the defendant to use necessity as a defense, one of which is that the threatened harm that there must be no other less harmful way to avoid the threatened danger. In this case, burning a few of the houses was the least harmful way of protecting the town. Therefore, Christopher can use the necessity defense to avoid a conviction and A is the correct answer.
Incorrect! The defense of necessity is available where the defendant acted under the reasonable belief that committing his offense would prevent a greater evil or harm from occurring. There are, however, several requirements that must be met in order for the defendant to use necessity as a defense, one of which is that the threatened harm that there must be no other less harmful way to avoid the threatened danger. In this case, burning a few of the houses was the least harmful way of protecting the town. Therefore, Christopher can use the necessity defense to avoid a conviction and A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Christopher lives in a town that sits right on the edge of the Hundred Acre Woods. At the end of a hot and dry summer he goes out into the woods to camp out with some friends. That night, they make a bonfire so that they can roast some hot dogs that they brought from home. Unfortunately, they do not take the necessary precautions to keep the fire under control. Some brush in the woods catches fire and a forest fire quickly develops and spreads. The fire is heading toward the town and Christopher believes that if he burns the row of houses directly on the edge of the forest he will create a fire wall which will then protect the rest of the town. Christopher then proceeds to burn the ten houses that sit right on the edge of the woods. Christopher is arrested and charger with ten counts of arson. If Christopher tries to raise a necessity defense to avoid a conviction, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct The defense of necessity is available where the defendant acted under the reasonable belief that committing his offense would prevent a greater evil or harm from occurring. There are, however, several requirements that must be met in order for the defendant to use necessity as a defense, one of which is that the defendant himself was not at fault in creating the situation that made it necessary to commit his crime. Here, Christopher was actually at fault for starting the forest fire. That being the case, he cannot use necessity to avoid an arson conviction, even though he burned the houses to limit the damage the forest fire would cause to the town. Therefore, C is the correct answer.
Incorrect! The defense of necessity is available where the defendant acted under the reasonable belief that committing his offense would prevent a greater evil or harm from occurring. There are, however, several requirements that must be met in order for the defendant to use necessity as a defense, one of which is that the defendant himself was not at fault in creating the situation that made it necessary to commit his crime. Here, Christopher was actually at fault for starting the forest fire. That being the case, he cannot use necessity to avoid an arson conviction, even though he burned the houses to limit the damage the forest fire would cause to the town. Therefore, C is the correct answer.
Correct
Incorrect!
Question 4
Because of a severe drought, Valjean, a local farmer, has not been able to produce any crops for three straight seasons. Valjean and his family have depleted their own stores of food and have no money with which to buy more. When Valjean's family begins to starve, he arms himself with a knife and goes out to the main road. Valjean hides behind some bushes and waits for a pedestrian to walk by. Soon, Javert, a wealthy businessman, comes by. Valjean jumps from behind the bushes, holds the knife to Javert's throat and demands the money and valuables that Javert is carrying. Valjean takes what Javert has, apologizes for having to do this and then disappears. Valjean is caught and tried for robbing Javert. If Valjean tries to raise a necessity defense, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Most jurisdictions hold that economic necessity alone does not justify the commission of criminal acts. Therefore, one who commits a crime out of economic necessity will not be able to use the necessity defense. Here, Valjean's sole motivation for robbing Javert was his family's economic necessity. Therefore, he cannot use necessity as a defense and D is the correct answer.
Incorrect! Most jurisdictions hold that economic necessity alone does not justify the commission of criminal acts. Therefore, one who commits a crime out of economic necessity will not be able to use the necessity defense. Here, Valjean's sole motivation for robbing Javert was his family's economic necessity. Therefore, he cannot use necessity as a defense and D is the correct answer.
Question 5
Valjean, a poor farmer, has borrowed a significant amount of money from his friend Javert. Because of a severe drought, Valjean's next three harvests fail and he is unable to repay Javert when the loan comes due. One morning, one of Javert's employees comes to Valjean's house and tells him that, if Valjean doesn't repay Javert in three days, he will come back and kill him. Valjean is shocked by this incident because Javert has always been a law abiding and generous man and besides, he and Javert have been good friends for many years. Javert sends Javert a message saying that he will repay the loan as soon as he can. However, three days later, Javert's employee returns. He breaks Valjean's door down and begins chasing Valjean with a gun. Valjean runs out into the street where he flags down the first motorist he sees, pulls him out of his car and then jumps in the car and drives away. The motorist immediately calls the police and Valjean is caught and arrested a few hours later as he is about to leave the state. Valjean is charged with robbery. If, he raises a duress defense to try to avoid a conviction, he will probably be:
Correct
Incorrect!
Correct
Incorrect!
Correct The defense of duress can be made when the defendant has been forced to commit a criminal act by another person. However, in order to be able to raise the duress defense, there must have been an imminent threat of harm (deadly harm according to the common law) made against the defendant and the defendant must have had no other way to escape the harm other than by committing the crime he is charged with. Here, the threats made against Valjean meet all of the criteria for duress. The employee made an imminent threat of deadly harm against Valjean and there was no other way for Valjean to escape the employee other than taking the car. That being the case, Valjean can successfully raise a duress defense and C is the correct answer.
Incorrect! The defense of duress can be made when the defendant has been forced to commit a criminal act by another person. However, in order to be able to raise the duress defense, there must have been an imminent threat of harm (deadly harm according to the common law) made against the defendant and the defendant must have had no other way to escape the harm other than by committing the crime he is charged with. Here, the threats made against Valjean meet all of the criteria for duress. The employee made an imminent threat of deadly harm against Valjean and there was no other way for Valjean to escape the employee other than taking the car. That being the case, Valjean can successfully raise a duress defense and C is the correct answer.
Correct
Incorrect!
Question 6
Valjean, a poor farmer, has borrowed a significant amount of money from his friend Javert. Because of a severe drought, Valjean's next three harvests fail and he is unable to repay Javert when the loan comes due. One morning, one of Javert's employees comes to Valjean's house and tells him that, if Valjean doesn't repay Javert in three days, he will come back and kill him. Three days later, Javert's employee returns. He breaks Valjean's door down and begins chasing Valjean with a gun. Valjean runs out into the street where he flags down the first motorist he sees and tries to pull him out of his car. The motorist struggles and Valjean, seeing Javert's employee rapidly approaching, pulls a small pocket knife he carries around out of his pocket, stabs the motorist and throws him to the ground. Valjean then jumps in the car and drives away. The motorist immediately calls the police and Valjean is caught and arrested a few hours later as he is about to leave the state. The motorist dies of his injuries a few days later. Valjean is charged with murder. If, he raises a duress defense to try to avoid a conviction, he will probably be:
Correct
Incorrect!
Correct Duress is a defense to every crime except intentional killing and attempted intentional killing. However, please note that while duress is not a defense to intentional killing, it may be used to establish a lack of premeditation and therefore, it may help him avoid a murder conviction in favor of a lesser manslaughter conviction. That being the case, duress will not help Valjean avoid a conviction. However, it will help him get the charges reduced from murder to manslaughter. Therefore, B is the correct answer.
Incorrect! Duress is a defense to every crime except intentional killing and attempted intentional killing. However, please note that while duress is not a defense to intentional killing, it may be used to establish a lack of premeditation and therefore, it may help him avoid a murder conviction in favor of a lesser manslaughter conviction. That being the case, duress will not help Valjean avoid a conviction. However, it will help him get the charges reduced from murder to manslaughter. Therefore, B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 7
Valjean, a poor farmer, has borrowed a significant amount of money from Javert, the head of the most notorious crime family in the country. Because of a severe drought, Valjean's next three harvests fail and he is unable to repay Javert when the loan comes due. One morning, one of Javert's employees comes to Valjean's house and tells him that, if Valjean doesn't repay Javert in three days, he will come back and kill him. Three days later, Javert's employee returns. He breaks Valjean's door down and begins chasing Valjean with a gun. Valjean runs out into the street where he flags down the first motorist he sees, pulls him out of his car and then jumps in the car and drives away. The motorist immediately calls the police and Valjean is caught and arrested a few hours later as he is about to leave the state. Valjean is charged with robbery. If, he raises a duress defense to try to avoid a conviction, he will probably be:
Correct Duress is not available if the defendant either intentionally or recklessly put himself in a position in which he should have foresee that he would have been subject to duress. Valjean should have foreseen that borrowing money from an organized crime figure might result in his being put under duress to repay the money. Since Valjean intentionally put himself in this position, he cannot raise duress as a defense for crimes he committed under that duress. Therefore, A is the correct answer.
Incorrect! Duress is not available if the defendant either intentionally or recklessly put himself in a position in which he should have foresee that he would have been subject to duress. Valjean should have foreseen that borrowing money from an organized crime figure might result in his being put under duress to repay the money. Since Valjean intentionally put himself in this position, he cannot raise duress as a defense for crimes he committed under that duress. Therefore, A is the correct answer.