Criminal Law Keyed to Kadishback
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After becoming intoxicated one evening, the defendant went to a used car lot to try to find a car that he could use to drive home. On discovering that none of the cars had keys in the ignition, he broke into the main office of the used car lot to get a key. As he left the office with a key, a security guard tried to apprehend the defendant. The defendant pushed the guard to the ground. The guard hit his head bard on the pavement and died. Relevant statute extend burglary to include buildings not used as a dwelling. First degree murder is defined as “the premeditated and intentional killing of another or a killing committed during the commission of a rape, robbery, burglary, or arson.” Second degree murder is defined as all murders that are not first-degree murder.
If the defendant is charged with first degree murder for the death of the security guard, the court should charge the jury on the issue of the defense of intoxication that:CorrectIncorrect
A defendant, who had been previously hospitalized at a mental institution, was charged with the murder of his wife. In his defense, he testified that, at the time he killed her, he believed that his wife was planning to destroy the world by detonating a massive explosive device that she had developed and built in the basement of their home. He also said that he had concluded that the only way to prevent her scheme was to kill her, and that he had become so obsessed with the importance of doing so that he could think of nothing else. One day when he saw her open the door to the basement, he lunged at her and pushed her down the steps to her death.
The best defense raised by the defendant’s testimony is:CorrectIncorrect
While in a department store, a man picked up a sweater and slipped it under his shirt. The man then started for the door. A woman, who also was shopping in the store, saw the man take the sweater. The woman grabbed a baseball bat from the sporting goods aisle and chased the man into the parking lot. The woman began swinging the bat at the man’s head, hoping to knock him out and thus prevent the theft. The man pulled a knife from his pocket and stabbed the woman, killing her. The man was arrested and charged with murder.
At trial, the man will most likely be found:CorrectIncorrect
A bartender and a patron were arguing over an upcoming football game. Their argument grew heated, and the bartender reached over the bar and pushed the patron’s shoulder. Enraged, the patron picked up a beer bottle, smashed it, and lunged over the bar. He pinned the bartender against the wall and swung the broken glass toward the bartender’s throat. The bartender managed to grab a baseball bat he kept hidden under the bar and hit the patron, causing the patron to fall and strike his head on the edge of a table. The patron died as a result and the bartender was charged with manslaughter in a jurisdiction that recognizes the “imperfect self-defense” doctrine.
Should the bartender’s claim of self-defense succeed?CorrectIncorrect
A carload of gang members, armed with automatic rifles, sped into the rival gang’s neighborhood looking for a store that its rival gang used as a hangout. The gang members knew that the store closed at 6 p.m. and that the rival gang went elsewhere after nightfall. As the gang members drove by, they sprayed the store with bullets. One of the bullets struck and killed a six-year-old girl who was asleep in an apartment located on the second floor above the corner store. A few days later, the police arrested the defendant, who admitted to being a member of the gang and to having been in the car when the gang members shot up the store. The defendant was placed on trial for the girl’s murder.
If the defendant takes the stand in his own defense, and the jury believes the defendant’s testimony, which of the following assertions by the defendant would be his best defense to the murder charge?CorrectIncorrect