Criminal Law Keyed to Weaverback
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The defendant and the victim, both of whom were drinking, got into a heated exchange of words in a bar. After several minutes, both calmed down and continued drinking. When the victim started to stagger out of the bar after several more hours, the defendant yelled an insult directed at the victim and picked up a chair as if he were going to strike the victim. However, the defendant immediately dropped the chair when the victim turned around. The defendant was charged with assault, and defends on the basis that he was so intoxicated at the time that he did not realize what he was doing.
Which of the following would be LEAST helpful to this defense?CorrectIncorrect
A student attended the largest party in the history of the state. Thousands of people celebrated in the streets for six days in honor of the university’s football championship. The student drank ten beers in less than an hour and became enraged when he misplaced his favorite drinking mug. He searched throughout the sorority house he had been invited into and entered a room where cheerleaders were practicing their leg splits. The student was extremely aroused and forced himself on one cheerleader as the other girl looked on in horror. When he had finished with the first cheerleader, the student began to disrobe the second cheerleader, but the quarterback heard her screaming, ran into the room, and beat the student severely before calling the police. In response to the charges of rape and attempted rape against him, the student testified that he was so drunk that he honestly thought the cheerleaders’ leg splits were meant to convey their consent to his advances. If the student did indeed honestly believe the cheerleaders had consented, he should be found:CorrectIncorrect
A father came home and found a girl threatening his son with a butcher knife. The father had no idea that the girl and his son were rehearsing for a school play. The father grabbed a baseball bat and lunged toward the girl. The girl stabbed the father with the very real and sharp knife she had taken from the kitchen drawer to use as a prop. The father later died from the knife wound.
If the girl is charged with murder, should she be found guilty?CorrectIncorrect
A businessman was walking home from work when he saw a man attempting to rape a woman. The businessman pressed the point of his umbrella against the man’s neck and said, “Watch out. I am about to make a hole in your neck!”
If the state charges the businessman with assault, the businessman most likely will:CorrectIncorrect
A local bigamy statute provided, “Any person who has a husband or wife and marries another person, or one who marries a person he or she knows has a husband or wife, is guilty of bigamy.” A man and a woman were engaged to be married. The man never told the woman that he was already married. One day the man and the woman shared two bottles of Scotch. The man was feeling very guilty and told the woman he was already married. The woman was so drunk that his words did not register in her mind. The next morning, relieved that the woman did not remember the conversation, the man decided never to tell her of his previous marriage. The woman and the man married. If prosecuted for bigamy under the above listed statutes, the woman should be found:CorrectIncorrect
In which of the following situations will the defendant be LEAST likely to be found guilty by asserting in his defense that he was intoxicated?CorrectIncorrect
A defendant was charged with assault and battery in a jurisdiction that followed the “Retreat” doctrine, and he pleaded self-defense. At his trial, it was established that a husband and wife were enjoying dinner and drinks at a local restaurant. The defendant entered the restaurant and stood near the door. The wife whispered to the husband that the defendant was the man who had insulted her earlier, so the husband, being the “macho man” that he was, approached the defendant and said, “Get out of here, or I’ll break your nose!” The defendant replied, “Don’t come any closer, or I’ll hurt you.” When the husband raised his fists ready to punch the defendant, the defendant pulled a can of mace from his pocket and sprayed it in the husband’s face. The husband promptly fell on the floor, crying in pain.
Should the defendant be convicted?CorrectIncorrect