CJUS 400 Quiz 1 Criminal Law Fundamentals

CJUS 400 Quiz 1 Criminal Law Fundamentals, Limits, Responsibility, and Defenses

Module 1: Week 1 – Module 2: Week 2.

To be enforceable, state criminal laws must be consistent with:
The equal protection clause of the Fourteenth Amendment requires that:
The _____ Amendment of the US Constitution provides that “[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Julie owns a gun and has for several years. She is arrested for possession of a firearm within the city where she lives. The day following her arrest, the city passes a law making gun ownership of any kind illegal and punishable by a year in jail for the first offense. Julie is sentenced to one year and a day in prison. Julie contends that because the law under which she was sentenced was passed the day after her arrest, her conviction on the gun possession charge is a clear violation of the principle of:
A person might commit a crime for any of the following reasons except?
The Latin maxim nulla poena sine lege means:
Julie owns a gun and has for several years. She is arrested for possession of a firearm within the city where she lives. The day following her arrest, the city passes a law making gun ownership of any kind illegal and punishable by a year in jail for the first offense. Julie is sentenced to one year and a day in prison. The Supreme Court held that the _____ Amendment protected an individual’s right to own and possess firearms, at least under federal criminal laws.
An unnecessarily broadly written law that invades the area of protected freedoms would be deemed unconstitutional on what grounds?
In the state of Wisconsin during the month of February it can easily reach below zero on any given day. During this time period Johnny M is trying to sleep in an alley behind some businesses. The temperature is reaching 20 degrees below zero, and Johnny realizes that he is about to freeze to death unless he gets inside a warm building. He sees a back door to one of the businesses and breaks it open. Johnny is able to get warm and he sleeps just inside this store. In the morning, the owner comes to the store and finds Johnny and the broken door. The owner calls the police. For Johnny to be convicted of a crime, the prosecutor must:
Most crimes require the concurrence of which of the following?
In the state of Wisconsin during the month of February it can easily reach below zero on any given day. During this time period Johnny M is trying to sleep in an alley behind some businesses. The temperature is reaching 20 degrees below zero, and Johnny realizes that he is about to freeze to death unless he gets inside a warm building. He sees a back door to one of the businesses and breaks it open. Johnny is able to get warm and he sleeps just inside this store. In the morning, the owner comes to the store and finds Johnny and the broken door. The owner calls the police. During this incident, Johnny displayed:
Susie “pick pocket” Ditts is a known criminal in the Detroit area and the police keep a close eye on her. Late one night her car is pulled over by the Detroit police for speeding and in plain view they see many tools that they deem as burglar tools. Susie hides stolen goods away, and only she knows where they are located. She does not possess them but would be guilty nonetheless of:
Julie “the snake” Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana. The maxim “ignorance of the law is no excuse” is applicable:
Julie “the snake” Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana. Due to the large amount of drugs in Julie’s possession, the State should be able to easily prove:
Which crime includes the essential element of knowledge beyond a reasonable doubt that defendant knew the property was stolen?
Conclusive presumptions can be unconstitutional under the Due Process Clause because the presumption allows the prosecution to avoid proving:
Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend’shouseandfindshisgirlfriendandhisbestfriendinacompromisingembrace.Scott takesouthis gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense. Having the accused and the accuser fight one another to decide guilt or innocence is referred to as trial by:
Under which circumstance do states permit the insanity defense with voluntary intoxication or drug use?
Which statement is true of the requirement of the M’Naghten rule as compared to the “substantial capacity” test?
Under the “substantial capacity” test, the “cognitive” part of the rule is satisfied:
Which does not apply for a defendant to be found guilty beyond a reasonable doubt but mentally ill?
Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend’shouseandfindshisgirlfriendandhisbestfriendinacompromisingembrace.Scott takesouthis gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense. Scott’s ability to cooperate with his attorneys and the ability to understand the charges and proceedings against him is referred to as:
Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend’shouseandfindshisgirlfriendandhisbestfriendinacompromisingembrace.Scott takesouthis gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense. Scott’s attorney could seek to introduce evidence showing that because of mental or emotional conditions, Scott did not possess the required mens rea for conviction of the crime charged. This is referred to as: diminished ______ defense.
In Jackson v. Indiana, the US Supreme Court held that defendants who are not competent to stand trial may be held:
Johnny Burgle sneaks into his neighbor’s house through a basement window and begins to conceal items into a large bag. Johnny Burgle accidentally knocked over a vase, which made a loud noise when it broke. This noise woke up the home owner. The home owner confronted Johnny and ordered him out of his house. When Johnny refused to leave, the home owner shot him with a sawed-off shotgun, and was charged with manslaughter. The home owner claimed as a defense that the state’s “stand your ground” laws would apply, and he should be acquitted. The home owner’s claim will be:
The _____doctrine states that a person in his home is justified in using reasonable force, including deadly force, in response to an assault in their home.
Should a frail, elderly woman begin to hit a large, athletic man with an umbrella, the man may:
The amount of force used in self-defense or defense of another must, under the circumstances that exist, be:
Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver’s license. The police officer tells the driver that if he doesn’t provide his driver’s license then he will be placed under arrest. The driver refuses to comply with the police officer’s orders and yells, “take me to jail then!!” The use of force is not permissible:
Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver’s license. The police officer tells the driver that if he doesn’t provide his driver’s license then he will be placed under arrest. The driver refuses to comply with the police officer’s orders and yells, “take me to jail then!!” Officer Jones places the driver under arrest and when he attempts to place handcuffs on the driver, the driver resists arrest and begins to assault the officer by punching him. The officer uses his Taser to stop this assault and to get him handcuffed. This force is:
A person assaulted in his or her home by a trespasser has no duty to retreat and may use necessary force under the ________ doctrine.
The US Supreme Court ruled that the Fourth Amendment applies to use of force by a police officer because the Fourth Amendment provides an explicit textual source of constitutional protection against this sort of:
Ivan works for the Russian diplomatic delegation in Chicago as a part of the Russian Federation Consulate. On Friday night, Ivan has too much to drink and is involved in an automobile accident where several people are injured. Ivan provides identification to the Chicago City Police, and demands to be released immediately. Ivan was arrested and charged with various criminal offenses. He may gain his freedom by arguing that:
The two types of immunity which may be granted to a witness or suspect are:
A defense of mistake of fact will be disallowed under:
The “choice of evils” defense is also known as the ______ defense.
The ________ test is used to determine when a speedy trial violation has occurred.
In a jury trial, jeopardy attaches once the:
Under ____ immunity, statements made by the witness may not be used in subsequent prosecutions.
The doctrine that prevents a second determination of a charge or issue once it has been judicially determined in a case involving the same parties is called:
Jim is mad at Sam for stealing his girlfriend, Sue. Jim tells Sam he will get even and threatens to run him over one day. Two months later, Sam is walking to Sue’s house one evening. Jim is driving his car home from the gym. Jim gets nostalgic and decides to drive by Sue’s house, hoping she will be out on her porch where they used to sit for hours. As Jim nears Sue’s house, Jim sees Sam crossing the street about 40 yards down the road. He decides now is the time to run Sam over. But, as he looks at Sue’s house he sees Sue is out on her porch and begins to tear up and even forgets about Sam. Jim hits and kills Sam as he comes out of his daydream. Because Sue heard Jim threaten to “run Sam over,” two months ago, the police charge Jim with murdering Sam. Define the following terms: Actus Reus, Mens Rea, concurrence, and motive. As Jim’s defense attorney discuss how you will tell Jim why you think he is or is not guilty or guilty.
Jack decides to break into Jill’s house one late night to take jewelry, he heard she has. Upon arrival, he goes to Jill’s kitchen window and begins use a crowbar to force the window open. Jill’s neighbor Stu, who was up with indigestion, sees Jack breaking into Jill’s house. He decides not to do anything, since he does not like Jill, a prosecutor, who once prosecuted him for theft. Jill who was up as well working to prepare for a trial she had the next day, hears Jack breaking into her house. Jill goes downstairs with her 9 mm, which she was advised to keep in her home by her boss and officers she works with. Jill sees Jack coming in through the window, he broke. Jack sees Jill and starts walking toward her. Jill shoots Jack, hitting him in the shoulder. Jack runs out of the house, into the street, where Shelly, Jill’s other neighbor meets up with Jack. Shelly heard the commotion and came running out with her shotgun. Jack grabs his crowbar and raises it toward Shelly, who is about 8 feet from him. Shelly shoots Jack dead. Define the following terms: the “Law of Deadly Force,” the “Castle Doctrine” and “Stand Your Ground Laws,” as well as “Good Samaritan Laws,” and discuss the potential criminal liability or not of Jill, Stu, and Shelly in light of the laws.

Other sets

CJUS 400 Quiz: Criminal Law: Fundamentals, Limits, Responsibility, and Defenses

Covers the Learn material from Module 1: Week 1 – Module 2: Week 2.

Julie owns a gun and has for several years. She is arrested for possession of a rearm within the city where she lives. The day following her arrest, the city passes a law making gun ownership of any kind illegal and punishable by a year in jail for the first offense. Julie is sentenced to one year and a day in prison. A ______ is a less serious offense and usually carries a sentence of imprisonment for no more than a year.
The Latin maxim nulla poena sine lege means:
Julie owns a gun and has for several years. She is arrested for possession of a rearm within the city where she lives. The day following her arrest, the city passes a law making gun ownership of any kind illegal and punishable by a year in jail for the rst offense. Julie is sentenced to one year and a day in prison. The Supreme Court held that the _____ Amendment protected an individual’s right to own and possess rearms, at least under federal criminal laws.
Julie owns a gun and has for several years. She is arrested for possession of a rearm within the city where she lives. The day following her arrest, the city passes a law making gun ownership of any kind illegal and punishable by a year in jail for the rst offense. Julie is sentenced to one year and a day in prison. Since Julie was sentenced to more than one year in prison. It is likely she was charged with a ____ crime.
The _____ Amendment of the US Constitution provides that “[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
A bill of attainder is:
Chad’s parents are both drug users and commit many different types of property crimes to support their drug addiction. Chad’s friends steal items from stores in order to support their lifestyle. Chad begins experimenting with drugs and starts to commit property crimes. Chad commits property crimes:
Julie owns a gun and has for several years. She is arrested for possession of a rearm within the city where she lives. The day following her arrest, the city passes a law making gun ownership of any kind illegal and punishable by a year in jail for the rst offense. Julie is sentenced to one year and a day in prison. Julie further contends that her conviction on the gun possession charge is a clear violation of the prohibition against ex post facto laws, which is guaranteed by ___________ of the United States Constitution.
is seldom made an essential element that must be proved beyond a reasonable doubt in many crimes.
In the state of Wisconsin during the month of February it can easily reach below zero on any given day. During this time period Johnny M is trying to sleep in an alley behind some businesses. The temperature is reaching 20 degrees below zero, and Johnny realizes that he is about to freeze to death unless he gets inside a warm building. He sees a back door to one of the businesses and breaks it open. Johnny is able to get warm and he sleeps just inside this store. In the morning, the owner comes to the store and nds Johnny and the broken door. The owner calls the police. During this incident, Johnny was not arrested because he did not have:
Julie “the snake” Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana. The wrong done is called the:
Julie “the snake” Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana. Julie can be arrested and charged because she had these items:
The mental element required in possession offenses is generally that of:
Julie “the snake” Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana. ________ are not included in strict liability crimes.
Julie “the snake” Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana. Presumptions fall into two categories, they are:
Julie “the snake” Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana. The harm done was the natural and probable result of the wrongful act is called the:
Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend’s house and finds his girlfriend and his best friend in a compromising embrace. Scott takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense. Which judicial concept requires that defendants be given the opportunity to participate in their defense?
The first prong of the M’Naghten rule requires a showing the defendant:
Under the “substantial capacity” test, the “cognitive” part of the rule is satisfied:
Which is not a basis for finding a person incompetent to stand trial?
Which is not a factor when determining criminal capacity for children?
To be mentally fit to stand trial, the defendant must have the ability to cooperate with defense counsel and:
Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend’s house and finds his girlfriend and his best friend in a compromising embrace. Scott takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense. For a crime to be attributable to a corporation, the person must:
Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend’s house and finds his girlfriend and his best friend in a compromising embrace. Scott takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense. Which is not one of the factors the Washington Supreme Court identified in determining capacity?
The castle doctrine states that people who have been assaulted in their homes by a trespasser have no duty to retreat or flee but may stand their ground and use such force as is necessary and:
The US Supreme Court ruled that the Fourth Amendment applies to use of force by a police ocer because the Fourth Amendment provides an explicit textual source of constitutional protection against this sort of:
John Buff picks a fight with James Smalls. John begins to punch James in the face over and over again for no reason at all. James tries to fight back and in doing so he knocks John down on the ground where John hits his head on a rock and dies. James is arrested and charged with the murder of John. A law that applies to the above altercation that encourages bystanders to help out those who are being attacked or who are in danger, etc., is called a ________law.
A person assaulted in his or her home by a trespasser has no duty to retreat and may use necessary force under the ________ doctrine.
Currently most states prohibit the use of ______ force to protect property.
Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver’s license. The police officer tells the driver that if he doesn’t provide his driver’s license then he will be placed under arrest. The driver refuses to comply with the police officer’s orders and yells, “take me to jail then!!” In most states, the owner of a dwelling before using non-deadly force against someone who is trespassing must:
Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver’s license. The police officer tells the driver that if he doesn’t provide his driver’s license then he will be placed under arrest. The driver refuses to comply with the police officer’s orders and yells, “take me to jail then!!” Force that is likely to cause or is capable of causing death or serious bodily injury is called _____ force.
Johnny Burgle sneaks into his neighbor’s house through a basement window and begins to conceal items into a large bag. Johnny Burgle accidentally knocked over a vase, which made a loud noise when it broke. This noise woke up the home owner. The home owner confronted Johnny and ordered him out of his house. When Johnny refused to leave, the home owner shot him with a sawed- off shotgun, and was charged with manslaughter. The home owner claimed as a defense that the state’s “stand your ground” laws would apply, and he should be acquitted. The home owner’s claim will be:
is a defense to criminal prosecution on the grounds that the defendant was forced to commit the criminal act.
A person who forces another to commit a crime may be charged with:
While the legislature is in session or legislators are traveling to the legislature, both the US and most state constitutions provide immunity from:
The purpose of the Double Jeopardy Clause is:
In all criminal cases, the requirement that the government prove the crime was committed and the defendant was a party to the crime is called:
A ______ sets the maximum time the government has to prosecute a violation of a criminal law.
The “separate offense” rule states that where the same acts or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision:
The ________ test is used to determine when a speedy trial violation has occurred.
Jim is mad at Sam for stealing his girlfriend, Sue. Jim tells Sam he will get even and threatens to run him over one day. Two months later, Sam is walking to Sue’s house one evening. Jim is driving his car home from the gym. Jim gets nostalgic and decides to drive by Sue’s house, hoping she will be out on her porch where they used to sit for hours. As Jim nears Sue’s house, Jim sees Sam crossing the street about 40 yards down the road. He decides now is the time to run Sam over. But, as he looks at Sue’s house he sees Sue is out on her porch and begins to tear up and even forgets about Sam. Jim hits and kills Sam as he comes out of his daydream. Because Sue heard Jim threaten to “run Sam over,” two months ago, the police charge Jim with murdering Sam. Define the following terms: Actus Reus, Mens Rea, concurrence, and motive. As Jim’s defense attorney discuss how you will tell Jim why you think he is or is not guilty or guilty.
Define the following terms: the “Law of Deadly Force,” the “Castle Doctrine” and “Stand Your Ground Laws,” as well as “Good Samaritan Laws,” and discuss the potential criminal liability or not of Jill, Stu, and Shelly in light of the laws.

Set 2

Common law crimes in England were created by:
Julie owns a gun and has for several years. She is arrested for possession of a firearm within the city where she lives. The day following her arrest, the city passes a law making gun ownership of any kind illegal and punishable by a year in jail for the first offense. Julie is sentenced to one year and a day in prison. A ____ is the most serious grade of crime and usually includes possibility of prison sentence.
The equal protection clause of the Fourteenth Amendment requires that:
The Latin maxim nulla poena sine lege means:
If the language of a statute or ordinance is vague, it may be held unconstitutional under the:
The substantive criminal law:
Julie contends that because the law under which she was sentenced was passed the day after her arrest, her conviction on the gun possession charge is a clear violation of the principle of:
The constitutional guarantee that criminal arrests and trials must meet certain minimum standards of fairness is the definition of:
The cause, inducement, or reason why an act is committed is called:
The offense of carrying an unauthorized concealed weapon requires a showing of:
Susie “pick pocket” Ditts is a known criminal in the Detroit area and the police keep a close eye on her. Late one night her car is pulled over by the Detroit police for speeding and in plain view they see many tools that they deem as burglar tools. Susie the pick pocket is arrested with credit cards that are not hers, cash she cannot account for, and the personal belongings of people who have reported the items as stolen. Investigators can presume:
To obtain a conviction, the prosecution has the burden of proving every element of the crime:
is seldom made an essential element that must be proved beyond a reasonable doubt in many crimes.
Conclusive presumptions can be unconstitutional under the Due Process Clause because the presumption allows the prosecution to avoid proving:
The year-and-a-day murder rule:
Julie “the snake” Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana. A person cannot be found guilty of possession of stolen goods if he or she did not know the goods were stolen. This is the element of:
Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend’s house and finds his girlfriend and his best friend in a compromising embrace. Scott takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense. The Supreme Court has repeatedly maintained that it is a violation of due process to try to convict:
Under the “substantial capacity” test, the “cognitive” part of the rule is satisfied:
Which is not a basis for finding a person incompetent to stand trial?
Voluntary intoxication or drug use as the basis for the successful assertion of the insanity defense is _____ used.
Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend’s house and finds his girlfriend and his best friend in a compromising embrace. Scott takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense. Subjecting the accused to a tortuous ordeal is referred to as trial by:
A defendant of questionable competency should not be tried for a criminal violation for all of the following reasons except:
Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend’s house and finds his girlfriend and his best friend in a compromising embrace. Scott takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense. Scott may be found guilty but mentally ill if all the following are found beyond a reasonable doubt: (1) defendant is guilty of offense; (2) defendant was mentally ill at time offense was committed; and (3) defendant was not legally insane at time offense was committed. This is called:
Superstition played a role in ancient England and in colonial America in accusing, mostly women, of:
Officer Jones places this driver under arrest. While doing so the driver pulls out a gun and tries to shoot the officer. The officer uses his duty weapon and shoots and kills the driver. This use of force is:
The use of a Taser by the police is considered to be:
The term “in loco parentis” refers to:
John Buff picks a fight with James Smalls. John begins to punch James in the face over and over again for no reason at all. James tries to fight back and in doing so he knocks John down on the ground where John hits his head on a rock and dies. James is arrested and charged with the murder of John. James, a minor, panics because he realizes he has killed John, and picks up a knife when the police show up. The police have:
Whether excessive force was used by police in making an arrest would be analyzed under the Fourth Amendment’s _______ standard.
John Buff picks a fight with James Smalls. John begins to punch James in the face over and over again for no reason at all. James tries to fight back and in doing so he knocks John down on the ground where John hits his head on a rock and dies. James is arrested and charged with the murder of John. At trial James argues that John attacked him and that he was just defending himself. This is referred to as:
Which reason explains why use of deadly force is currently forbidden in the defense of property?
John Buff picks a fight with James Smalls. John begins to punch James in the face over and over again for no reason at all. James tries to fight back and in doing so he knocks John down on the ground where John hits his head on a rock and dies. James is arrested and charged with the murder of John. During the above altercation, a passerby jumped in to help out James because he could easily see that John was creating a ton of damage to his face with his punches. The assistance by the passerby is referred to as:
The “choice of evils” defense is also known as the ______ defense.
Johnny has been drinking heavily for several hours, celebrating his 21st birthday, and then robs a liquor store. During the robbery, Johnny accidentally shoots and kills the store owner. At his trial, Johnny claims that he was compelled to commit the robbery by Bill and John, who threatened to assault Johnny’s sister if Johnny didn’t bring them illegal booze. A government witness testifies that she and Mary murdered Bob. In exchange for the testimony, the witness is assured that she will not be prosecuted for the murder; this is an example of ____ immunity.
If the defendant has a reasonable alternative, and harm is not imminent, the defendant may:
The doctrine that allows the federal and a state government to file separate criminal actions for the same criminal act is called:
If Bill and John had threatened Johnny, rather than Johnny’s sister, then Johnny could claim the ______ defense.
Double jeopardy applies:
A mistake of fact can be a defense if it:
Double jeopardy prohibits a person from being tried:

CJUS 400 Quiz 1 Criminal Law Fundamentals

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