Deck 10: Criminal Law

Question 1

The Sixth Amendment guarantees that criminal defendants are entitled to an attorney during any phase of a criminal proceeding where there is a likelihood of imprisonment.

Answer 1

True

Question 2

Being part of an organization has a way of making someone feel insulated and "safe" when committing wrongdoings.

Answer 2

True

Question 3

Unless a trial results in a hung jury,the prosecution will get only one chance to prosecute the defendant.

Answer 3

True

Question 4

If the police are not interrogating a person,then any statement made cannot be used against that person.

Question 5

In a criminal case,the defendant is presumed to be innocent unless and until he/she is proven guilty.

Question 6

The plain view doctrine means that no warrant is required to conduct a search if it appears in the plain view of a government agent.

Question 7

Even though it may seem like a very bad thing to lose one's liberty in a civil case,the loss of one's assets is considered to be a more serious loss.

Question 8

Lying to the defendant is a constitutional violation.

Question 9

If a search occurs without a warrant,the search is always illegal.

Question 10

Once a defendant is convicted of a crime,he/she is a criminal.

Question 11

Private citizens may prosecute each other for crimes.

Question 12

Embezzlement,computer crimes and fraud are all examples of "inside crimes."

Question 13

The standard of proof in a civil trial requires the plaintiff to prove the case beyond a reasonable doubt.

Question 14

Any corporation that is convicted on criminal charges due to the bad judgment of an employee is held liable for crime even if the corporation itself does not benefit from the crime.

Question 15

If evidence were obtained in violation of the Fifth Amendment,then it cannot be used against the defendant in a court of law.

Question 16

Exigent circumstances mean that no warrant is required in the event of an emergency.

Question 17

Under any circumstances,a juvenile offender cannot be tried as an adult.

Question 18

If the state cannot prove its case,then the defendant will be released and he/she may be tried for that crime again.

Question 19

A felony is a less serious offense than a misdemeanor,as determined by the legislative body and reflected in the relevant statutes.

Question 20

In a criminal case,the due process requirements are higher than in a civil case.

Question 21

If someone is not per se involved with organized crime,the Racketeer Influenced and Corrupt Organizations Act RICO)charges can be brought against the defendant who has violated the statute.

Question 22

Restitution is most commonly used in illegal drug trafficking cases to seize property used during the commission of a crime.

Question 23

Cybercrimes do not include activities like hacking and identity theft.

Question 24

The Foreign Corrupt Practices Act FCPA)outlaws grease payments.

Question 25

Since a corporation is not considered a legal person,it cannot be convicted of a crime.

Question 26

A convicted criminal will be subject to various civil disabilities,depending on the state in which he/she lives.

Question 27

The master of a Ponzi scheme does not really invest the funds.

Question 28

The Unauthorized Access to Stored Communications Act does not have as broad of a sweep as it might appear from its name.

Question 29

Spamming is subject to federal regulations.

Question 30

Nowadays,all judges have the leeway to use their judgment when sentencing convicted criminals.

Question 31

Punishments committed by "white-collar criminals" are the same as those committed by any criminal.

Question 32

The goal of deterrence is not always achieved,as reflected in high recidivism rates for many crimes in the United States.

Question 33

Our criminal justice system's penalties exist mainly for the purpose of retribution.

Question 34

The Securities and Exchange Commission SEC)actions are often reactive,responding to a situation after it happened.

Question 35

Embezzlement strategies cannot involve wire fraud.

Question 36

Criminal convictions have been obtained for bid-rigging contracts for milk for school children.

Question 37

Individuals involved in white-collar crime are criminally liable for their own actions.

Question 38

Any business with a physical presence can become the target of vandals.

Question 39

Fines cannot be levied in civil cases.

Question 40

The terms of a probation require the criminal to periodically report to a state agent.

Question 41

The right to remain silent is guaranteed under:

A)The Fourth Amendment
B)The Eighth Amendment
C)The Sixth Amendment
D)The Fifth Amendment
E)The Twelfth Amendment

Question 42

According to the Fourth Amendment requirements,the government must first obtain a search warrant to search a particular area for particular items if there is a reasonable expectation of privacy in the area to be searched.The search warrant is issued only on:

A)probable cause.
B)reasonable grounds.
C)benefit of assumption.
D)reasonable suspicion.
E)substantive due process.

Question 43

Since crimes are public injuries,they are punishable only by:

A)private citizens.
B)the government.
C)interest groups.
D)the party that has been injured.
E)the public.

Question 44

In a criminal trial,the standard of proof-beyond a reasonable doubt-would have a certainty range of:

A)99 percent.
B)51 percent.
C)1 percent.
D)49 percent.
E)70 percent.

Question 45

What is the exclusionary rule?

A)It occurs when the government induces someone to commit a crime that he/she had no previous propensity to commit.
B)It may be used by persons who have not yet reached the age of majority.
C)It is specifically applicable when the defendant lacks the capacity to understand that his actions were wrong.
D)It prohibits the government from prosecuting the same defendant for the same crime after he/she has already stood trial for it.
E)It is a means to suppress evidence that was obtained illegally.

Question 46

The standard of proof in a criminal trial is:

A)beyond a reasonable doubt.
B)reasonable suspicion.
C)preponderance of the evidence.
D)clear and convincing evidence.
E)plaintiff's burden.

Question 47

_____ makes the U.S.Constitution's Bill of Rights applicable to the states.

A)Restitution
B)The balancing doctrine
C)The exclusionary rule
D)The incorporation doctrine
E)The Establishment Clause

Question 48

Which of the following defines the four different levels of culpability for the same acts: purposely,knowingly,recklessly,and negligently?

A)The Model Penal Code
B)The Judicial Code of Conduct
C)The due process clause
D)The Constitution
E)The exclusionary rule

Question 49

In a civil trial,the standard of proof-preponderance of the evidence-would have a certainty range of:

A)60 percent.
B)99 percent.
C)1 percent.
D)51 percent.
E)49 percent.

Question 50

A "lack of capacity" defense would be considered:

A)Insanity
B)Double jeopardy
C)Entrapment
D)Infancy
E)Actus reus

Question 51

When someone is charged with committing a crime,he/she is charged by the government in an):

A)indictment.
B)covenant.
C)class-action.
D)due process.
E)novation.

Question 52

What is read to persons in custody,so that they are made aware of some of their constitutional rights?

A)Miranda warnings
B)Statute of Frauds
C)Statute of limitations
D)Attorney-client privileges
E)Uniform Codes of Justice

Question 53

A fifty year jail sentence for stealing a pack of cigarettes would violate the:

A)Fourth Amendment
B)Fifth Amendment
C)Sixth Amendment
D)Eighth Amendment
E)Ninth

Question 54

Which of the following means that no warrant is required to conduct a search or to seize evidence?

A)Exigent circumstances
B)Consent
C)Automobile exception
D)Plain View Doctrine
E)Stop and frisk

Question 55

_____ implies that the state must prove the case against the defendant before the government can impose punishment.

A)Due process
B)Exclusionary rule
C)Fair trial
D)Preponderance of the evidence
E)Presumption of innocence

Question 56

_____ is a constitutional guarantee of fairness by procedure.

A)HYPERLINK "http://legal-dictionary.thefreedictionary.com/chattel+mortgage" Chattel mortgage
B)Due process
C)Restitution
D)Forfeiture
E)Strict scrutiny

Question 57

Which Amendment to the U.S.Constitution prohibits double jeopardy?

A)The Twelfth Amendment
B)The Fifth Amendment
C)The Eighth Amendment
D)The Sixth Amendment
E)The Fourth Amendment

Question 58

Which of the following is true about crime?

A)When crime occurs in the context of business,no one is "really" injured.
B)Crime undermines the expectations that we all have about living in a civil society.
C)When an insurance company has to pay for a claim arising from a crime,the victim and society at large are injured,but not the insurance company.
D)Wealthy people who do not notice embezzlement immediately are not entitled to retain their property.
E)There are many crimes which are victimless.

Question 59

_____ is an exception to the warrant requirement,specifically referring to a pat-down search permitted when someone is lawfully arrested.

A)Stop and frisk
B)Exigent circumstances
C)The plain view doctrine
D)Lawful arrest
E)Consent

Question 60

To be convicted of a crime,someone must possess the required criminal state of mind or:

A)res ipsa loquitur.
B)mens rea.
C)ultra vires.
D)actus reus.
E)respondeat superior.

Question 61

Which law provides that anyone who blows the whistle on a federal contractor committing fraud on the government can personally receive a portion of any amount recovered,up to 25 percent?

A)The Ethics in Government Act
B)The Freedom of Information Act
C)The Privacy Act
D)The False Claims Act
E)The Sarbanes-Oxley Act

Question 62

Which federal statute carries civil and criminal penalties for spamming?

A)The CAN-SPAM Act
B)The Unauthorized Access to Stored Communications Act
C)The Computer Fraud and Abuse Act
D)The Electronic Communications Privacy Act
E)The Digital Millennium Copyright Act

Question 63

The involuntary loss of ownership of property is known as:

A)Fine
B)Restitution
C)Forfeiture
D)Compensation
E)Probation

Question 64

Someone who lies under oath,even if he/she thinks there is a good reason to do so,has committed the crime of:

A)infraction.
B)forfeiture.
C)felony.
D)perjury.
E)misdemeanor.

Question 65

_____ occurs when funds gained from illegal activities are processed through a seemingly legitimate business to "clean" the funds from association with criminal activities.

A)Money laundering
B)Racketeering
C)Financial institution fraud
D)Misappropriation
E)Corporate espionage

Question 66

If someone intentionally burns down his office building because he wishes to collect under his fire insurance policy,then he has committed insurance fraud by:

A)battery.
B)defacement.
C)arson.
D)embezzlement.
E)larceny.

Question 67

Identify the correct statement about criminal law.

A)An attorney is provided if the defendant cannot afford one.
B)Crimes are private injuries or wrongs.
C)The injury is understood to be suffered by the plaintiff.
D)The burden of proof is merely by a preponderant of the evidence.
E)Incarceration and loss of life are never potential penalties.

Question 68

What is the standard of proof in a criminal trial and a civil trial?

Question 69

Which federal agency investigates financial institution fraud?

A)SEC
B)FTC
C)The Fed
D)FDIC
E)IRS

Question 70

_____ is the willful or malicious destruction of property.

A)Vandalism
B)Embezzlement
C)Larceny
D)Theft
E)Misappropriation

Question 71

Identify the correct statement about the Unauthorized Access to Stored Communications Act.

A)Hacking into an e-mail account provider is not prohibited by this act.
B)Hacking into a home computer or a business computer is prohibited by this act.
C)The courts have a narrow reading of the law,therefore only a few prosecutions have occurred under this Act since its enactment.
D)Courts have held that Internet service providers are "electronic communications devices" that are covered by this act.
E)It is a federal statute that carries punishments for compromising computers used in interstate commerce or communication.

Question 72

What is infraction?

A)It is the process of inducing someone to commit a crime that he or she had no previous propensity to commit.
B)It is a criminal offense,which is less serious than a misdemeanor.
C)It is a criminal offense that is more serious than felony
D)It is a serious criminal offense,punishable with a prison sentence of more than one year or,in some circumstances,death.
E)It is the use of deception to receive insurance funds.

Question 73

Which of the following is true of the "three strikes" laws?

A)They carry extremely harsh penalties for relatively minor offenses.
B)They are statutes enacted by the federal government of the United States.
C)They carry no penalties for minor offenses.
D)They decrease the penalties for major offenses.
E)They are also known as antitrust laws.

Question 74

Which of the following statements is true about the Federal Sentencing Guidelines?

A)They are mandatory guidelines that federal judges are expected to use when sentencing offenders.
B)Extremely harsh penalties are mandated for relatively minor offenses,given certain circumstances.
C)Several states passed their own versions of sentencing guidelines,but state trial court judges in those states need not rely on those guidelines when sentencing state offenders.
D)A small number of states have passed their own versions of sentencing rules and their court judges followed these rules.
E)The guidelines are only advisory due to the U.S.Supreme Court's decision in United States v.Booker,which held that a wide range of factors should be taken into consideration when sentencing offenders.

Question 75

Which of the following is false about whistleblowers?

A)Whistleblowers face stigma associated with blowing the whistle.
B)Whistleblowers are often placed in a terrible ethical dilemma.
C)Whistleblower protection laws prohibit retaliatory action against whistleblowers.
D)Whistleblowers have observed some wrongdoing that may harm others,and decide to "blow the whistle" to protect the potential victims.
E)The Sarbanes-Oxley Act is entirely devoted to whistleblower protection.

Question 76

_____ are people who report the illegal activity of their employers or of their organization to authorities.

A)Tortfeasors
B)Ombudsmen
C)Whistleblowers
D)Hardliners
E)Safeguarders

Question 77

What is Embezzlement?

A)It involves obtaining a trade secret by improper means.
B)It is the use of deception to acquire the secrets of an economic competitor for financial gain.
C)It occurs when someone takes property that was in his or her possession lawfully and then converts it to his or her own use.
D)It is the use of deception to receive insurance funds.
E)It is the trespassory taking of property with the intent to deprive the owner of it.

Question 78

Identify the correct statement about white-collar crimes.

A)The term white-collar derives from a reference to the "white collars" that factory workers and laborers who committed these crimes wore as their everyday attire.
B)They are typically street crimes or person crimes.
C)White-collar criminals seldom commit their crimes on the job,in broad daylight.
D)These crimes are committed in the professional work environment for financial gain through the use of deception.
E)They are violent crimes committed by people in their professional capacity.

Question 79

Which law carries criminal penalties for antitrust violations?

A)The Sherman Anti-trust Act
B)The Hart-Scott-Rodino Antitrust Improvements Act
C)The Valentine Anti-Trust Act
D)The Robinson-Patman Act
E)The Clayton Antitrust Act

Question 80

_____ occurs when the government induces someone to commit a crime that he/she had no previous propensity to commit.

A)Infraction
B)Double jeopardy
C)Insanity
D)Entrapment
E)Felony