Deck 6: Criminal Law and Cyber Crimes

Question 1

In a criminal case,the burden of proof that the defendant is guilty is on the government.

Answer 1

True

Question 2

Administrative regulations are the primary source of criminal law.

Answer 2

False

Question 3

A lawsuit for any torts connected with a crime must be brought by the victim in a lawsuit that is separate from the criminal case.

Answer 3

True

Question 4

Juries may infer an accused's intent from the facts and circumstances of the case.

Question 5

Criminal violations and penalties are only found in penal statutes.

Question 6

In a criminal case,if the accused cannot afford a private defense lawyer,the government will provide the accused one free of charge.This government defense attorney is often called a private defender.

Question 7

Non-intent crimes are often imposed for reckless or grossly negligent conduct that causes injury to another person.

Question 8

A criminal act is known as the mens rea,while criminal intent is known as the actus reus.

Question 9

A crime is defined as any act done by an individual in violation of those duties that he or she owes to society and for the breach of which the law provides that the wrongdoer shall make amends to the public.

Question 10

Persons who unsuccessfully try to complete a crime can be convicted of a crime even if they are unsuccessful in carrying out the original crime.

Question 11

In a criminal lawsuit,a private party is the plaintiff.

Question 12

Felonies,but not misdemeanors,can be punished by imprisonment.

Question 13

Misdemeanors are the least serious of crimes.

Question 14

In a larceny,the taking is the actus reus.

Question 15

Mala prohibita crimes are more serious than mala in se crimes.

Question 16

Defendants convicted of violations may sometimes be sentenced to jail.

Question 17

The crime of involuntary manslaughter is an intent crime.

Question 18

Generally,imprisonment is imposed to incapacitate the criminal so he or she will not harm others in society,provide a means to rehabilitate the criminal,deter others from similar conduct,and inhibit personal retribution by the victim.

Question 19

In most crimes,it is the conduct,rather than the intent behind the conduct,that determines whether the defendant committed the crime.

Question 20

In a robbery,the taking is the mens rea.

Question 21

At a criminal trial,a super-majority of jurors must agree before the accused is found guilty of the crime charged.

Question 22

Before the police can arrest a person for the commission of a crime,they usually must obtain an arrest warrant based on a showing of probable cause.

Question 23

A nolo contendere plea can be used as evidence of liability against the accused at a subsequent civil trial.

Question 24

Warrantless arrests may only be made based on a "beyond a reasonable doubt of guilt" standard.

Question 25

Police can give tickets or citations for misdemeanors they witness but may only affect a warrantless arrest for felonies committed in their presence.

Question 26

An accused person must be formally charged with a crime before he or she can be brought to trial.

Question 27

If there is no time for the police to obtain a warrant,the police may still arrest the suspect without obtaining an arrest warrant.

Question 28

At a criminal trial,if the defendant is found not guilty,the government cannot appeal.

Question 29

An arraignment is necessary before an indictment can be issued.

Question 30

A penalty cannot be imposed based on a nolo contendere plea.

Question 31

Probable cause is defined as the possibility that a person either committed or is about to commit a crime.

Question 32

After a criminal trial,only the government has the right to appeal the verdict.

Question 33

A grand jury determines guilt.

Question 34

The police can make a warrantless arrest if they arrive during the commission of a crime,when a person is fleeing from the scene of a crime,or when it is likely that evidence will be destroyed.

Question 35

Probable cause is defined as the certainty,beyond reasonable doubt,that a person either committed or is about to commit a crime.

Question 36

If the jury cannot come to a unanimous decision about the defendant's guilt one way or the other,the jury s considered a "suspended jury."

Question 37

If the government agrees to accept a nolo contendere plea,the accused and the government usually enter into a plea bargain in which the accused agrees to the imposition of a penalty and admits guilt.

Question 38

Evidence of a serious crime,such as murder,is usually presented to a summary jury.

Question 39

Warrantless searches are judged by the probable cause standard.

Question 40

Criminal cases begin with a complaint and summons served on the defendant.

Question 41

In common law,robbery is defined as the taking of real property from another person or business by the use of force or fear.

Question 42

Most real property is subject to larceny.

Question 43

The crime of embezzlement occurs if a written document is fraudulently made or altered and that change affects the legal liability of another person.

Question 44

Under common law,arson was defined as intentionally burning one's own dwelling in order to collect insurance proceeds.

Question 45

In a "hung jury" scenario,the government may choose to retry the case before the same trial court judge and jury.

Question 46

Many states hold an accomplice liable under the felony murder rule,even if the accomplice was not directly involved in the death of the victim and did not specifically intend for the victim to die in the commission of a crime.

Question 47

At common law,someone who pickpockets a wallet would be guilty of robbery.

Question 48

A police officer must be certain beyond a reasonable doubt that a person has committed a crime before that person can be arrested.

Question 49

Murder is defined as the unlawful killing of a human being or animal with malice aforethought.

Question 50

Signing another person's signature without intent to defraud is defined as involuntary forgery,and is punishable as a misdemeanor in most states.

Question 51

Burglary is defined as "the breaking and entering of a dwelling at night" and cannot occur during the daytime or at a commercial building.

Question 52

According to the felony murder rule,the intent to commit the murder is inferred from the intent to commit the other crime.

Question 53

Indictments are issued,at the arraignment,by a judge who has determined that there is sufficient evidence to hold a defendant for trial.

Question 54

Frankie and Johnny were lovers.Frankie knows that Johnny is out of work and out of money.She is surprised when Johnny presents her with an expensive gold watch and when she asks how he could afford it,he winks and says that he "found it." Earlier in the day she had heard a radio report about a jewelry store robbery.She is not guilty of receiving stolen goods because she has no actual knowledge that this particular watch was stolen and perhaps Johnny had indeed "found it."

Question 55

The use of force is not necessary for conviction of the crime of larceny.

Question 56

If a person pickpockets somebody's wallet,this constitutes the crime of robbery.

Question 57

In most states,there are several degrees of murder.

Question 58

An arrest warrant is required before any arrest can be made.

Question 59

Felony murder requires proof that the defendant intended to kill someone during the commission of a felony.

Question 60

Holding someone for trial on a misdemeanor is usually based on the issuance of an information statement rather than an indictment.

Question 61

A corporate director can be held individually liable for a crime the director committed on behalf of the corporation,but cannot be held liable for crimes committed by his or her subordinates.

Question 62

No federal law prohibits identity theft because regulation of that area is left to the individual states.

Question 63

Signing someone else's name to a check is considered forgery regardless of whether there was intent to deceive.

Question 64

The exclusionary rule specifies those people and companies that are exempt from certain procedural due process rights.

Question 65

The Money Laundering Control Act,in part,applies to any illegal monetary transactions conducted through financial institutions,regardless of the amount.

Question 66

The crime of commercial bribery is also referred to as corporate extortion.

Question 67

Extortion of public officials is called extortion under color of non-professional right.

Question 68

RICO stands for the Racketeer Influenced and Corrupt Organizations Act.

Question 69

The Fifth Amendment privilege against self-incrimination applies only to natural persons and not to corporations and partnerships.

Question 70

The First Amendment to the U.S.Constitution protects persons and corporations from overzealous investigative activities by the government.

Question 71

A distinguishing characteristic of embezzlement is that the wrongdoer initially had proper custody or access to the property that was embezzled.

Question 72

The prohibition against double jeopardy prevents a defendant from being tried for crimes in two different jurisdictions if the crimes arise out of the same conduct.

Question 73

RICO has been applied to defendants who have no connections to organized crime.

Question 74

The crime of embezzlement is the negligent conversion of property by a person to whom that property was entrusted.

Question 75

The Counterfeit Access Device and Computer Fraud and Abuse Act (CFAA)makes it a federal crime to access a computer knowingly to obtain restricted federal government information,financial records of financial institutions,or consumer reports of consumer reporting agencies.

Question 76

Persons convicted of money laundering can be fined up to $500,000 or twice the value of the property involved in the crime.

Question 77

Search warrants are not required for searches of business premises for businesses in certain heavily-regulated industries.

Question 78

Federal law cannot prosecute crimes perpetrated over the Internet because it has no jurisdiction over World Wide Web matters.Such crimes may only be prosecuted in international courts.

Question 79

Extortion of private persons is commonly referred to as blackmail.

Question 80

Embezzlement requires a taking of property by force.