Deck 14: Criminal Law.

Question 1

The erroneous admission at trial of a coerced confession will not always automatically require that the conviction be overturned.

Answer 1

True

Question 2

Under strict liability,a defendant can be guilty of a crime regardless of his or her state of mind.

Answer 2

True

Question 3

The Seventh Amendment grants the defendant in most criminal prosecutions the right to the assistance of counsel.

Answer 3

False

Question 4

State laws imposing criminal sanctions for security law violations are called blue sky laws.

Question 5

A sales representative cannot legally accept a kickback from a purchaser of his or her employer's products.

Question 6

Criminal recklessness is when a person consciously intends to cause the harmful result.

Question 7

In the case of a felony,many states require a preliminary hearing so the prosecutor can present probable cause that the defendant committed the crime.

Question 8

A person commits perjury when he or she takes an oath to tell the truth and states a material matter the witness believed to be true or untrue.

Question 9

In CASE 14.1 Riley v.California (2014)while in custody after an arrest,defendant received phone calls from a number identified as "my house." The police inspected the information on defendant's phone and ascertained his address,secured a warrant,and recovered contraband which was introduced in the case against the defendant.The main issue on appeal before the U.S.SupremeCourt waswhether police may search the contents of an arrestee's cell phone without a search warrant.

Question 10

Requiring a person to appear in a lineup does not violate the Fifth Amendment privilege against self-incrimination.

Question 11

Phising involves tricking victims into divulging personal information (especially credit card information)over the Internet.

Question 12

The mens rea for recklessness involves the same elements and standards as those required for intentional wrongdoing.

Question 13

The Model Prison Code is a set of criminal law statutes that were proposed by the National Conference of Commissioners on Uniform state Laws for adoption by the states.

Question 14

The Fifth Amendment grants the criminal defendant a right to a trial by jury.

Question 15

An arrest is considered a seizure under the Fourth Amendment.

Question 16

In theBond v.United States case referenced in the text,the U.S.Supreme Court held that a border patrol officer cannot touch or squeeze a bus passenger's carry-on bag placed in the overhead rack,even though other passengers might also be expected to touch the bag.

Question 17

Most computer-aided thefts can be prosecuted under traditional state larceny laws.

Question 18

A jury trial is not required in cases in which the authorized punishment for the charged offense is six months or less.

Question 19

Evidence illegally obtained by the police in violation of the Fourth Amendment will be excluded from trial whether or not the police acted in good faith.

Question 20

A misdemeanor is a crime punishable by a fine or a jail sentence of one year or less.

Question 21

A(n)__________ is a court order based on an agreement by the defendant corporation to take measures to remedy the problem that led to the criminal charges.

A) ex post facto agreement
B) nolo contendere
C) consent decree
D) warrant agreement

Question 22

Under the __________,a statement made by a defendant in custody is admissible only if the defendant was informed prior to police interrogation of his or her constitutional rights.

A) forced self-incrimination rule
B) double jeopardy rule
C) Miranda warnings
D) due process right

Question 23

The defendant formally pleads guilty or not guilty at the:

A) arraignment.
B) preliminary hearing.
C) indictment.
D) trial.

Question 24

__________ prohibits the testimony of the witness from being used against him in any way.

A) Transactional immunity
B) Use immunity
C) Nolo contendere
D) Plea bargaining

Question 25

The Racketeer Influenced and Corrupt Organizations Act (RICO)was originally designed to combat corporate crime.

Question 26

__________ for arrest is defined as a reasonable belief that the suspect has committed a crime or is about to commit a crime.

A) Probable cause
B) Support
C) Probable reason
D) Reasonable cause

Question 27

Evidence found as the result of an illegal search may be characterized as:

A) irrelevant.
B) the fruit of the poisonous tree.
C) prosecutorial misconduct.
D) tainted goods.

Question 28

The United States v.Jones case discussed in the text,involved a question of a GPS tracking device placed on car that was tracked for over a month.The U.S.Supreme Court held that installing the device was:

A) a search incident to a lawful arrest, and did not require a search warrant.
B) analogous to a traffic stop in plain view, and therefore did not require a traffic stop.
C) "negligible" trespass on private property, which did not require a search warrant.
D) a trespass on private property, which required a search warrant.

Question 29

Where may U.S.federal criminal offenses be found?

A) The United States Code
B) The Code of Federal Regulations
C) Both the United States Code and the Code of Federal Regulations
D) The United States Code, the Coe of Federal Regulations, and the Model Penal Code

Question 30

The Computer Fraud and Abuse Act makes the accidental transmission of computer viruses illegal.

Question 31

Which of the following is NOT an exception to the warrant requirement for a lawful search?

A) A search when the owner or a person who appears to have authority voluntarily and intelligently consents to the search.
B) A search of a residence if there is probable cause to believe evidence of a crime will be found.
C) Anything discovered by police in plain view if the officers are legitimately on the premises.
D) A stop and frisk of a suspect if the officer reasonably believes the suspect is dangerous.

Question 32

Which of the following is NOT true regarding the plea of nolo contendere?

A) It means that the defendant contests the charges.
B) For the purposes of criminal proceedings, it is equivalent to a guilty plea.
C) It cannot be introduced at a subsequent civil trial.
D) It may be used by corporate defendants who anticipate civil suits based on the same activity for which they face criminal charges.

Question 33

Criminal law protects society principally by:

A) vindicating society's values.
B) compensating the victim.
C) punishing the criminal.
D) defining the rules of social behavior.

Question 34

A __________ is any crime that is punishable by death or imprisonment for more than one year.

A) misdemeanor
B) felony
C) federal offense
D) white collar crime

Question 35

In theKyllo v.United Statescasereferenced in the text,the U.S.Supreme Court addressed the question of whether the police may use infrared thermal-image scanners to scan homes without a warrant in order to find artificial heat sources,such as heat being released from grow lights for hidden marijuana crops.How did the Court rule?

A) That the police may not use infrared thermal-image scanners to scan homes without a warrant.
B) That the police may use infrared thermal-image scanners to scan homes without a warrant.
C) That the police may use infrared thermal-image scanners to scan homes without a warrant only if the police received a tip from an informant that the process would reveal criminal activity.
D) That the police may use infrared thermal-image scanners to scan homes without a warrant only if the home owner had previously been arrested for an offense involving drug trafficking.

Question 36

Which of the following is NOT true regarding seizures and searches after a traffic stop by a police officer?

A) If a police officer makes a traffic stop that is objectively justified by probable cause to believe a traffic violation has occurred, then it is irrelevant that the police officer might have used the violation only as a pretext to stop the car.
B) Police officers need not inform detained drivers that they are "legally free to go" before asking for consent to search their vehicles.
C) A police officer may order passengers out of a vehicle during the course of a traffic stop.
D) Without driver consent, a police officer can conduct a full car search after issuing a routine traffic citation.

Question 37

The term actus reus is often used to describe a guilty:

A) thought.
B) mind.
C) deed.
D) intent

Question 38

Under the __________ of the U.S.Constitution,a person can be convicted of a crime only if his or her actions constituted a crime at the time they occurred.

A) Nolo Contendere Clause
B) Ex Post Facto Clause
C) First Amendment
D) Sentencing Clause

Question 39

The number of U.S.federal criminal offenses is in the range of:

A) 300.
B) 1,000.
C) 5,500.
D) 19,500.

Question 40

Which of the following types of immunity prohibits any criminal prosecution of a witness that relates to any matter discussed in his or her testimony?

A) Transactional
B) Use
C) Nolo contendere
D) Plea

Question 41

Greg has too much to drink at a local bar.He yells out that Lynette,who was in the bar and had just turned him down for a date,is loose with her affections and has even been guilty of stealing money from the wallets of her dates.Those allegations are untrue.In fact,Lynette is a Sunday school teacher who does not drink and was only in the bar accepting donations for a local charity.Lynette promptly slaps him,and he pushes her away.Unfortunately for Greg,a police officer is present in the bar and arrests Greg.Based on the altercation,Greg pays a hefty fine and spends 24 hours in jail for violation of the jurisdiction's criminal battery statute.The next week,Greg receives a civil complaint filed by Lynette for defamation and a civil cause of action for battery.Greg says that he already paid for the offense and that he should not be prosecuted twice.What should Greg do?

A) Greg should file a motion to dismiss Lynette's suit which should be granted because of the bar against double jeopardy.
B) Greg should file a motion to dismiss Lynette's suit which should be granted because of the bar against double jeopardy, and he should also sue Lynette for malicious prosecution.
C) Since he can be held either civilly or criminally liable, but not both, Greg should consent to proceed with the civil action and move to have the criminal conviction set aside because the civil action will not look as bad on his record.
D) He should try to settle with Lynette because the criminal conviction is no defense to civil liability.

Question 42

A valid search warrant must be:

A) supported by an oath and be based on reasonable cause.
B) supported by an oath, and describe in specific detail what is to be searched or seized.
C) supported by an informant.
D) issued at least 24 hours before the search.

Question 43

Which of the following refers to private plaintiffs bringing actions from persons submitting false claims for government funds?

A) Pro se litigants
B) Qui tam plaintiffs
C) Affiliated litigants
D) State-controlled plaintiffs

Question 44

In theUnited States v.Forrestercase referenced in the text,the Ninth Circuit Court of Appeals addressed the issue of whether,without a search warrant,the government can obtain e-mail addresses and information regarding Internet sites visited through installation of a surveillance device at the location of the Internet service provider.How did the court rule?

A) That the government violated the defendant's constitutional rights because no warrant was obtained.
B) That obtaining the information did not constitute a Fourth Amendment search, because the defendant did not have an expectation to privacy in emails or websites he visited.
C) That obtaining the information constituted a Fourth Amendment search, but that the defendant's constitutional right to privacy were not violated.
D) That obtaining the information did not constitute a Fourth Amendment search, but that the defendant's due process rights were violated.

Question 45

In a criminal case,the accused is presumed innocent until proven guilty:

A) by a preponderance of the evidence.
B) by clear and convincing evidence.
C) beyond a reasonable doubt.
D) by a preponderance of the evidence for some offences and beyond a reasonable doubt for others.

Question 46

The __________ makes it a crime for any U.S.firm or any firm controlled by a U.S.firm to make payments to an official of a foreign government in an attempt to influence the actions of the official.

A) Illegal Bribery Prohibition
B) Foreign Corrupt Practices Act
C) Extraterritorial Reach Prohibition
D) Foreign Bribery Act

Question 47

The __________ prohibits the introduction of evidence offered as proof of guilt in a criminal trial that was illegally obtained in violation of the Fourth Amendment.

A) exclusionary rule
B) involuntary evidence bar
C) good faith exception
D) inevitable discovery exception

Question 48

Which of the following statements is NOT true regarding the warrant requirement of the Fourth Amendment?

A) Some stops and searches may be justified without a search warrant.
B) The Supreme Court has permitted a warrantless search of garbage cans placed at curbside for collection.
C) An arrest warrant is generally required for arrests in the suspect's own home.
D) A search warrant is required for the government to search an individual's bank records.

Question 49

In a criminal prosecution,which of the following is true regarding evidence that the prosecution must share with the defendant?

A) The prosecution must share evidence that the defendant requests.
B) The prosecution must share any exculpatory evidence regardless of whether the defendant requested it.
C) The prosecution must share evidence that the defendant requests, and the prosecution must also share any exculpatory evidence regardless of whether the defendant requested it.
D) The prosecution is not required to share any evidence with the defendant.

Question 50

__________ liability is the imposition of liability on one party for the wrongs of another.

A) Vicarious
B) Validity
C) Relator
D) Absolute

Question 51

Benji,a truck driver,is told by his boss,Penny,to quickly deliver a load of steel and to get to the location within an hour regardless.Benji replied,"That's impossible-I'd have to go 90 miles per hour to do that." Penny said,"Well,you'd best get started." Not surprisingly,Benji was stopped by a highway patrol officer and fined for both speeding and reckless driving.When he went to court,Benji told the judge that he should be found innocent because he was only acting upon orders of his boss,Penny.Is Benji correct?

A) Yes.
B) No.
C) Yes, but only if he can establish that he had a written contract obligating him to follow Penny's orders.
D) Yes, but only if he has no previous record of speeding.

Question 52

Fact Pattern 14-1
Beatrice, a bank teller, was angry with her employer, Big Bank, because she did not get a raise. Each day she begins to keep for her own use small amounts out of funds deposited by customers at her station. Eventually, she is caught when customers begin to complain about discrepancies, and bank officials conduct surveillance of her actions. Big Bank is very unpopular in the community because of a number of foreclosures. The trial against Beatrice results in a hung jury when the twelve jurors are hopelessly deadlocked, probably because of their dislike of Big Bank. Beatrice is thrilled and believes that she can forget about the whole mess although her cell mate tells her that she may not be out of the woods yet.
Refer to Fact Pattern 14-1.What crime had Beatrice committed?

A) Larceny
B) Embezzlement
C) Robbery
D) Both robbery and embezzlement

Question 53

Sherdon really wants to buy a new $40,000 boat,but lacks the funds with which to do so.He spends some amount of time thinking about robbing the local bank.He casually mentions to his wife,Pearl,that he has such thoughts.A few weeks later Pearl leaves Sherdon for the local mail carrier.Pearl and Sherdon get in a dispute regarding splitting up their property.In a fit of anger,Pearl calls law enforcement and informs on Sherdon for thinking about the bank robbery.The police arrest Sherdon.Which of the following is the most likely result assuming Pearl is believed by a judge and jury?

A) Sherdon should be released because he has committed no crime.
B) Sherdon should be found guilty of plotting to commit a felony.
C) Sherdon should be found guilty of conspiracy.
D) Sherdon should be found guilty of the misdemeanor offense of "wrongful contemplation."

Question 54

CASE 14.2 United States v.Freed (2006)involved a trustee of the Enota campground and alleged violations of National Forest Service regulations.The trustee was convicted at trial.On appeal,the court addressed whether the __________ applied to the trustee and her conviction.

A) Responsible Corporate Officer doctrine
B) impossibility defense
C) mens rea defense
D) respondeat superior defense

Question 55

TheUnited States v.Stein case referenced in the text,addressed the question of whether the constitutional rights of the defending accountants were violated when the government pressured their former employer into ending its policy of paying attorney fees.How did the Court rule?

A) The actions of the government violated the constitutional rights of the defendants resulting in the dismissal of indictments against defendants.
B) The actions of the government violated the constitutional rights of the defendants but the indictments issued against them were not dismissed.
C) The actions of the government did not violate the constitutional rights of the defendants, primarily because white collar crime was involved.
D) The actions of the government did not violate the constitutional rights of the defendants because the defendants could afford to pay their own attorneys.

Question 56

Fact Pattern 14-1
Beatrice, a bank teller, was angry with her employer, Big Bank, because she did not get a raise. Each day she begins to keep for her own use small amounts out of funds deposited by customers at her station. Eventually, she is caught when customers begin to complain about discrepancies, and bank officials conduct surveillance of her actions. Big Bank is very unpopular in the community because of a number of foreclosures. The trial against Beatrice results in a hung jury when the twelve jurors are hopelessly deadlocked, probably because of their dislike of Big Bank. Beatrice is thrilled and believes that she can forget about the whole mess although her cell mate tells her that she may not be out of the woods yet.
Refer to Fact Pattern 14-1.Can Beatrice be tried again for the same crime?

A) No, because of the double jeopardy bar.
B) Only if at least five of the jurors voted in her favor to acquit her.
C) Only if at least six of the jurors voted in her favor to acquit her.
D) Yes.

Question 57

Paul suspects that his girlfriend Jen,who does a significant amount of photography on a freelance basis from her home,is cheating on her income taxes.One day he and Jen have a big argument,and she tells him to get lost.The next weekend,while Jen is out with her new boyfriend,Paul uses his spare key to her house and goes in to her home office.He goes through the records she keeps of her receipts and checks,as well as copies of her income tax filings.Just as he suspected,Jen was taking significant cash payments without paying tax.He took the incriminating records to the Internal Revenue Service.Jen was later arrested for income tax evasion.She tells her lawyer that she wants to defend on the basis that Paul violated her Fourth Amendment rights by conducting an illegal search.Which of the following is true regarding her claim?

A) She is correct that her Fourth Amendment rights were violated by the search, and the evidence Paul obtained should be excluded from the trial.
B) She is correct that her Fourth Amendment rights were violated by the search, but the evidence Paul obtained should not be excluded from the trial.
C) She is correct that her Fourth Amendment rights were violated; but the evidence will be excluded from trial only if she can establish that she had requested that Paul return the key, and he had wrongfully refused to do so.
D) She is incorrect in asserting that her Fourth Amendment rights were violated by Paul's actions.

Question 58

Which of the following statements is NOT true regarding the Sixth Amendment right to have the assistance of counsel for criminal proceedings?

A) The accused has the right to use his or her own attorney.
B) Once in custody, the accused must be informed of the right to counsel.
C) The assistance of counsel must be effective.
D) There is no constitutional right to counsel on any appeal of a verdict.

Question 59

Under the __________ a corporate officer may be found guilty of a crime if she bore a "__________" to a violation of a statute dealing with "products that may affect the __________."

A) Responsible Corporate Officer doctrine, responsible relation, health of consumers
B) Direct Liability doctrine, responsible relation, health of consumers
C) Vicarious Liability doctrine, responsible relation, health of consumers
D) Responsible corporate officer doctrine, supervisory relation, privacy of consumers

Question 60

Which of the following is true of the death penalty in China?

A) More than 60 crimes carry the death penalty including tax fraud and bribery.
B) Less than 5 crimes carry the death penalty because it is limited to crimes involving the most serious offenses such as murder.
C) While it is currently in effect for some crimes, it is outlawed beginning in 2015.
D) The death penalty is currently outlawed.

Question 61

Officer Sam obtained a search warrant to search Susie's apartment based upon a tip from Alice,an informant,to the effect that Susie was selling drugs.Alice had actually lied to Sam because she was angry with Susie for going out with Alice's boyfriend.Sam was suspicious of all the tenants in Susie's building and got a search warrant authorizing a search of the building for anything illegal.In Susie's apartment he found a small amount of marijuana that Susie used personally.Alice started feeling guilty and confessed that she had lied about the whole matter.Susie is being prosecuted.Does she have any defense based upon the warrant? Why or why not?

Question 62

Set forth what is prohibited by RICO and what must be shown to establish a violation of the Wire and Mail Fraud Acts.Reference in what manner the U.S.Supreme Court has construed the term "fraud" in relation to the Wire and Mail Fraud Acts.

Question 63

Dave has been arrested in connection with a recent string of burglaries.While he was in custody,he was shown falsified laboratory results that connected him with the crimes.Based on the false evidence,Dave confessed to the crimes during interrogation.Dave was then given his Miranda warnings and booked.What constitutional rights may Dave assert to prevent his confession being used against him at trial? Does the state have any defenses available? Discuss fully.

Question 64

Set forth five of the nine factors used by the Department of Justice to decide whether to indict a corporation.

Question 65

Fully discuss limitations on the protection against double jeopardy.

Question 66

In relation to the obligation to provide business records and papers for a criminal prosecution,discuss fully the Fifth Amendment protection for such business records and papers in regard to corporations and also in regard to any custodian of such records.

Question 67

The Fifth Amendment protects citizens from involuntary self-incrimination.Discuss the application of this constitutional protection in the following areas: a statement made by a defendant in custody prior to receiving Miranda warnings when the police intentionally,rather than mistakenly,delayed in providing the warnings; a blood sample given by a defendant; a handwriting sample given a defendant; required participation in a lineup.Explain transactional and use immunity.How does each affect a person's right not to testify under oath? Discuss fully.