Deck 5: Criminal Law and Business

Question 1

Misdemeanors are not considered to be crimes.

Answer 1

False

Question 2

A crime is an offense against the state.

Answer 2

True

Question 3

The punishments for crimes are determined by legislatures.

Answer 3

True

Question 4

It is believed that almost all crimes against persons are reported to the police.

Question 5

Misdemeanors are less serious crimes generally punishable by less than a year in prison.

Question 6

The punishments for crimes are determined at the discretion of a court at trial.

Question 7

Crimes against persons are more common than crimes against property.

Question 8

Felonies are serious crimes generally punishable by more than a year in prison.

Question 9

All crimes are felonies.

Question 10

A crime may be a positive act that violates the penal law of a government.

Question 11

Acts may be designed as crimes by either the federal or state governments.

Question 12

A crime is an act that "violates human rights."

Question 13

When crimes are given class (Class A, Class B, etc,) or degree classifications, the higher level classes (Class A) are subject to heavier penalties than lower level classes.

Question 14

State governments may designate crimes only after the federal government has given permission to the states to make such laws.

Question 15

Legally, a misdemeanor is a crime.

Question 16

Serious violations of common-law rights can result in private prosecution of criminal acts.

Question 17

What are called "victimless crimes" are actually not crimes at law.

Question 18

Each state has a criminal code and the federal government also has a criminal code.

Question 19

Criminal penalties are imposed for Class A offenses of civil laws.

Question 20

By definition, all crimes are against persons, not property.

Question 21

If you accidentally drive the wrong way on a highway and kill someone in an accident, since it was an accident, there can be no criminal prosecution.

Question 22

Legislatures decide the range of punishments that may be imposed for crimes.

Question 23

Criminal negligence is not a basis for prosecution for crimes; there must be intent, not negligence, in the commission of a crime.

Question 24

If a person is convicted of a crime, there must be some prison or jail time imposed.

Question 25

The term actus reus means criminal intent or wrongful purpose.

Question 26

Criminal acts may be based on negligence.

Question 27

To be a crime, there must be violence involved in the act, or the possibility of violence.

Question 28

Petty offenses are the same as misdemeanors in some jurisdictions.

Question 29

Government agencies in charge of enforcing criminal statutes decide what the penalties will be for violations.

Question 30

To be convicted of a crime, it must be shown that the accused in fact committed the illegal act.

Question 31

The term mens rea means "the defendant is guilty."

Question 32

The term mens rea means criminal intent or wrongful purpose in the criminal act.

Question 33

Local governments may impose penalties for violations of local ordinances.

Question 34

The term actus reus means a wrongful deed or guilty act.

Question 35

Violations of local ordinances may not result in jail time, only the possibility of a fine.

Question 36

Criminal negligence is carelessness amounting to a disregard of the rights and safety of others.

Question 37

All reported possible criminal acts are investigated and, if credible evidence exists, must be prosecuted.

Question 38

The enforcement of criminal statutes is completely removed from politics.

Question 39

Law enforcement agencies may not investigate or prosecute suspected crimes due to lack of resources.

Question 40

To be convicted of a crime, it must be shown that there was a necessary intent or state of mind to commit the act.

Question 41

Intoxication, when proven, is usually a successful defense to a criminal charge.

Question 42

Warrants are issued by a judge or magistrate upon showing of probable cause by the law enforcement authorities.

Question 43

Warrants are needed to search for evidence, not to arrest suspects.

Question 44

Most crimes must be prosecuted by the state within a certain time period or the right of the state to prosecute for the crime has tolled.

Question 45

When a person is arrested for suspicion of a crime, they are to be read their Miranda rights.

Question 46

The Miranda rights include being told that a person accused of a crime has the right to not say anything.

Question 47

Evidence that is gathered improperly may be used at trial, but the judge and jury must be informed of the problems in obtaining the evidence.

Question 48

Most crimes are subject to a statute of limitations that tells how long the government has to prosecute for a crime or that ability expires.

Question 49

When a person accused of a crime is read their Miranda rights that includes the fact that there is a right to be released after posting bail.

Question 50

Warrants are issued by district attorneys after they review the reasons provided by the policy why a warrant is needed.

Question 51

The standards for gathering evidence are the same in criminal cases and civil cases.

Question 52

If a person is accused of a crime, things they tell the arresting officers may be used as evidence against the accused

Question 53

Self-defense can be used as a legal excuse in a criminal case for why harm was inflicted on another person

Question 54

The statute of limitations for crimes means there is a limit to the length of prison sentences that accompanies various criminal statutes.

Question 55

The exclusionary rule applies to evidence that is improperly gathered.

Question 56

Intoxication and insanity are possible defenses to criminal charges

Question 57

A corporation cannot be charged with a crime since it is not a person.

Question 58

It is estimated that the insanity defense in criminal cases works in about 100,000 criminal charges per year.

Question 59

Police may never search a person or enter property without a warrant.

Question 60

The Miranda rights include being told that a person being accused of a crime has the right to be represented by counsel.

Question 61

At an arraignment, a suspect may be asked to enter a plea.

Question 62

If an employee steals money from an employer and has theft charges brought by the state, the employer must pay for the cost of prosecution.

Question 63

If evidence of a possible crime is presented to a prosecuting attorney, they must bring criminal proceedings against the accused.

Question 64

Nolo contendere means there is no longer a cause for the authorities to consider further charges against a suspect in a criminal matter.

Question 65

A party accused of a crime may plead no contest or nolo contendere.

Question 66

When a prosecutor requests an indictment from a grand jury, one is usually issued.

Question 67

At a criminal trial, the standard for guilt is "beyond a reasonable doubt."

Question 68

White collar crime means a crime committed against a business.

Question 69

When a suspect is brought before a judge for an initial appearance, the judge may order the suspect released.

Question 70

If a person is arrested on suspicion of a crime, they are immediately taken to the grand jury for consideration for an indictment.

Question 71

White collar crimes refer to crimes so designated by Congress in a particular portion of the federal criminal code.

Question 72

When a person is arrested and accused of a crime, an appearance will be made before a judge that is called an arraignment.

Question 73

For a person to be charged with a crime, there must be an indictment by a grand jury.

Question 74

If a jury finds a defendant not guilty of criminal charges in a state court, the same charges may be retried in a federal court.

Question 75

In felony cases, it is not uncommon for the charges to be settled with a plea bargain rather than go to trial.

Question 76

In most criminal cases, the person is not held in jail after the arraignment but before trial.

Question 77

Prosecuting attorneys only review evidence presented to them by the police or other authorities; they do not do their own investigations.

Question 78

A large percentage of criminal cases are settled by plea bargains.

Question 79

A suspect may enter pleas of guilty or not guilty only.

Question 80

At a criminal trial, the standard for guilt is "all probable cause."