Deck 8: Criminal Law and Cyber Crime

Question 1

Which two elements are required to find a defendant guilty of an intent crime?

A)criminal act and criminal intent
B)victim and criminal intent
C)criminal act and proof of gain
D)motive and criminal intent

Answer 1

A

Question 2

________ include environmental laws,securities laws,and antitrust laws and provide for criminal violations and penalties.

A)Regulatory statutes
B)Constitutions
C)Charters
D)Resolutions

Answer 2

A

Question 3

Explain the role of penal codes and regulatory statutes in criminal law.

Answer 3

Statutes are the primary source of criminal law.Most states have adopted comprehensive penal codes that define in detail the activities considered to be crimes within their jurisdictions and the penalties that will be imposed for their commission.A comprehensive federal criminal code defines federal crimes.In addition,state and federal regulatory statutes often provide for criminal violations and penalties.The state and federal legislatures are continually adding to the list of crimes.The penalty for committing a crime may consist of the imposition of a fine,imprisonment,both,or some other form of punishment.

Question 4

________ is defined as the substantial likelihood that a person either committed or is about to commit a crime.

A)Reasonable suspicion
B)Reasonable doubt
C)Probable cause
D)Preponderance of evidence

Question 5

A civil lawsuit does not require a unanimous jury vote.

Question 6

Who is the plaintiff in a criminal lawsuit?

A)the respondent
B)the government
C)a private party
D)the victim

Question 7

________ crimes require that the perpetrator either knew or should have known that his or her actions would lead to harmful results.

A)General intent
B)Nonintent
C)Specific intent
D)Explicit intent

Question 8

If the accused cannot afford a private defense lawyer,the government will provide one free of charge.

Question 9

In a criminal lawsuit,the government is represented by a lawyer called a defense attorney.

Question 10

A collection of criminal statutes is referred to as a ________.

A)constitution
B)bill
C)charter
D)penal code

Question 11

A(n)________ is considered a less serious crime than a felony and is not inherently evil but prohibited by society.

A)indictable offence
B)violation
C)felony
D)misdemeanor

Question 12

A(n)________ is a document for a person's detainment that is based on a showing of probable cause that the person committed a crime.

A)no-knock warrant
B)possessory warrant
C)execution warrant
D)arrest warrant

Question 13

In the United States,what recourse does an accused person have in case he or she cannot afford a private defense lawyer?

A)The government will provide an attorney to the accused free of charge.
B)The accused will have to spend his or her time in jail until he or she can obtain enough money to afford an attorney.
C)A public defender will be appointed to the accused by the government for a nominal fee.
D)He or she will have to defend himself or herself when the trial starts.

Question 14

Tim Talon has been found by a court of law to be guilty of reckless driving and killing a pedestrian as a consequence.His defense was that he was driving under the influence of alcohol and lost control of his automobile.He was subsequently punished for his crime.How would the court classify Tim Talon's case for intent?

A)general intent crime
B)criminal intent crime
C)nonintent crime
D)specific intent crime

Question 15

A crime is the violation of a statute for which the government imposes a punishment.

Question 16

A person charged with a crime in the United States is presumed innocent until proven guilty.

Question 17

________ are the most serious of crimes and are considered inherently evil.

A)Infractions
B)Misdemeanors
C)Felonies
D)Summary offences

Question 18

In a criminal lawsuit,guilt has to be proven beyond any reasonable doubt.

Question 19

A person found speeding is considered to have committed a(n)________.

A)indictable offence
B)violation
C)felony
D)misdemeanor

Question 20

Monetary damages and equitable remedies are provided in a civil lawsuit.

Question 21

A(n)________ is an agreement in which the accused admits to a lesser crime than charged,and in return,the government agrees to impose a lesser sentence than might have been obtained had the case gone to trial.

A)plea bargain
B)indictment
C)arraignment
D)nolo contendere

Question 22

The case against the accused is dismissed if neither an indictment nor an information statement is issued.

Question 23

Discuss receiving stolen property as a crime.

Question 24

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

Question 25

________ is a crime that involves the willful or malicious burning of a building.

A)Larceny
B)Arson
C)Battery
D)Embezzlement

Question 26

Which of the following crimes is an example of a white-collar crime?

A)larceny
B)arson
C)forgery
D)battery

Question 27

What is nolo contendere in legal proceedings?

A)a plea by which the defense attorney sets out reasons as to why the case should not go to trial
B)a guilty plea where the defendant does not admit the act and asserts innocence though there is sufficient evidence against the defendant
C)a plea where the accused agrees to the imposition of a penalty but does not admit guilt
D)a plea by which the defense attorney exhibits evidence that the defendant is not fit to stand for trial

Question 28

When is the felony murder rule applied?

A)when the murder was committed without intent while committing another crime
B)when the crime involves the intended murder of another person
C)when the felon in the case was killed while the crime transpired
D)when the reason for the death is found to be involuntary manslaughter

Question 29

The fraudulent making or alteration of a written document that affects the legal liability of another person is called ________.

A)extortion
B)larceny
C)embezzlement
D)forgery

Question 30

Which of the following statements best describes a difference between indictments and information statements?

A)Indictments are issued by a grand jury, while an information statement is issued by a magistrate.
B)Indictments are issued before a trial, while an information statement is issued after a trial.
C)Information statements are issued without determining guilt, while an indictment is issued where guilt is evident.
D)Information statements are issued to dismiss a case before it goes to trial, while an indictment is issued to bring a case to trial.

Question 31

Why do governments and defendants enter into plea bargains?

Question 32

A(n)________ is a charge of having committed a crime,usually a felony,based on the judgment of a grand jury.

A)indictment
B)information statement
C)arraignment
D)plea

Question 33

A jury that cannot come to a unanimous decision about the defendant's guilt is called a(n)________.

A)open jury
B)grand jury
C)hung jury
D)struck jury

Question 34

The wrongful or fraudulent taking of another's personal intangible properties such as trade secrets,computer programs,and other business property is considered as a(n)________.

A)larceny
B)robbery
C)aggravated burglary
D)aggravated robbery

Question 35

An indictment is a charge of guilt against the defendant.

Question 36

At what stage of the criminal procedure is the accused asked to enter a plea?

A)when the accused is being booked
B)when the accused is taken to an arraignment
C)when the accused is being arrested
D)when an indictment or information statement is being issued

Question 37

If a defendant is found not guilty in a criminal case,the government can retry the case with a new jury.

Question 38

What is the necessary condition for an accused person to be found guilty by a jury?

A)At least half the jurors have to find the defendant guilty of the crime.
B)All the jurors have to unanimously agree that the defendant is guilty of the crime.
C)More than 50 percent of the jurors have to find the defendant guilty of the crime.
D)The jury's verdict has to be approved by the presiding judge.

Question 39

Roland and Kelly were involved in a car accident in which Kelly was badly injured and had to be hospitalized.After investigation,it was found that Roland's negligence was the cause of the accident.He was duly charged with reckless driving,which is classified as a crime.What action should Roland take to avoid being sued by Kelly,who held him liable for her injuries and subsequent hospital bills?

A)enter into a plea of nolo contendere
B)plead not guilty and go to trial
C)enter into a plea bargain with the government and pay a nominal penalty set by the government
D)plead guilty and serve the punishment set by the government as it will serve as the all-binding punishment for the crime

Question 40

Theft committed by an unauthorized entry through an unlocked door would be considered burglary.

Question 41

The government can forfeit any property involved in a money laundering offense.

Question 42

Extortion of public officials is called extortion under color of official right.

Question 43

Criminal fraud is the crime of obtaining title to property through deception or trickery.

Question 44

Extortion of private persons is commonly referred to as blackmail.

Question 45

Discuss mail fraud and wire fraud.

Question 46

The Information Infrastructure Protection Act makes it a crime for anyone to access and acquire information intentionally from a protected computer without authorization.

Question 47

The ________ makes it a federal crime for anyone to access and acquire information intentionally from a protected computer without authorization.

A)Identity Theft and Assumption Deterrence Act
B)Information Infrastructure Protection Act
C)Counterfeit Access Device and Computer Fraud and Abuse Act
D)Racketeer Influenced and Corrupt Organizations Act

Question 48

Richard Bell,an organized crime boss and casino owner,has made a lot of money with his illegal drug operations and illegal gambling.He stashes away most of this drug money in personal lockers.In order to make it look like he earned it legitimately,Richard hired crooks to take the drug money and spend it in Richard's casinos in discreet amounts.The crooks are supposed to lose the money on purpose so that the casino can claim this as winnings.The crooks are then paid a small amount for their services.What crime is Richard committing in converting his drug money to alleged legal money?

A)misappropriation
B)embezzlement
C)money laundering
D)extortion

Question 49

________ is the fraudulent conversion of property by a person to whom that property was entrusted.

A)Bribery
B)Extortion
C)Embezzlement
D)Forgery

Question 50

The Racketeer Influenced and Corrupt Organizations Act (RIC
O)applies only to organized crimes.

Question 51

The offeror cannot be found liable for the crime of bribery if the person to whom the bribe is offered rejects the bribe.

Question 52

________ is a crime in which one person gives another person money,property,favors,or anything else of value for a favor in return.

A)Battery
B)Bribery
C)Larceny
D)Embezzlement

Question 53

In a criminal conspiracy,the commission of the act is not necessary.

Question 54

A crime that is committed using computers,e-mail,the Internet,or other electronic means is commonly referred to as ________.

A)larceny
B)cybercrime
C)forgery
D)mail fraud and wire fraud

Question 55

Give an account of the Racketeer Influenced and Corrupt Organizations Act (RIC
O)in business law.

Question 56

Mark and Jack work as clerks at the New Bank of North America,which they plan to rob.In order to plan and execute the robbery,Mark and Jack obtained the floor plans of the bank and studied the security arrangements and movements of security personnel.They even got weapons,in case force is required,as they plan to rob the bank during working hours.But the police got information about the plan and arrested Mark and Jack,and thus prevented the robbery from taking place.Which of the following crimes has been committed by Mark and Jack?

A)criminal conspiracy
B)extortion
C)money laundering
D)larceny

Question 57

Which of the following does the Money Laundering Act prohibit?

A)the fraudulent conversion of property by a person to whom that property was entrusted
B)obtaining property from another, with his or her consent, induced by wrongful use of actual or threatened force
C)the use of mails or wires to defraud another person
D)knowingly engaging in a financial transaction that involves the proceeds of an unlawful activity

Question 58

Persons injured by a Racketeer Influenced and Corrupt Organizations Act (RIC
O)violation can bring a private civil RICO action against the violator.

Question 59

The crime of ________ involves the obtaining of property from another,with his or her consent,induced by wrongful use of actual or threatened force,violence,or fear.

A)bribery
B)extortion
C)money laundering
D)embezzlement

Question 60

Crimes committed by businesspersons are referred to as blue-collar crimes.

Question 61

The Fifth Amendment to the U.S.Constitution provides that no person shall be compelled in any criminal case to be a witness against himself.

Question 62

Which of the following amendments to the U.S.Constitution protects criminal defendants from cruel and unusual punishment and also protects criminals from torture?

A)Fifth Amendment
B)Eighth Amendment
C)Fourth Amendment
D)Fourteenth Amendment

Question 63

Corporations and businesses can seek protection under privilege against self-incrimination.

Question 64

Which of the following types of protection does the Fourth Amendment provide to U.S.citizens?

A)protection against self-incrimination
B)protection against being tried for the same case twice
C)protection from unreasonable search and seizure by the government
D)protection from cruel and unusual punishment for a criminal defendant

Question 65

Discuss identity theft as a cybercrime.

Question 66

According to the ________,evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trial or an administrative proceeding against the person searched.

A)presumption of innocence doctrine
B)double jeopardy rule
C)exclusionary rule
D)Miranda rights

Question 67

The exclusionary rule allows for evidence obtained from an unreasonable search and seizure to be introduced in trial.

Question 68

The Miranda rights assure the arrested that a lawyer will be appointed to the arrested if he or she cannot afford one.

Question 69

The Fifth Amendment protects people from unreasonable search and seizure by the government.

Question 70

Warrantless searches are permitted where it is likely that evidence will be destroyed.

Question 71

A confession of a person who has not been read the Miranda rights is not admissible in court.

Question 72

In which of the following circumstances is a warrantless search permitted?

A)if evidence is not in plain view
B)if evidence is likely to be destroyed
C)if the suspect has been previously convicted
D)if there is no probable cause

Question 73

The Miranda rights refer to the ________ provision of the Fifth Amendment of the U.S.Constitution.

A)double jeopardy
B)unreasonable searches and seizures
C)privilege against self-incrimination
D)parole eligibility

Question 74

Obtaining nontestimonial evidence like fingerprints and body fluids violates the privilege against self-incrimination provision.

Question 75

The attorney-client privilege can only be raised by the defendant.

Question 76

The Double Jeopardy Clause of the Fifth Amendment protects persons from ________.

A)evidence procured through unreasonable search and seizures
B)confessions obtained through physical force during an interrogation
C)being tried twice for the same crime
D)being subjected to a heavier penalty or longer imprisonment than originally sentenced

Question 77

Which of the following rights was provided under the Sixth Amendment?

A)right against self-incrimination
B)right to public jury trial
C)right to due process
D)double jeopardy

Question 78

Gregory Aimes,who is being tried for murder,has appointed Linda Steve as the attorney for his defense.When being questioned about the case,Gregory confesses to Linda that he committed the murder.Linda cannot divulge this information to the proper authorities due to the attorney-client privilege wherein all information exchanged between the client and the attorney is confidential.Under which of the following conditions can Linda lawfully break away from her attorney-client privilege with Gregory?

A)if Gregory asks that Linda be replaced as his attorney
B)if Linda voluntarily resigns as Gregory's attorney
C)if Gregory is acquitted of all charges in the case
D)if Gregory discloses a planned future murder to Linda

Question 79

Which of the following would violate the Double Jeopardy Clause?

A)The criminal act violates more than one jurisdiction, and each jurisdiction tries the accused in turn.
B)A case reaches a hung jury in court, and the government reopens the case with a new jury.
C)A person is tried for a case similar to one of which he was acquitted earlier.
D)The government reopens a case after new incriminating evidence is found against an acquitted person.

Question 80

Merely observing data on a protected computer without authorization does not amount to a federal crime.