Deck 8: Criminal Law and Cyber Crime

Question 1

One purpose of criminal sanctions is to deter others from committing similar crimes in the future. 

Answer 1

True

Question 2

A suspect cannot be tried twice in the same court for the same crime. 

Answer 2

True

Question 3

Constitutional safeguards to protect the rights of individuals apply in federal courts. 

Answer 3

True

Question 4

Corporations,like persons,can be liable for crimes. 

Question 5

The sanctions imposed on criminal wrongdoers are the same as those applied in civil cases. 

Question 6

Public officials prosecute criminal defendants. 

Question 7

A crime can be committed only against persons. 

Question 8

Embezzlement can be committed only by physically taking property from the possession of another. 

Question 9

The Fourth Amendment protects against unreasonable searches by the government. 

Question 10

The purpose of the exclusionary rule is to encourage criminals to provide exclusive evidence of their crimes. 

Question 11

One element that normally must exist for a person to be convicted of a crime is the performance of a prohibited act. 

Question 12

Felonies are punishable by imprisonment for more than a year or death. 

Question 13

All persons who are arrested have the constitutional right to remain silent. 

Question 14

Criminal law spells out the duties that exist between persons or between citizens and their governments. 

Question 15

Under the exclusionary rule,illegally obtained evidence may not be included in any criminal prosecution. 

Question 16

In a criminal case,the state must prove its case by a preponderance of the evidence. 

Question 17

A wrongful mental state is typically required to establish criminal liability. 

Question 18

Falsifying public records or altering a legal document is larceny. 

Question 19

A misdemeanor is a crime punishable only by a fine. 

Question 20

Individuals who are arrested must be informed of certain constitutional rights. 

Question 21

Using radio transmissions to defraud is a federal crime. 

Question 22

Domino causes a disturbance at El Nino Cafe.He is arrested and charged with disorderly conduct,a misdemeanor.A misdemeanor is a crime punish-able by​ 

A) ​a fine only. 
B) ​imprisonment up to one year. 
C) ​imprisonment up to six months. 
D) ​imprisonment up to ten days.

Question 23

Ordinarily,"ignorance of the law" or a mistaken idea about what the law requires is a valid defense to criminal liability. 

Question 24

A kickback for a special favor or service is a form of bribery in some situations. 

Question 25

A company takes a risk by electronically storing their online customers' credit-card numbers. 

Question 26

Sun-Hi,who operates a Pan-Asian restaurant in her apartment,is charged with criminal violations of the local health and building codes,state license regulations,and federal environmental statutes.The standard of proof to find a defendant who has been charged with a crime guilty is​ 

A) ​a preponderance of the evidence. 
B) ​a unanimous verdict. 
C) ​beyond a reasonable doubt. 
D) ​clear and convincing evidence.

Question 27

A person's intent to return embezzled property-or its actual return-is not a defense to the crime of embezzlement. 

Question 28

Counterfeiting is robbery. 

Question 29

No federal statute specifically addresses cyber crime. 

Question 30

A stolen credit card is more likely to hurt the cardholder than a merchant. 

Question 31

Changing a trademark is forgery. 

Question 32

Crimes occurring in a business context are popularly referred to as white-collar crime. 

Question 33

In a phishing attack,the perpetrator "fishes" for financial data and passwords from a consumer by posing as a legitimate business. 

Question 34

Picking pockets is not robbery. 

Question 35

Mike is arrested at a warehouse in North Industrial Park and is charged with the crime of theft.Mike will be prosecuted by​ 

A) ​the owner of the warehouse. 
B) ​the owner of the property that Mike is charged with stealing. 
C) ​a public official. 
D) ​any third party unrelated to Mike, the property, or the crime.

Question 36

A cyberterrorist might target a government agency,but not a business. 

Question 37

Reno,driving while intoxicated,causes a car accident that results in the death of Santo.Reno is arrested and charged with a felony.A felony is a crime punishable by death or imprisonment for​ 

A) ​any period of time. 
B) ​more than one year. 
C) ​more than six months. 
D) ​more than ten days.

Question 38

Racketeering is a new type of crime. 

Question 39

It is not a crime to defraud the public through the use of ads on television. 

Question 40

Ludwig receives from Milo a marimba stolen from Nadine.To be criminally liable,Ludwig must know​ 

A) ​Milo. 
B) ​Nadine. 
C) ​that the marimba is stolen and Ludwig must intend to keep it. 
D) ​what a marimba is.

Question 41

Mariah takes off her ring and places it on her desk while she works.Without her knowledge or consent,her coworker Nita picks up the ring,puts it on,and walks away.Nita has likely committed​ 

A) ​burglary. 
B) ​forgery. 
C) ​larceny. 
D) ​no crime.

Question 42

Skip is accused of a crime.Skip can refuse to provide information about his allegedly criminal activities​ 

A) ​if he suspects the information will be used to prosecute him. 
B) ​if the police do not promise to keep the information confidential. 
C) ​if the information is "fruit of the poisonous tree." 
D) ​under no circumstances.

Question 43

Megan reaches into Ned's pocket and takes his wallet-without his consent and without his immediate awareness.Unlike robbery,picking pockets does not involve​ 

A) ​breaking and entering. 
B) ​force or fear. 
C) ​large amounts of cash. 
D) ​weapons.

Question 44

Chadwick signs Dolores's name,without her authorization,to the back of her paycheck issued by E-Market Solutions,Inc.This is​ 

A) ​embezzlement. 
B) ​forgery. 
C) ​larceny. 
D) ​robbery.

Question 45

Kimberly,the owner of Littleton Cinema,trusts Max to manage the theater's daily cash flow.One night,without Kimberly's knowledge or consent,Max takes and keeps $1,000 from the receipts.This is most likely​ 

A) ​embezzlement. 
B) ​larceny. 
C) ​robbery. 
D) ​burglary.

Question 46

Mona offers Ned,a building inspector,money to overlook the violations in her new warehouse.Ned accepts the money and overlooks the viola-tions.Mona is charged with the crime of bribery.The crime occurred when​ 

A) ​Mona decided to offer the bribe. 
B) ​Mona offered the bribe. 
C) ​Ned accepted the bribe. 
D) ​Ned overlooked the violations.

Question 47

Herb,a computer programmer for Inventory Control Corporation,is arrested in his employer's parking lot on suspicion of larceny.Herb must be informed of his right to​ 

A) ​a trial by jury. 
B) ​punishment. 
C) ​question witnesses. 
D) ​remain silent.

Question 48

Berto pushes Consuela to the ground,grabbing her smartphone as she falls.The use of force or fear is required for this act to constitute​ 

A) ​burglary. 
B) ​any crime. 
C) ​larceny. 
D) ​robbery.

Question 49

Biff wrongfully takes an unopened carton from a Cold Storage Warehouse loading dock,puts the carton in his car,and drives away.This is​ 

A) ​robbery. 
B) ​forgery. 
C) ​larceny. 
D) ​no crime.

Question 50

Robert uses television transmissions to defraud hundreds of people.He is found guilty of wire fraud.He can be punished by​ 

A) ​imprisonment for up to fifty years. 
B) ​imprisonment for up to five years and fines of up to $1,000. 
C) ​fines up to $5 million. 
D) ​death.

Question 51

Edith works for Fast Trades,Inc.,a brokerage that facilitates frequent,quick securities transactions for investors.Edith steals her employer's computer program to start up her own competing business,Go! This is​ 

A) ​obtaining goods by false pretenses. 
B) ​robbery. 
C) ​larceny. 
D) ​no crime.

Question 52

Bruno is a businessperson with investments in legal and illegal opera-tions.Bruno may be subject to penalties under RICO​ 

A) ​for making an unprofitable, but legal, investment. 
B) ​for the commission of any business fraud. 
C) ​only in a case involving a "racket." 
D) ​only in a case involving organized crime.

Question 53

In relation to Edie's solicitation of investors in a nonexistent business,she is charged with "mail fraud." This requires,among other things,​ 

A) ​claiming that an item is "in the mail" when it is not. 
B) ​deceiving postal authorities as to the content of an item of mail. 
C) ​depositing items in the postal system without proper postage. 
D) ​mailing or causing someone else to mail a writing.

Question 54

Suzu,an employee of Ridgeline Credit Union,deposits into her account checks entrusted to the credit union through its ATM system by customers to deposit into their accounts.This is​ 

A) ​burglary. 
B) ​embezzlement. 
C) ​larceny. 
D) ​mail and wire fraud.

Question 55

Nini,a police officer,wants to search the offices of Operational Business Corporation.She asks Judge Pearl to issue a warrant.Under the Fourth Amendment,no warrant for a search can be issued without​ 

A) ​double jeopardy. 
B) ​probable cause. 
C) ​reasonable doubt. 
D) ​immunity.

Question 56

Sandy,a businessperson,is convicted of RICO offenses.Sandy's penalties may include​ 

A) ​closing a business, but not selling it. 
B) ​not closing a business or selling it. 
C) ​selling a business, but not closing it. 
D) ​closing a business or selling it.

Question 57

Laird is an employee of Motor Parts,an auto parts store.On the orders of his employer,he switches trademarks on parts that come into the store to be sold to consumers.This is most likely​ 

A) ​forgery. 
B) ​larceny. 
C) ​robbery. 
D) ​obtaining goods by false pretenses.

Question 58

Dirk,an employee of Ergonomic Elevators,Inc.,pays Ferbie,an employee of Ergonomic's competitor G-Force Risers Company,for a secret G-Force pricing schedule.This is​ 

A) ​an effective marketing strategy. 
B) ​commercial bribery. 
C) ​creative legal bookkeeping. 
D) ​money laundering.

Question 59

Under the ____________ Amendment,no one can be deprived of "life,liberty,or property without due process of law."​ 

A) ​Second 
B) ​Fourth 
C) ​Fifth 
D) ​Eighth

Question 60

Maura enters a convenience store and points a gun at the clerk Nate.She then forces Nate to open the cash register and give her all the money.Maura can be charged with​ 

A) ​burglary. 
B) ​robbery. 
C) ​larceny. 
D) ​receiving stolen property.

Question 61

Jade puts up a collection of sports memorabilia for bids on BuyBay,an Internet auction site.Khalil makes the highest bid and sends the payment,which Jade receives,but she does not send the collection.This is online​ 

A) ​hacking. 
B) ​identity theft. 
C) ​phishing. 
D) ​cyber fraud.

Question 62

Benito accesses Creditline Bank's computer system without authority to obtain protected financial and credit records.Under federal law,this is​ 

A) ​a felony if it was done for a commercial purpose. 
B) ​a felony if Creditline brings a civil suit against Benito. 
C) ​not a crime. 
D) ​a crime but not a felony.

Question 63

Paxton uses social media to post links that,when clicked,secretly install software on hundreds of others' personal computers without their owners' knowledge Paxton's software is harmful to the computers on which he installed it.This program is​ 

A) ​malware. 
B) ​badware. 
C) ​harmware. 
D) ​infectware.

Question 64

Posing as Visa Bank,Walt e-mails Paulina,asking her to update her credit-card information through a link in the e-mail.She clicks on the link and types in the data,which Walt promptly sells to Ilana.This is​ 

A) ​hacking. 
B) ​employment fraud. 
C) ​phishing. 
D) ​cyberterrorism.

Question 65

Mae is granted immunity after she agrees to testify about a crime.Mae has an absolute privilege against self-incrimination and​ 

A) ​can be prosecuted only for a crime about which she agreed to testify. 
B) ​cannot be prosecuted for any crime. 
C) ​cannot refuse to testify on Fifth Amendment grounds. 
D) ​can refuse to testify on Fifth Amendment grounds.

Question 66

Patricia commits an act via e-mail against Othman Finance Company,a business in California,where the act is a cyber crime.Patricia resides in New York where the act is not a crime.Prosecution of Patricia in California involves questions of​ 

A) ​jurisdiction. 
B) ​"maximum contacts." 
C) ​the immunity of Internet service providers. 
D) ​encryption.

Question 67

Via the Internet,Rocky sabotages the computer system of Quik Chik'n Company,a food manufacturer,with the purpose of altering the levels of ingredients of the company's products so that consumers of the food become ill.Rocky is​ 

A) ​a cyberterrorist. 
B) ​a network employee. 
C) ​an entrapper. 
D) ​a prosecutor.

Question 68

Evan is charged with a crime.Almost all federal courts and some state courts would not hold Evan liable if,at the time of the offense,as a result of a mental disease or defect,Evan lacked substantial capacity to​ 

A) ​appreciate the wrongfulness of his conduct only. 
B) ​appreciate the wrongfulness of his conduct and obey the law. 
C) ​appreciate the wrongfulness of his conduct or obey the law. 
D) ​obey the law only.

Question 69

Dmitri sends an e-mail to Eva Marie,promising her a percentage of the amount in a foreign bank account if she will assist in transferring the funds to a U.S.bank account.Eva Marie forwards her account number,but the funds are never sent.Instead,Dmitri quickly withdraws the funds in Eva Marie's account.This is​ 

A) ​hacking. 
B) ​identity theft. 
C) ​phishing. 
D) ​cyber fraud.

Question 70

Jackson is accused of a cyber crime.Jackson refuses to give information related to his alleged cyber crime activities because he suspects it will be used to prosecute him.Jackson is protected by​ 

A) ​the First Amendment. 
B) the Fourth Amendment.​ 
C) ​the Fifth Amendment. 
D) ​the Eighth Amendment.

Question 71

Cameron is an accountant in the accounting department of Data Analytics Company.Cameron's son's college tuition is due within a week,or he cannot continue taking classes.To meet the due date,Cameron transfers funds from Data Analytics to a fictitious bank account,planning to repay the firm within one month.The transfer is discovered before the firm is re-paid,and Cameron is arrested.What crime,or crimes,if any,has Cameron committed?​

Question 72

Cumulus Cloud Computing Services,Inc.,suffers a security breach in its computer network.Before the company discovers the breach,the perpetrator obtains a large amount of confidential data,including corporate financial records,marketing plans,and other sensitive information.Has a crime been committed? If so,what are its elements? What steps might Cumulus take to ensure that going forward only authorized users access the data on its computers? Whose efforts-those of the federal government or Cumulus-are more important in securing the company's computer infrastructure,and why?​