Deck 5: Constitutional Law

Question 1

Under current law, corporations cannot be held criminally accountable for strict-liability offenses.

Answer 1

False
Explanation: Courts began to impose liability on corporations for strict-liability offenses, those offenses that do not require state of mind.

Question 2

Which of the following is the making of an entry into the books of a bank or corporation that is designed to represent the existence of funds that do not exist?

A) False entries
B) Defalcation
C) False pretenses
D) Ponzi scheme
E) Pretexting

Answer 2

A
Explanation: The crime of "false entries" is the making of an entry into the books of a bank or corporation that is designed to represent the existence of funds that do not exist.

Question 3

Which of the following is the making of threats for the purpose of obtaining money or property?

A) Bribery
B) Criminal Fraud
C) Extortion
D) Both bribery and extortion
E) Importation

Answer 3

C
Explanation: Extortion, otherwise known as blackmail, is the making of threats for the purpose of obtaining money or property.

Question 4

Which of the following serves to combat bribery of foreign officials?

A) The Foreign Official Bribery Act
B) The International Bribery Prohibition Act
C) The Fair Business Act
D) The International Fair Business Practices Act
E) The Foreign Corrupt Practices Act

Question 5

Molly was found not guilty in a criminal prosecution for murder, but she could be found liable in a civil proceeding involving the same facts.

Question 6

Which of the following are less serious crimes punishable by fines or imprisonment of less than one year?

A) Misdemeanor.
B) Felony.
C) Petty offenses.
D) Tort offenses.
E) Any business related crime

Question 7

Extortion is another name for the crime of bribery.

Question 8

Which of the following is an example of the imposition of strict liability?

A) A robber pulls a gun to rob a bank teller.
B) A burglar breaks into a home to steal jewelry.
C) A business sells cigarettes to a minor.
D) A minor shoplifts in a department store.
E) An adult shoplifts in a department store.

Question 9

If a prosecutor decides not to go forward with a case, the defendant may still be liable for his or her actions in civil court.

Question 10

In general, China punishes government officials convicted of accepting bribes less severely than the US.

Question 11

Under the common law, a corporation could not be considered a criminal because it was not an actual person and, thus, did not have a mind.

Question 12

Which of the following is a false document or sign of existence used to perpetrate fraud, such as making counterfeit money?

A) False entries
B) False token
C) False pretenses
D) Ponzi scheme
E) Pretexting

Question 13

Which of the following are minor offenses usually punishable by a jail sentence of less than six months or a small fine with an example being violation of a building code?

A) Insignificant offenses.
B) Felony.
C) Petty offenses.
D) Tort offenses.
E) Any business related crime

Question 14

Sam, a new police officer, was criticized by his supervisor for failing to make a sufficient number of arrests. Sam went into a section of town known for criminal activity, picked up several suspicious looking individuals, read them the Miranda rights, and arrested them hoping that they would confess to something. Alice, one of the detainees, was scared; and, hoping to cut a deal, immediately confessed to burglarizing a local pawn shop. Which of the following is Alice's best defense at trial?

A) That the officer failed to have probable cause to make the arrest.
B) That the officer violated her First Amendment rights.
C) That the officer failed to obtain a form signed by Alice verifying that she understood the Miranda rights as read.
D) That the officer failed to satisfy the burden of proof.
E) That a confession prior to an initial appearance is invalid.

Question 15

Which of the following is punishable by imprisonment for more than one year or death?

A) Misdemeanor.
B) Felony.
C) Petty offenses.
D) Tort offenses.
E) Any business related crime.

Question 16

Under our criminal laws that exist today, white-collar crime is not punishable by imprisonment.

Question 17

The Foreign Corrupt Practices Act prohibits foreign officials from entering the U.S. to conduct illegal business.

Question 18

The primary purpose of criminal law is to compensate victims.

Question 19

Penny planned to spray paint her ex-boyfriend's new car and other vehicles in his neighborhood, but was apprehended by a quick thinking police officer in the neighborhood just before she started spraying. The officer, new to the job, forgot to read Penny her Miranda rights. The prosecutor should rely on the "public safety" exception to the requirement that Miranda rights be read.

Question 20

Strict liability is a term used to describe which of the following?

A) Liability without fault.
B) Negligence.
C) Actus reus.
D) Intentional wrongdoing.
E) Recklessness.

Question 21

Zack, the president of ABC Company, falsified documents to make it appear as if he had been granted stock options on certain dates, and he selected the dates after the fact, picking dates on which the stock price was low. Which of the following offenses, if any, did he commit?

A) Insider trading
B) Pretexting
C) Defalcation
D) Stock option backdating
E) He did not commit any offense

Question 22

Which of the following is true regarding corporate executives being held personally liable for business crime?

A) Corporate executives may never be held personally liable for a business crime.
B) Corporate executives may only be held personally liable for a business crime if they benefited personally from their actions in executing the business crime.
C) Corporate executives may be found personally liable for a business crime regardless of whether the business crime was committed for personal benefit or for the benefit of the corporation.
D) A court may not assess criminal liability on a corporate executive unless the executive directly engaged in the specific criminal violation.
E) Criminal liability may not be assessed against a corporate executive unless the executive directly engaged in the criminal activity and also profited directly and personally from the criminal activity.

Question 23

Which of the following is using fraudulent means to obtain information about someone's phone use?

A) Pretexting
B) Ponzi scheme
C) False pretenses
D) False token
E) Defalcation

Question 24

A judge reports that a jury was "hung". What does the judge mean?

A) That the jury wanted to hang the defendant by imposing a heavy sentence.
B) That the jury wanted to hang the prosecutor for unjustly charging the defendant.
C) That the jury could not reach a decision.
D) That the jury had waited an excessive amount of time before reaching a verdict.
E) That the jury had waited an excessive amount of time before retiring for the evening.

Question 25

Courts have defined a pattern of racketeering under RICO as more than __________ action[s].

A) One.
B) Two.
C) Three.
D) Four.
E) None of these. There is no requirement of more than one action.

Question 26

Which of the following was created specifically to combat white-collar crime?

A) The Racketeer Influenced and Corruption Organizations Act.
B) The False Claims Act.
C) The Sarbanes-Oxley Act of 2002.
D) The White-Collar Enforcement Act.
E) None of these.

Question 27

Which of the following occurs when a defendant makes a first appearance?

A) A magistrate determines whether there was proof beyond a reasonable doubt for the arrest.
B) A magistrate determines whether there was probable cause for the arrest.
C) A magistrate determines whether the defendant was properly booked.
D) A magistrate determines whether there was proof beyond a reasonable doubt for the arrest and also whether the defendant was properly booked.
E) None of these.

Question 28

Which of the following is the misappropriation of trust funds or money held in a fiduciary capacity?

A) False entries
B) Defalcation
C) False pretenses
D) Ponzi scheme
E) Pretexting

Question 29

Ed goes door-to-door selling magazine subscriptions. Ed knows, however, that he is simply taking money for subscriptions and has absolutely no intention of ever arranging for the provision of magazines. Which of the following offenses, if any, has he committed?

A) Defalcation
B) False entry
C) False token
D) False pretense
E) Ponzi scheme

Question 30

Ordinarily, to obtain an arrest warrant, a law enforcement agent must demonstrate that there is ________ that a suspect committed or is planning to commit a crime.

A) Likely cause.
B) Suspected cause.
C) Certainty.
D) Probable cause.
E) Information.

Question 31

Of which of the following must a defendant be informed before questioning?

A) That the defendant must answer questions or there will be a presumption of guilt at trial.
B) That statements made to law enforcement before arraignment may not be used against the defendant in court.
C) That the defendant has the right to consult an attorney before speaking to the police.
D) That unless the defendant can afford any attorney, the defendant will not have an attorney.
E) That the right to an attorney does not begin until after the defendant is arraigned.

Question 32

Which of the following is an investment swindle in which high profits are promised from fictitious sources and early investors are paid off with funds raised from later investors?

A) False entries
B) False token
C) False pretenses
D) Ponzi scheme
E) Pretexting

Question 33

Carla learns that her employer, a healthcare facility, is committing fraud against the government by filing false Medicare claims. Under which of the following might she obtain a portion of any recovery obtained by the government?

A) RICO.
B) The False Claims Act.
C) The Sarbanes-Oxley Act of 2002.
D) The Medicare Recovery Act.
E) The Healthcare Fraud Act.

Question 34

Which of the following is a federal law providing extended penalties for criminal acts performed as part of an ongoing criminal organization?

A) The Racketeer Influenced and Corruption Organizations Act.
B) The False Claims Act.
C) The Sarbanes-Oxley Act of 2002.
D) The Racketeer Influenced and Corruption Organizations Act, the False Claims Act, and the Sarbanes-Oxley Act of 2002.
E) None of these.

Question 35

Bank teller Ben receives $1,000 from a customer for deposit into the customer's bank account. Instead of placing the money into the customer's account, Ben puts it into his pocket. Which of the following offenses has he committed?

A) Forgery
B) False entries
C) False token
D) Embezzlement
E) Both false token and embezzlement

Question 36

Which amendment provides the right to a speedy and public trial?

A) The Second Amendment.
B) The Third Amendment.
C) The Fourth Amendment.
D) The Sixth Amendment.
E) None, because there is no such right.

Question 37

Which of the following is a person who illegally accesses or enters another person's or a company's computer system to obtain information or to steal money?

A) Backer
B) Reacher
C) Hacker
D) Trespasser
E) Illicit user

Question 38

Which of the following was passed largely in response to business scandals of the 2000s, such as Enron?

A) RICO.
B) The False Claims Act.
C) The Sarbanes-Oxley Act of 2002.
D) The Medicare Recovery Act.
E) The Healthcare Fraud Act.

Question 39

Which of the following is a plea in which the defendant does not admit guilt but agrees not to contest the charges?

A) Petit defense.
B) Information
C) Nolo contendere.
D) Sine qua non.
E) Plea avoidance.

Question 40

Which of the following is true regarding the Fourteenth Amendment?

A) It is part of the Bill of Rights.
B) Its safeguards only apply at the federal level.
C) It extends most constitutional rights to defendants at the state level.
D) It is a part of the Bill of Rights, its protections apply at the federal level, and its protections also apply at the state level.
E) It is not a part of the Bill of Rights, and its protections apply only at the federal level.

Question 41

A _____________ is a computer program that rearranges, damages, destroys, or replaces computer data.

A) Poison pill
B) Tracker
C) Drone
D) Clone
E) Virus

Question 42

A[n] _______________ is a hacker whose intention is the exploitation of a target computer or network to create a serious impact, such as the crippling of a communications network.

A) Computer offender
B) Data obstructer
C) Control obstructer
D) Cyber terrorist
E) Network thief

Question 43

Reference - Divorce Fallout. Dr. Fred, following a messy divorce, has encountered significant financial difficulties. Dr. Fred has a friend named Slick Slim who tells Dr. Fred that he has been making lots of money by selling people a wristband that allegedly places pressure on a nerve that signals hunger resulting in a lack of appetite. Slick Slim tells Dr. Fred that, although the device does not really work, people who want to lose weight and look good in their bathing suits will do anything and that it sells like hotcakes. Slick Slim tells Dr. Fred that he will pay Dr. Fred five dollars for every band that Dr. Fred can sell to his patients. Dr. Fred proceeds to mail letters to patients suggesting the use of the band for weight loss. He also uses UPS to mail samples of the band to some patients along with letters encouraging purchase of the bands. Dr. Fred then proceeds to bill Medicare for office consultations he has with patients when they come in to purchase the bands. The scheme is wildly successful. Dr. Fred is able to entirely satisfy his alimony obligations within just a few months. Unfortunately, as patients begin to see that they are not having any weight loss, he has been receiving numerous complaints, and a friend of his told him that he could even be facing some criminal prosecution. By mailing correspondence to patients encouraging purchase of the band, which of the following offenses, if any, did Dr. Fred commit?

A) False pretenses
B) False entry
C) Defalcation
D) Mail fraud
E) He is not guilty of any offense

Question 44

What was the result in the case in the text, United States v. Sonya Evette Singleton, in which it was claimed that plea deals in which one defendant receives leniency in exchange for truthful testimony against another defendant are really bribes in violation of federal bribery law?

A) That such deals are illegal only if felony, as opposed to misdemeanor, offenses are involved.
B) That such deals are illegal only when white-collar offenses are involved.
C) That such deals are illegal.
D) That such deals are legal so long as the defendant receiving the plea deal is not completely exonerated.
E) That such deals are legal.

Question 45

Which of the following is true regarding the grand jury system?

A) Under the U.S. Constitution, a grand jury is required in state court felony cases.
B) Under the U.S. Constitution, a grand jury is required in federal felony cases.
C) The right to a grand jury may not be waived by a defendant.
D) Under the U.S. Constitution, a grand jury is required in state court felony cases and in federal felony cases and the right to a grand jury may not be waived by a defendant.
E) Under the U.S. Constitution, a grand jury is required in both state and federal felony cases, but a defendant may waive the right to review by a grand jury.

Question 46

Reference - Cosmetic Profits. Sally is the vice president at Big Name Cosmetics Company. Through important and material nonpublic information, she learns that the company is soon going to purchase a smaller chain of stores. It is expected that stock in Big Name Cosmetics will rise dramatically at that point. Sally immediately buys a number of shares of her company's stock. She also tells her friend Alice about the expected purchase of stores. Alice wanted to purchase stock in the company but lacked the funds with which to do so. Although she did not have the funds in Bank A, Alice decided to draw a check on Bank A and deposit the check in Bank B and then proceed to write a check on Bank B to cover the purchase of the stock. She hoped that she would have sufficient funds to deposit before the check was presented for payment. Of which of the following, if any, is Sally guilty of by providing information to Alice regarding the purchase?

A) She is guilty of an insider-trading violation by tipping the information.
B) She is guilty of an insider-trading violation by being tipped.
C) She is guilty of an insider-trading violation by both tipping and being tipped.
D) She is guilty of criminal extortion.
E) She is not guilty of any offense.

Question 47

Reference - Cosmetic Profits. Sally is the vice president at Big Name Cosmetics Company. Through important and material nonpublic information, she learns that the company is soon going to purchase a smaller chain of stores. It is expected that stock in Big Name Cosmetics will rise dramatically at that point. Sally immediately buys a number of shares of her company's stock. She also tells her friend Alice about the expected purchase of stores. Alice wanted to purchase stock in the company but lacked the funds with which to do so. Although she did not have the funds in Bank A, Alice decided to draw a check on Bank A and deposit the check in Bank B and then proceed to write a check on Bank B to cover the purchase of the stock. She planned to write a check on Bank B and deposit in Bank A just before the check was presented to Bank A in an attempt to create an artificial balance. Of what offense, if any, is Alice guilty of by her method of payment?

A) Ponzi scheme
B) Insider-trading scheming
C) Pretexting
D) Check defalcation
E) Check kiting

Question 48

Which of the following is false regarding the Computer Fraud and Abuse Act as amended by the National Information Infrastructure Protection Act?

A) The law protects any computer attached to the Internet.
B) The law prohibits modification of computer data impeding medical treatment to individuals.
C) The law prohibits unauthorized use of a computer to collect financial information protected under federal privacy law.
D) The law prohibits alteration of data in financial computers causing a loss of $2,000 or more.
E) The law prohibits use of a computer to obtain classified foreign policy information with the intent to harm the U.S.

Question 49

Which of the following is a fact-finding jury which determines if a defendant is guilty or not guilty?

A) A grand jury
B) A petit jury
C) A deciding jury
D) An empowered jury
E) A true bill jury

Question 50

Heidi decided to make extra money by offering to do investments for her friends for a fee. She actually did no investing, but used the funds from new friends to pay off earlier enrollees. This worked well for a while, but her scheme came to light when her supply of new friends came to an end. She is guilty of which of the following practices?

A) Operating a Ponzi scheme
B) Operating a bait and switch scheme
C) Account kiting
D) Pretexting
E) Defalcation

Question 51

Reference - Masked Bandit. Barry, who owned a small convenience store, was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him. As the bandit ran out of the store, Barry grabbed his own gun and shot the bandit in the leg. When the police arrived, Barry was arrested along with the thief. Barry claimed that no charges should be brought against him because his action in shooting the robber was justified. After the arrest, the officers searched his store and found marijuana. When Barry complained about the arrest and search, the officer in charge told him that since the state police were involved, federal constitutional rights were waived. Barry is attempting to obtain legal representation in an attempt to get out of jail, but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police. Sam, another inmate, asks Barry if his rights were explained to him by the officers; but Barry only recalls being arrested, hustled into the police cruiser, and whisked off to jail. Which of the following is true regarding the officer's statement that since state police were involved, federal constitutional rights were waived?

A) The officer was correct.
B) The officer was correct only if it is proven that a felony was committed; otherwise, federal constitutional rights applied.
C) The officer was correct only if it is proven that a misdemeanor was committed; otherwise, federal constitutional rights applied.
D) The officer was incorrect because the Sixth Amendment extends most federal constitutional rights to the state level.
E) The officer was incorrect because the Fourteenth Amendment extends most federal constitutional rights to the state level.

Question 52

Reference - Divorce Fallout. Dr. Fred, following a messy divorce, has encountered significant financial difficulties. Dr. Fred has a friend named Slick Slim who tells Dr. Fred that he has been making lots of money by selling people a wristband that allegedly places pressure on a nerve that signals hunger resulting in a lack of appetite. Slick Slim tells Dr. Fred that, although the device does not really work, people who want to lose weight and look good in their bathing suits will do anything and that it sells like hotcakes. Slick Slim tells Dr. Fred that he will pay Dr. Fred five dollars for every band that Dr. Fred can sell to his patients. Dr. Fred proceeds to mail letters to patients suggesting the use of the band for weight loss. He also uses UPS to mail samples of the band to some patients along with letters encouraging purchase of the bands. Dr. Fred then proceeds to bill Medicare for office consultations he has with patients when they come in to purchase the bands. The scheme is wildly successful. Dr. Fred is able to entirely satisfy his alimony obligations within just a few months. Unfortunately, as patients begin to see that they are not having any weight loss, he has been receiving numerous complaints, and a friend of his told him that he could even be facing some criminal prosecution. By which of the following acts, if any, did Dr. Fred commit health care fraud?

A) Dr. Fred did not commit any acts of health care fraud.
B) By the submission of false claims to Medicare only.
C) By the receipt of kick-backs from Slick Slim only.
D) By the submission of false claims to Medicare and also by the receipt of kick-backs from Slick Slim.
E) By submitting false claims to Medicare, by receiving kick-backs from Slick Slim, and also by merely discussing the matter with Slick Slim.

Question 53

Under the Sarbanes-Oxley Act of 2002, it is a felony for an auditor to willfully fail to maintain proper records of audits and work papers for at least ___________ years.

A) Two.
B) Three.
C) Four.
D) Five.
E) Ten.

Question 54

Reference - Cosmetic Profits. Sally is the vice president at Big Name Cosmetics Company. Through important and material nonpublic information, she learns that the company is soon going to purchase a smaller chain of stores. It is expected that stock in Big Name Cosmetics will rise dramatically at that point. Sally immediately buys a number of shares of her company's stock. She also tells her friend Alice about the expected purchase of stores. Alice wanted to purchase stock in the company but lacked the funds with which to do so. Although she did not have the funds in Bank A, Alice decided to draw a check on Bank A and deposit the check in Bank B and then proceed to write a check on Bank B to cover the purchase of the stock. She hoped that she would have sufficient funds to deposit before the check was presented for payment. Of which offense is Sally guilty, if any, in purchasing stock of her company?

A) Insider trading
B) Tipping
C) Insider misappropriation
D) Extortion
E) She is guilty of no offense

Question 55

Reference - Cosmetic Profits. Sally is the vice president at Big Name Cosmetics Company. Through important and material nonpublic information, she learns that the company is soon going to purchase a smaller chain of stores. It is expected that stock in Big Name Cosmetics will rise dramatically at that point. Sally immediately buys a number of shares of her company's stock. She also tells her friend Alice about the expected purchase of stores. Alice wanted to purchase stock in the company but lacked the funds with which to do so. Although she did not have the funds in Bank A, Alice decided to draw a check on Bank A and deposit the check in Bank B and then proceed to write a check on Bank B to cover the purchase of the stock. She hoped that she would have sufficient funds to deposit before the check was presented for payment. Of which of the following offenses, if any, is Alice guilty of by buying stock?

A) She is guilty of insider-trading because she tipped information.
B) She is guilty of an insider-trading violation because she traded on tipped information.
C) She is guilty of extortion.
D) She is guilty of larceny.
E) She is not guilty of any offense.

Question 56

Reference - Masked Bandit. Barry, who owned a small convenience store, was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him. As the bandit ran out of the store, Barry grabbed his own gun and shot the bandit in the leg. When the police arrived, Barry was arrested along with the thief. Barry claimed that no charges should be brought against him because his action in shooting the robber was justified. The police also searched the convenience store and found evidence of illegal drugs for which Barry was arrested. When Barry complained about the search, the officer in charge told him that since the state police were involved, federal constitutional rights were waived. Barry is attempting to obtain legal representation in an attempt to get out of jail, but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police. Sam, another inmate, asks Barry if his rights were explained to him by the officers; but Barry only recalls being arrested, hustled into the police cruiser, and whisked off to jail. Which of the following is true regarding Barry's claim that he was engaged in a justifiable use of force?

A) Barry is correct and no charges should be brought against him.
B) Barry is correct only if he can establish that in addition to committing a felony, the bandit was armed with a deadly weapon.
C) Barry is correct only if he can establish that in addition to committing a misdemeanor, the bandit was armed with some type of weapon.
D) Barry is incorrect because he did not sustain bodily harm.
E) Barry is incorrect because his use of force was not necessary to prevent death or great bodily harm to himself or another, or to prevent the imminent commission of a felony.

Question 57

Reference - Masked Bandit. Barry, who owned a small convenience store, was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him. As the bandit ran out of the store, Barry grabbed his own gun and shot the bandit in the leg. When the police arrived, Barry was arrested along with the thief. Barry claimed that no charges should be brought against him because his action in shooting the robber was justified. After the arrest, the officers searched his store and found marijuana. When Barry complained about the arrest and search, the officer in charge told him that since the state police were involved, federal constitutional rights were waived. Barry is attempting to obtain legal representation in an attempt to get out of jail, but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police. Sam, another inmate, asks Barry if his rights were explained to him by the officers; but Barry only recalls being arrested, hustled into the police cruiser, and whisked off to jail. Which of the following is Barry's best defense, if any, regarding the arrest and search?

A) That the police lacked probable cause.
B) That the police violated his Jones rights.
C) That the police violated his rights to nolo contendere.
D) That the police mistook his identity a thief.
E) That the police entrapped him.

Question 58

Reference - Divorce Fallout. Dr. Fred, following a messy divorce, has encountered significant financial difficulties. Dr. Fred has a friend named Slick Slim who tells Dr. Fred that he has been making lots of money by selling people a wristband that allegedly places pressure on a nerve that signals hunger resulting in a lack of appetite. Slick Slim tells Dr. Fred that, although the device does not really work, people who want to lose weight and look good in their bathing suits will do anything and that it sells like hotcakes. Slick Slim tells Dr. Fred that he will pay Dr. Fred five dollars for every band that Dr. Fred can sell to his patients. Dr. Fred proceeds to mail letters to patients suggesting the use of the band for weight loss. He also uses UPS to mail samples of the band to some patients along with letters encouraging purchase of the bands. Dr. Fred then proceeds to bill Medicare for office consultations he has with patients when they come in to purchase the bands. The scheme is wildly successful. Dr. Fred is able to entirely satisfy his alimony obligations within just a few months. Unfortunately, as patients begin to see that they are not having any weight loss, he has been receiving numerous complaints, and a friend of his told him that he could even be facing some criminal prosecution. Which of the following offenses, if any, did Dr. Fred commit when he used UPS to send correspondence and samples of the bands to patients?

A) False pretenses
B) False entry
C) Defalcation
D) Mail fraud
E) None of these. He is possibly guilty of some state law offense, but mail fraud requires the use of the U.S. mails.

Question 59

Reference - Masked Bandit. Barry, who owned a small convenience store, was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him. As the bandit ran out of the store, Barry grabbed his own gun and shot the bandit in the leg. When the police arrived, Barry was arrested along with the thief. Barry claimed that no charges should be brought against him because his action in shooting the robber was justified. After the arrest, the officers searched his store and found marijuana. When Barry complained about the arrest and search, the officer in charge told him that since the state police were involved, federal constitutional rights were waived. Barry is attempting to obtain legal representation in an attempt to get out of jail, but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police. Sam, another inmate, asks Barry if his rights were explained to him by the officers; but Barry only recalls being arrested, hustled into the police cruiser, and whisked off to jail. The bandit will likely be charged with a[n] ____________ offense.

A) Felony
B) Misdemeanor
C) Petty
D) Absolute
E) Strict liability

Question 60

Which of the following was the result in United States v. Park, the case in the text in which the president of a national food-chain corporation appealed his conviction of violating the federal Food, Drug, and Cosmetic Act by allowing food in a warehouse to be exposed to rodent contamination?

A) That the defendant could not be held liable because it could not be proven beyond a reasonable doubt that he knew warehouse employees were failing to take proper steps to ensure sanitary conditions.
B) That the defendant could not be held liable because it could not be proven by a preponderance of the evidence that he knew warehouse employees were failing to take proper steps to ensure sanitary conditions.
C) That the defendant could not be held liable because he did not personally cause the contamination.
D) That the defendant could be held liable because he hid evidence of the offenses.
E) That the defendant could be held liable because he failed to see that those delegated the duty to ensure sanitary conditions did their job.

Question 61

Reference - Masked Bandit. Barry, who owned a small convenience store, was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him. As the bandit ran out of the store, Barry grabbed his own gun and shot the bandit in the leg. When the police arrived, Barry was arrested along with the thief. Barry claimed that no charges should be brought against him because his action in shooting the robber was justified. After the arrest, the officers searched his store and found marijuana. When Barry complained about the arrest and search, the officer in charge told him that since the state police were involved, federal constitutional rights were waived. Barry is attempting to obtain legal representation in an attempt to get out of jail, but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police. Sam, another inmate, asks Barry if his rights were explained to him by the officers; but Barry only recalls being arrested, hustled into the police cruiser, and whisked off to jail. Which of the following is true regarding Barry's right to counsel?

A) Barry had a right to counsel only because felony charges were likely involved.
B) Barry had a right to counsel only because misdemeanor charges were likely involved.
C) Barry had a right to counsel only if he can establish that he had no previous criminal record.
D) Barry had a right to counsel.
E) Barry had no right to counsel.

Question 62

Discuss five ways to punish white-collar criminals discussed in the text. Discuss the pros and cons of each.

Question 63

What must a prosecutor show in order for a corporation to be held criminally liable for the acts of an employee?

Question 64

List the elements the government must prove in order to establish bribery of a public official under the federal statute criminalizing that offense.

Question 65

Define the term "criminal fraud" and discuss the three elements generally involved in establishing criminal fraud.

Question 66

Bobby, a struggling college student, was entering his favorite grocery store to buy a few things when he was approached by a shabbily dressed young woman who told him that she had no money and needed a few food items to eat. She suggested that Bobby buy some steaks for grilling and return with her to her apartment for dinner. Bobby told her that he did not have much money, but the young woman persisted and went into the store with him. While in the grocery, Bobby put some steaks and other items in his backpack and, without paying for them, carried them out of the store in preparation for dinner. Unknown to Bobby, the young woman was actually an undercover police officer who arrested him for shoplifting. What is Bobby's best defense?