Deck 9: Criminal Law and Cyber Crimes

Question 1

Crimes can be committed against property or persons.

Answer 1

True

Question 2

Every criminal statute prohibits certain behavior.

Answer 2

True

Question 3

Robbery involves the use of force or intimidation, but larceny does not.

Answer 3

True

Question 4

Corporate officers can be liable only for crimes from which they personally benefit.

Question 5

Actus reus refers to the mental state necessary for criminal liability.

Question 6

The recipient of stolen goods who does not know the identity of the owner or the thief has a defense to criminal liability.

Question 7

Corporations, like persons, can be liable for crimes.

Question 8

Stealing a computer program is a crime.

Question 9

Battery is a tort and a crime.

Question 10

A crime can be committed only against persons.

Question 11

Embezzlement may be committed without physically taking property from the possession of another.

Question 12

Corporations, unlike persons, cannot be liable for crimes.

Question 13

A crime is a wrong committed against society as a whole.

Question 14

A criminal case must be proved beyond a reasonable doubt.

Question 15

Counterfeiting constitutes forgery.

Question 16

Mens rea refers to the mental state necessary for criminal liability.

Question 17

It is a crime to use the mail to defraud the public.

Question 18

A criminal case must be proved by no greater standard than clear and convincing evidence.

Question 19

Only private attorneys prosecute criminal defendants.

Question 20

Crimes occurring in the business context are popularly referred to as blue-collar crime.

Question 21

Consent is a valid defense to most crimes.

Question 22

A federal judge must adhere strictly to federal sentencing guidelines.

Question 23

Most crimes must be prosecuted within a certain period of time.

Question 24

Criminal suspects must be informed of their right to remain silent.

Question 25

Embezzlement is like robbery in that neither crime requires the use of force or fear.

Question 26

A crime of bribery can be committed even if the recipient does not do what the person offering the bribe asks.

Question 27

Identity theft is a federal crime.

Question 28

Making "dirty" money appear to be the "profit" of a legiti?mate business is money laundering.

Question 29

A bribe need not consist of money to be a crime.

Question 30

In Case 9.3, Miranda v. Arizona, the United States Supreme Court held that criminal defendants must be informed of their right to remain silent.

Question 31

Under the exclusionary rule, all illegally obtained evidence must be included in any criminal prosecution.

Question 32

Intoxication is always a defense to criminal liability.

Question 33

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

Question 34

Forfeiture of a business interest and dissolution of a business are possible penalties under RICO.

Question 35

Accessing a computer and taking data, even without authority, is no crime.

Question 36

Under the Fifth Amendment, there is no circumstance in which a person can be compelled to give testimony.

Question 37

When the police set a trap for an unwary criminal, he or she has a valid defense to criminal liability.

Question 38

Under federal law, financial institutions must report currency t?ransac?tions in ex?cess of $10,000.

Question 39

White-collar crimes may be prosecuted under RICO.

Question 40

A mistake of fact can be a defense to criminal liability.

Question 41

Joy is charged with embezzlement. Embezzlement is not robbery because embezzlement may be committed without

A) a criminal act.
B) a criminal intent.
C) taking property from its owner.
D) the use of force of fear.

Question 42

On the orders of their corporate employer, Della and Efron, employees of Fabulous Fashionista, a clothing store, switch trademarks on clothing that comes into the store to be sold to consumers. This is most likely

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

Question 43

Bren, an employee of City Bank, is charged with embezzlement. This requires

A) fraudulently appropriating another's property.
B) obtaining lawful possession of property through surreptitious means.
C) physically taking property from its owner.
D) the use of force or fear.

Question 44

Ira signs Jill's name, without her authorization, to the back of a check made out to her. This is

A) burglary.
B) forgery.
C) larceny.
D) robbery.

Question 45

Driving while intoxicated, Jana causes a car accident that results in the death of Kevin. Jana is arrested and charged with involuntary man?slaugh?ter, a third degree felony. This type of felony is punishable by

A) death.
B) life imprisonment.
C) up to five years' imprisonment.
D) up to ten years' imprisonment.

Question 46

Dina, a businessperson, is charged with RICO offenses. Dina may be sub?ject to penalties under RICO only if she

A) committed two or more certain federal or state crimes.
B) has never been convicted of a crime.
C) intends to commit future RICO offenses.
D) was previously convicted of a crime.

Question 47

Val, the owner of Wild Wheels, a bicycle store, trusts Xavier to manage the store's daily cash flow. One night, without Val's knowledge or consent, Xavier takes and keeps $500 from the receipts. This is most likely

A) embezzlement.
B) larceny.
C) robbery.
D) no crime.

Question 48

Becky is thirteen years old and is charged with a misdemeanor. In most states, Becky will be treated as

A) a minor and tried in a juvenile court.
B) an adult and tried in a regular court.
C) an infant and punished without a trial.
D) incapable of criminal conduct and tried after he turns eighteen.

Question 49

Cathy causes a disturbance at Diners Cafe. She is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punishable by imprisonment up to

A) one year.
B) six months.
C) ten years.
D) thirty days.

Question 50

Ann, an employee of Beta, Inc., pays Curt, an employee of Beta's competi?tor Delta Company, for a secret Delta pricing schedule. This may be

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

Question 51

Jack receives an MP3 player stolen from Kit. To be criminally liable, Jack

A) must know only that the player is stolen.
B) must know only that Kit is the true owner.
C) must know that the player is stolen and that Kit is the true owner.
D) need not know that the player is stolen or that Kit is the true owner.

Question 52

Desi reaches into Edna's pocket and takes her money, without her consent and without her immediate awareness. Unlike robbery, picking pockets does not involve

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

Question 53

Sandy, a businessperson, is convicted of RICO offenses. Sandy's penal?ties may include

A) closing her business but not forfeiting its assets or selling it.
B) forfeiting business assets but not closing or selling the business.
C) selling her business but not closing it or forfeiting its assets.
D) closing her business, forfeiting its assets, or selling it.

Question 54

Danny sets fire to his house. At common law, the crime of arson could be committed only if a person burned down

A) a commercial building.
B) an unoccupied structure.
C) his or her own property.
D) the dwelling of another person.

Question 55

Tige steals Unified Network, Inc.'s (UNI) computer time and the use of UNI's phones. Tige commits larceny when he steals

A) the computer time only.
B) the computer time or the use of the phones.
C) neither the computer time nor the use of the phones.
D) the use of the phones only.

Question 56

Riley, a State Bank employee, deposits into his account checks that are given to him by bank customers to deposit into their accounts. This is

A) burglary.
B) embezzlement.
C) larceny.
D) money laundering.

Question 57

Gail is a "payday" lender charged with filing false claims in bankruptcy proceedings against her debtors. The standard of proof to find a defendant who has been charged with a crime guilty is

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

Question 58

Rock pushes Sylvia to the ground, grabbing her purse as she falls. The use of force or fear is required for this act to constitute

A) burglary.
B) forgery.
C) larceny.
D) robbery.

Question 59

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 60

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) larceny.
C) robbery.
D) no crime.

Question 61

Hank is seventeen years old and is charged with a felony. In most states, Hank will be treated as

A) a minor and tried in a juvenile court.
B) an adult and tried in a regular court.
C) an infant and punished without a trial.
D) incapable of criminal conduct and tried after he turns eighteen.

Question 62

Mike is arrested at a warehouse in North Industrial Park. A government prosecutor issues a formal charge against Mike for receiving stolen property. This charge is

A) an arraignment.
B) an indictment.
C) an information.
D) an inquisition.

Question 63

Ollie, an employee of Payroll Management Corporation, is arrested at work. A grand jury issues a formal charge against Ollie for larceny. This charge is

A) an arraignment.
B) an indictment.
C) an information.
D) an inquisition.

Question 64

According to the United States Supreme Court in Case 9.3, Miranda v. Arizona, an individual must be apprised of certain of his or her rights

A) after any questioning.
B) at any time during questioning.
C) only in the absence of questioning.
D) prior to any questioning.

Question 65

Ethan, the president of Financial Investments, Inc. (FII), and Gina, FII's account?ant, are charged with a crime, after the police search FII's offices. Under the exclusionary rule

A) certain FII records are excluded from subpoena by the government.
B) certain parties to a criminal action may be excluded from a trial.
C) illegally obtained evidence must be excluded from a trial.
D) persons who have biases that would prevent them from fairly de?cid?ing the case may be excluded from the jury.

Question 66

Lara is indicted. Mac, the arresting officer, advises Lara of her right to counsel. Lara waives the right and confesses to the crime. Later, Lara claims that her confession should be excluded as evidence from her trial. Under the ruling in Case 9.2, Fellers v. United States, the statement will most likely be

A) admitted because Lara knew she did the crime and confessed.
B) admitted because Lara made it after being advised of her rights.
C) excluded because a confession is not admissible in a criminal trial.
D) excluded because it was elicited before Lara was advised of her rights.

Question 67

Ho, a programmer for Inventory Corporation, is arrested in his employer's parking lot on suspicion of larceny. According to the decision in Case 9.3, Miranda v. Arizona, Ho must be informed of his right to

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

Question 68

Yvon is charged with the crime of theft for taking Zack's briefcase, which Yvon mistakenly thought was hers. A mistake of fact is a defense

A) if the fact was not reasonably made known to the public.
B) if the mistake negates the mental state necessary to commit a crime.
C) if the perpetrator was intoxicated.
D) under any circumstances.

Question 69

Jim is indicted. Before he is arrested, he confesses to the crime in a conversation with Kelly, the arresting officer. Kelly then arrests Jim and advises him of the right to counsel. Jim waives the right and repeats his confession. Later, Jim claims that his initial statement should be excluded as evidence from his trial. Under the ruling in Case 9.2, Fellers v. United States, the statement will most likely be

A) admitted because Jim knew he did the crime and confessed.
B) admitted because Jim repeated it after being advised of his rights.
C) excluded because a confession is not admissible in a criminal trial.
D) excluded because it was elicited before Jim was advised of his rights.

Question 70

Ida is charged with a crime of which she claims she was ignorant. In some states, a mistake of law is a defense

A) if the law was not reasonably made known to the public.
B) if the mistake negates the mental state necessary to commit a crime.
C) if the perpetrator was intoxicated.
D) under any circumstances.

Question 71

Toby commits a criminal act while intoxicated. Involuntary intoxication may be a defense

A) if it makes a person incapable of understanding an act is wrong.
B) if it removes a person's normal social inhibitions.
C) under any circumstances.
D) under no circumstances.

Question 72

Helen points a gun at Irma, threatening to shoot her. Irma hits Helen, causing her death. Charged with homicide, Irma can most successfully claim as a defense

A) consent.
B) duress.
C) entrapment.
D) self-defense.

Question 73

Roy owns Roy's Cafe. A fire destroys the cafe, and Roy is arrested on sus?picion of setting it to collect the insurance. At the time of the arrest, Roy is not informed of his rights. Any statement Roy makes will be admissible

A) in all circumstances.
B) in some circumstances.
C) in no circumstances.
D) regardless of the circumstances.

Question 74

According to the United States Supreme Court in Case 9.3, Miranda v. Arizona, an individual must be apprised of certain of his or her rights whenever the individual is

A) arraigned in a court.
B) imprisoned in a jail.
C) sentenced for a crime.
D) taken into custody.

Question 75

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 76

Dave points a gun at Eton, threatening to shoot him if he does not steal from his employer, First National Bank, and give the stolen funds to Dave. Charged with theft, Eton can successfully claim, as a defense

A) consent.
B) duress.
C) entrapment.
D) self-defense.

Question 77

Ben is a computer technician with the skills to hack into any unpro?tected computer. The Counterfeit Access Device and Computer Fraud and Abuse Act of 1984 prohibits Ben from obtaining unauthorized access to

A) any government information.
B) no government information.
C) restricted government information.
D) unrestricted government information.

Question 78

Devon commits a criminal act while intoxicated. Voluntary intoxication may be a defense

A) if it negates the state of mind that a crime requires.
B) if it removes a person's normal social inhibitions.
C) under any circumstances.
D) under no circumstances.

Question 79

Alan manages an illegal gambling operation in his BBQ Bar & Grill. Alan reports the profits of the gambling operation as income from BBQ's legitimate activities on its tax returns. This is

A) embezzlement.
B) larceny.
C) money laundering.
D) no crime.

Question 80

Tim is a businessperson with investments in several legal and illegal op?erations. Tim may be subject to a suit under RICO

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