Question 1

Barb allows Candy to enter Barb's warehouse and take a DVD player. Charged with theft, Candy can successfully claim, as a defense

Accepted Answer

Candy can successfully claim the defense of consent, as Barb allowed her to enter the warehouse and take the DVD player. Consent is a valid defense in cases where the defendant had a legal right or permission to take the property in question.

Question 2

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

Accepted Answer

Embezzlement involves the unlawful taking of property by someone in a position of trust, without the use of force or fear, which distinguishes it from robbery.

Question 3

Lindsey gains access to government records and alters certain dates and amounts in her favor. This is

Accepted Answer

Lindsey altered government records, which is considered forgery. Embezzlement involves stealing money or property that has been entrusted to the thief, and larceny involves physically taking property or money without permission. However, if Lindsey's actions do not meet the legal definition of forgery in her jurisdiction, then it may be considered no crime.

Question 4

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. The statement will most likely be

Accepted Answer

Lara's confession will likely be admitted because she was advised of her rights, including the right to counsel, and she voluntarily waived that right before confessing.

Question 5

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

Accepted Answer

The answer of Mona offers Ned, a building inspector, money...

Question 6

Tim is a businessperson with investments in several legal and illegal operations. Tim may be subject to penalties under RICO

Accepted Answer

Tim can be subject to penalties under RICO for the commission of any business fraud, whether it is conducted through legal or illegal operations. RICO broadly defines racketeering activity to include various types of criminal behavior such as fraud, bribery, money laundering, and extortion. Therefore, any illegal activity that Tim is involved in could potentially fall under RICO's scope.

Question 7

Diana points a gun at Gretchen, threatening to shoot her unless she takes a certain file from New Pharma Corporation. Charged with theft, Gretchen can successfully claim as a defense

Accepted Answer

Gretchen can successfully claim duress as a defense because she was compelled to commit the theft due to the threat made by Diana. Duress is a common law defense that may excuse criminal behavior under circumstances where one is coerced or threatened into committing the crime. Consent is not a viable option because Gretchen was not consenting to the theft voluntarily. Entering into the agreement to commit a crime under these circumstances would not be considered "consent." Self-defense is not applicable in this scenario because Gretchen was not acting to defend herself against Diana, but rather was coerced into committing a crime.

Question 8

Naomi causes a disturbance at Pastry All-Nite Café. She is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punishable by imprisonment up to

Accepted Answer

A misdemeanor is typically a criminal offense that is punishable by imprisonment for up to one year.

Question 9

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

Accepted Answer

The charge of mail fraud requires the mailing of a writing in furtherance of a fraudulent scheme. In this case, Edie solicited investors through the mail for a business that did not exist, making it a clear example of mail fraud. Choices A, B, and C do not accurately describe the elements of mail fraud.

Question 10

Val, an employee of Western Bank, is charged with embezzlement, which requires

Accepted Answer

Embezzlement involves fraudulently appropriating property that one has lawful possession of but is not the owner of. It does not require physical taking or the use of force or fear.

Question 11

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 the substantial capacity to

Accepted Answer

The test for insanity is that the defendant lacked the substantial capacity to appreciate the wrongfulness of their conduct or to conform their conduct to the requirements of the law. Therefore, option C is the correct answer.

Question 12

Devon, a businessperson, is charged with RICO offenses. Devon may be subject to penalties under RICO only if he

Accepted Answer

RICO (Racketeer Influenced and Corrupt Organizations) offenses can only be charged if the defendant has committed two or more certain federal or state crimes, also known as "predicate acts." Therefore, choice A is the correct answer. Choices B, C, and D are all incorrect as they do not meet the necessary criteria to be subject to penalties under RICO.

Question 13

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

Accepted Answer

When granted immunity, Terrell cannot refuse to testify on Fifth Amendment grounds because the immunity protects him from self-incrimination.

Question 14

Mary, who is charged with a crime, claims that Nick, a government agent, entrapped her. For entrapment to be a valid defense

Accepted Answer

Entrapment requires that the defendant was not predisposed to commit the crime and that the government agent induced the crime through pressure or suggestion.

Question 15

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

Accepted Answer

Irma can most likely successfully claim self-defense as a defense, as Helen was threatening to shoot her and Irma was likely acting to protect herself from harm.

Question 16

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

Accepted Answer

RICO offenses may result in both imprisonment and the dissolution or divestiture of the convicted person's business.

Question 17

Ann, an employee of Beta Office Systems, Inc., pays Curt, an employee of Beta's competitor Delta Networks Company, for a secret Delta pricing schedule. This may be

Accepted Answer

This is because paying a competitor's employee for confidential information is considered to be commercial bribery, which is illegal and unethical.

Question 18

Trendee Fashionista Corporation switches trademarks on products that it buys to sell to consumers. This is

Accepted Answer

Switching trademarks on products that belong to someone else without their permission is considered forgery, which is a crime.

Question 19

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

Accepted Answer

A felony is a serious crime that is punishable by death or imprisonment for more than one year. Earlene's actions resulted in the death of Fester, making it a serious crime that fits the definition of a felony.

Question 20

Copley signs Duane's name, without his authorization, to the back of a check made out to him. This is

Accepted Answer

Copley's action of signing Duane's name on the back of a check without his permission is considered forgery, which is the act of altering or creating a document (in this case a check) with the intent to deceive or defraud.

Quiz 7: Criminal Law and Cyber Crime