Question 1

It is a federal crime to use income obtained from racketeering activity to buy an interest in any enterprise.

Accepted Answer

This is stated in the Racketeer Influenced and Corrupt Organizations (RICO) Act.

Question 2

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

Accepted Answer

The purpose of the exclusionary rule is to deter law enforcement officials from conducting unlawful searches and seizures by excluding evidence that was obtained in violation of the Fourth Amendment. It does not have anything to do with encouraging criminals to provide evidence.

Question 3

​A cyber terrorist might target a government agency, but not a business.

Accepted Answer

This statement is false. Cyber terrorists may target not only government agencies but also businesses in order to cause damage, steal confidential information, or extort money.

Question 4

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

Accepted Answer

One of the main purposes of criminal sanctions is to deter others from committing similar crimes by making them aware of the consequences they could face if caught.

Question 5

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​

Accepted Answer

The program being installed without the knowledge or consent of the computer owner, and causing harm to the computer, fits the definition of malware, which is malicious software designed to cause damage or disrupt computer operation. The other options (badware, harmware, infectware) are not commonly used terms in the field of computer security.

Question 6

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​

Accepted Answer

Herb must be informed of his Miranda rights, which include the right to remain silent. The other options are not relevant to inform him of his rights in this situation.

Question 7

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

Accepted Answer

This principle is known as double jeopardy, and it is protected under the Fifth Amendment of the United States Constitution. It prevents an individual from being prosecuted or punished multiple times for the same offense.

Question 8

The Fourth Amendment protects against unreasonable searches by the government.

Accepted Answer

The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures conducted by the government.

Question 9

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

Accepted Answer

Generally, for someone to be convicted of a crime, they must have performed a prohibited act, also known as the actus reus, which is defined as the criminal act or omission that constitutes a crime. Without the actus reus, there can be no crime. However, in some cases, the mental element, or mens rea, (i.e. the intent or knowledge of wrongdoing) may also need to be proven for a conviction.

Question 10

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

Accepted Answer

In a criminal case, the state must prove its case beyond a reasonable doubt, not by a preponderance of the evidence.

Question 11

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​

Accepted Answer

The standard of proof for criminal cases is beyond a reasonable doubt, meaning the evidence presented must be so strong that there is no reasonable doubt that the defendant committed the crime. A preponderance of the evidence standard is used in civil cases, while clear and convincing evidence is a higher standard used in some civil and administrative cases. Unanimous verdict is a requirement for a guilty verdict in a criminal trial, but it is not the standard of proof.

Question 12

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

Accepted Answer

Storing credit card numbers online puts the company at risk for potential data breaches and cyber attacks, which could result in compromised customer information and financial loss.

Question 13

Picking pockets is not robbery.

Accepted Answer

Picking pockets is considered theft or larceny, not robbery, because it does not involve force or fear to take someone's property.

Question 14

No federal statute specifically addresses cyber crime.

Accepted Answer

The Computer Fraud and Abuse Act (CFAA) is a federal statute that specifically addresses cyber crime.

Question 15

Counterfeiting is robbery.

Accepted Answer

Counterfeiting involves creating imitation products or currency with the intent to deceive, whereas robbery involves taking property from someone through force or threat of force.

Question 16

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​

Accepted Answer

This is the classic example of a phishing scam, where the attacker poses as a legitimate organization to trick the victim into revealing sensitive information such as credit card details.

Question 17

Edie uses television ads to defraud millions of people. She can most likely be charged with​

Accepted Answer

Edie is using television ads to commit fraud via electronic communication or wire, therefore, she can be charged with wire fraud.

Question 18

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

Accepted Answer

This statement is true. White-collar crime refers to financially motivated nonviolent crime committed by individuals, corporations, or government entities. These crimes often involve manipulation, fraud, or deception in the business world.

Question 19

Falsifying public records or altering a legal document is larceny.

Accepted Answer

Falsifying public records or altering a legal document is a crime, but it is not considered larceny. Larceny involves the taking of someone else's property without permission or through deceit.

Question 20

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

Accepted Answer

Embezzlement can be committed by misusing or stealing property that is entrusted to one's care, without physically taking it from another person's possession.

Quiz 6: Criminal Law and Cyber Crime