Question 1

The intent required to commit a burglary would be:

Accepted Answer

Burglary requires the specific intent to commit a crime inside a dwelling or structure. General intent is the intent to commit the act itself, not necessarily the intent to achieve a specific outcome. Reckless conduct involves a disregard for the safety of others and is not typically required for burglary. Strict liability means that intent does not have to be proven for the crime to be committed.

Question 2

Alison,an employee of Gerstad Corporation,committed a serious criminal act in an attempt to obtain a large sales order for her employer.A court found her guilty of the felony and also found the corporation guilty of criminal conduct.The company was fined $1 million.Which of the following statements is correct?

Accepted Answer

The court properly decided the case. Corporations can be held criminally liable for the actions of their employees, particularly in cases where the corporation encouraged or benefited from the criminal activity. This is known as the principle of vicarious liability. The court did not violate the Double Jeopardy clause as the corporation and the individual employee are separate legal entities. The court also did not violate the Due Process Clause as the corporation had the opportunity to defend itself in court. Finally, the court did not violate the Fifth Amendment as corporations can be held criminally liable under certain circumstances.

Question 3

The fraudulent conversion of property which is already in the defendant's possession is:

Accepted Answer

Embezzlement is the fraudulent conversion of property that is already in the defendant's possession. Money laundering involves the concealment of the origin or true nature of money obtained illegally. Exclusion refers to the act of preventing someone or something from entering or being included, and trespassory taking is the wrongful taking of another's property without consent.

Question 4

British Petroleum,found guilty of two serious environmental violations as discussed in the textbook:

Accepted Answer

According to the textbook, British Petroleum was fined a total of $62 million for two serious environmental violations.

Question 5

Which of the following statements about the exclusionary rule is correct::

Accepted Answer

A) Illegally obtained evidence is not permitted to be used at a criminal trial. This is the basic principle of the exclusionary rule.
B) It is based on the Fourth Amendment. This is also true, as the Fourth Amendment provides protection against unreasonable searches and seizures.
C) Good faith is an exception to the rule. This is also correct, as evidence obtained in good faith may still be admissible even if it was obtained through an illegal search or seizure. Therefore, all of the above statements are correct.

Question 6

Jeff sent letters to 1,000 people offering to send them information that would help them save money on health care $49.99.If they sent her the money,the brief,generally known information he sent them was: "Don't get sick." Jeff is guilty of:

Accepted Answer

Jeff's actions fall under the category of mail fraud, which refers to any fraudulent activity that involves the use of the mail to commit the crime. Jeff deceived people by promising to provide information that would help them save money on health care for a fee, but instead, he sent them a brief message that was of no use. This is a clear case of mail fraud, as Jeff used the mail to defraud people of their money.

Question 7

Andy burned his own warehouse in order to collect on a fire insurance policy.Andy has committed:

Accepted Answer

Arson is the deliberate and illegal act of setting fire to property or buildings. Andy has intentionally burned his own warehouse to collect on the insurance policy, which falls under the category of arson.

Question 8

The criminal penalties under RICO include all EXCEPT:

Accepted Answer

Capital punishment is not a criminal penalty under RICO. The other options are all possible criminal penalties.

Question 9

The trespassory taking of personal property with the intent to steal it is a definition of:

Accepted Answer

The definition provided matches the legal definition of larceny, which is also commonly referred to as theft. Therefore, choice B is the correct option. Arson involves the intentional burning of property, embezzlement involves taking property that is already in one's possession but using it for personal gain, and misdemeanor is a type of crime that is less serious than a felony. None of these match the definition given.

Question 10

The burden of proof required in a criminal case is:

Accepted Answer

The burden of proof required in a criminal case is beyond a reasonable doubt, which means that the prosecutor must prove the defendant's guilt to a level that leaves no reasonable doubt in the mind of a reasonable person that the accused committed the crime. This is the highest level of burden of proof in the legal system.

Question 11

Tina is an undercover police officer.One evening she is posing as a prostitute in a bar.Larry,a salesman who is attending an out-of-state convention,begins talking with Tina.After about ten minutes,Tina suggests going to her room for a good time but points out he will need to "donate" $100 to her.Arriving at Tina's hotel room,Larry asks if she is a policewoman.Tina lies and says she is not.When Larry gives her $100,Tina shows him her identification and arrests him.

Accepted Answer

Entrapment involves inducing someone to commit a crime they would not have otherwise committed. Simply lying about being a police officer or suggesting illegal activity does not constitute entrapment if the person was predisposed to commit the crime.

Question 12

A successful insanity defense:

Accepted Answer

A successful insanity defense results in a "not guilty" verdict, even if the prosecution proves the defendant committed the criminal act. Option A is incorrect because a successful insanity defense can still result in the defendant being placed under involuntary psychiatric confinement. Option B is incorrect because the use of the insanity defense varies widely depending on the jurisdiction and the type of crime charged. Option C is incorrect because juries are instructed to base their decision solely on the evidence presented in court, not on personal feelings.

Question 13

Barden Corporation was convicted of violating federal RICO laws.Accordingly:

Accepted Answer

All options are correct. When a company is convicted of violating RICO laws, the government has the authority to file criminal charges against both the company and the individuals involved. The government can also file a civil lawsuit to obtain injunctions and other relief. Furthermore, individuals can file civil lawsuits against the company to recover losses incurred due to the criminal act.

Question 14

The Miranda warning insures that the criminal suspects understand their constitutional rights relating to:

Accepted Answer

The Miranda warning informs a criminal suspect of their right to remain silent and to have an attorney present during questioning. This pertains specifically to their 5th Amendment right against self-incrimination. The warning does not relate to search and seizure, double jeopardy, arrest or indictment.

Question 15

Miguel reprogrammed a cellular telephone so that the calls were improperly charged to another account.Which statute has he violated?

Accepted Answer

Miguel has committed access device fraud by altering the cellular telephone to charge calls to another account. The federal Access Device Fraud Act prohibits unauthorized access to electronic devices with the intent to defraud. The other options do not specifically address the criminal conduct described.

Question 16

Important steps in the criminal process,in the proper order,include:

Accepted Answer

The answer of Important steps in the criminal process,in the...

Question 17

Eric was charged with attempted murder.His defense was that he was insane at the time of the act.A jury accepted Eric's defense.Eric will:

Accepted Answer

If the jury accepted Eric's defense of insanity, he will likely be committed to a mental hospital and only released when that hospital determines he is no longer a danger to society. This is in line with the principles of the insanity defense, which seeks to provide treatment rather than punishment for those who commit crimes while unable to appreciate the wrongfulness of their actions due to mental illness.

Question 18

The primary purpose of RICO was:

Accepted Answer

The primary purpose of RICO, or the Racketeer Influenced and Corrupt Organizations Act, was to be a tool against organized crime. It was enacted in 1970 in order to combat the growing influence of organized crime syndicates in the United States. While RICO has been used to prosecute individuals engaged in tax fraud, this is not its primary purpose. Additionally, while RICO may generate some revenue through fines and forfeitures, this is not its main objective. Therefore, the best choice is B.

Question 19

Mulcare Corp.started a compliance program to prevent and detect criminal conduct within the company and had specific,high-level officers in charge of overseeing the program.The company effectively communicated the program to its employees and monitored those employees who were in a position to cheat.It promptly disciplined anyone who broke the law.One effect of having this program is:

Accepted Answer

The program implemented by Mulcare Corp. would show that the company took measures to prevent and detect criminal conduct, which could result in federal investigators limiting prosecution to those directly involved rather than pursuing charges against high-ranking officers or the company itself. However, the program does not exempt the company from federal investigation, and the Federal Sentencing Guidelines would still apply. The choice C and D are incorrect as there is no indication in the passage that the guidelines do not apply or that the cases would be prosecuted in state court.

Question 20

Diane,a police officer,stops Tim's car for a traffic offense.While talking to Tim,she shines a flashlight into the passenger compartment of Tim's car and sees evidence of drug paraphernalia.Which statement is correct?

Accepted Answer

The answer of Diane,a police officer,stops Tim's car for a...

Quiz 7: Crime