Question 1

Plato works for Quirky Squirters, Inc. During work hours, Plato "steals" time, space, and data on his employer's computer system to start up his own business, Rowdy Drenchers. This is

Accepted Answer

Larceny is defined as the unlawful taking and carrying away of another person's property without their consent, with the intent to deprive the owner of the property permanently. In this case, Plato is unlawfully taking data and time from his employer's computer system to start his own business, which constitutes as larceny. Burglary and robbery involve the use of force or breaking into a building or dwelling, which is not the case here. And since Plato is committing a crime by stealing from his employer, it cannot be considered as no crime.

Question 2

After Edie solicits clients to invest in a nonexistent business, she is charged with "mail fraud." This requires, among other things,

Accepted Answer

Mail fraud is the use of the postal service or any private or commercial interstate carrier to carry out a fraudulent scheme. The key requirement for mail fraud is the use of the mails for furthering the scheme. Therefore, mailing or causing someone else to mail a writing is one of the elements of mail fraud.

Question 3

Susan is unhappy with the way her mother has made out her will. Susan has a lawyer draft a new will and then signs her mother's name to it without her mother's consent. Susan has committed

Accepted Answer

Susan has committed forgery by signing her mother's name without her consent on a legal document. This is a crime that involves creating a false document or altering an existing one with the intention of deceiving or defrauding another person.

Question 4

Bruno is a businessperson with investments in legal and illegal opera?tions. Bruno may be subject to penalties under RICO

Accepted Answer

RICO (Racketeer Influenced and Corrupt Organizations) is a federal law designed to combat organized crime. It contains provisions for severe penalties for business fraud, including both legal and illegal activities. Therefore, Bruno may face penalties under RICO for the commission of any business fraud, regardless of whether the activity is legal or illegal.

Question 5

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

Accepted Answer

A felony is a crime that is punishable by imprisonment for more than one year.

Question 6

Megan is charged with jaywalking, which is classified as

Accepted Answer

Jaywalking is typically classified as a petty offense, which is the lowest level of criminal offense. Misdemeanors and felonies are more serious offenses with more severe penalties. No crime would be the answer if Megan had not actually committed the act of jaywalking.

Question 7

Davis points a gun at Eton, threatening to shoot him if he does not steal from his employer, Freddy's Convenience Store, and give the stolen funds to
Davis. Charged with theft, Eton can successfully claim, as a defense

Accepted Answer

Eton can claim duress as a defense because he was under immediate and imminent threat of serious bodily harm or death from Davis if he did not steal the funds. Duress is a valid defense in criminal law if the defendant was compelled to commit the crime due to the threat of harm by another person.

Question 8

Dirk, an employee of Ergonomic Elevators, Inc., pays Ferbie, an employee of Ergonomics' competitor G-Force Risers Company, for a secret G-Force
Pricing schedule. This is

Accepted Answer

This is known as commercial bribery, which is the act of offering or giving something of value to an employee or agent of a company with the intention of influencing their behavior or decisions in favor of the bribing party. It is illegal and unethical in most jurisdictions.

Question 9

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

Accepted Answer

The answer of Mae is granted immunity after she agrees...

Question 10

Justin is charged with a crime. He insists that he should have an opportunity to object to the charges before a "fair, neutral decision maker." No one can be deprived of "life, liberty, or property without due process of law" under the

Accepted Answer

The Fifth Amendment includes the Due Process Clause, which states that no person shall be deprived of "life, liberty, or property without due process of law." This includes the right to have a fair and impartial decision maker when facing criminal charges. The Second Amendment relates to the right to bear arms, the Fourth Amendment relates to unreasonable searches and seizures, and the Eighth Amendment relates to cruel and unusual punishment.

Question 11

Jake is charged with embezzlement. Embezzlement may be committed without

Accepted Answer

The answer of Jake is charged with embezzlement. Embezzlement may...

Question 12

Mona offers Ned, a building inspector, $5,000 to overlook the violations in her new warehouse. Ned accepts the cash and overlooks the viola?tions. Mona is charged with the crime of bribery. The crime occurred when

Accepted Answer

The answer of Mona offers Ned, a building inspector, $5,000...

Question 13

Ivan signs Jeb's name, without his authorization, to the back of a check. This is

Accepted Answer

Ivan's actions constitute forgery, which is the act of making or altering a written document with the intent to defraud. By signing Jeb's name without his authorization on the back of a check, Ivan is attempting to receive funds that do not rightfully belong to him.

Question 14

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 substantial capacity to

Accepted Answer

The commonly used legal standard for insanity defense is the M'Naghten test which requires that at the time of the offense, as a result of a mental disease or defect, the defendant lacked substantial capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law. Therefore, option C is the correct answer.

Question 15

Vance points a gun at Workman and threatens to shoot him. Workman hits Vance, causing his death. Charged with homicide, Workman can successfully claim as a defense

Accepted Answer

Workman can claim self-defense as a defense since he reasonably believed that Vance posed an imminent threat to his life and used force in self-defense to protect himself.

Question 16

Jared is arrested and found guilty of a misdemeanor. His punishment will not include

Accepted Answer

The answer of Jared is arrested and found guilty of...

Question 17

Robert uses the Internet to defraud Prairie Valley Credit Union. He is found guilty of wire fraud. He can be punished by

Accepted Answer

Wire fraud is a serious offense and can result in imprisonment for up to thirty years and fines of up to $1 million. Therefore, option B is the correct choice. Options A and C offer penalties that are far too lenient for such a severe crime. Option D is not applicable as the death penalty is not used for wire fraud.

Question 18

Briana, an employee of Cotillion Bank, is charged with embezzlement, which requires

Accepted Answer

Embezzlement involves fraudulently appropriating another's property, meaning taking it without permission or through deception. It does not necessarily involve physically taking the property from its owner or using force or fear. Obtaining lawful possession of property is not embezzlement, as the possession would be legal and authorized.

Question 19

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

Accepted Answer

Leah's actions constitute forgery as she alters official government records for her own benefit, which is a fraudulent act. Embezzlement involves the theft or misappropriation of funds, while larceny involves the physical taking of property.

Question 20

Maya, a police officer, wants to search the offices of Niles Corporation. Maya asks Judge Orion to issue a warrant. Under the Fourth Amendment,
No warrants for a search or an arrest can be issued without

Accepted Answer

The Fourth Amendment of the U.S. Constitution requires that no warrants for a search or an arrest can be issued without probable cause, which means that there must be a reasonable basis for the belief that a crime has been, is being, or will be committed. Double jeopardy and reasonable doubt refer to legal standards for trials, and immunity refers to protection from prosecution.

Quiz 6: Criminal Law and Cyber Crime