Question 1

Under the Foreign Corrupt Practices Act, it is legal for any American firm to offer gifts of anything of value to foreign officials.

Accepted Answer

Under the Foreign Corrupt Practices Act, it is illegal for any American firm to offer gifts of anything of value to foreign officials. Such gifts can be seen as bribes and lead to corruption.

Question 2

Crimes are usually classed as felonies or misdemeanors, depending on the seriousness of the offense.

Accepted Answer

Felonies are considered more serious crimes and typically carry longer prison sentences, while misdemeanors are less serious offenses and often result in fines or shorter jail sentences.

Question 3

If the accused is insane and therefore incapable of assisting in the defense of the case, trial may be delayed until the accused regains sanity.

Accepted Answer

This is a standard legal principle known as "incompetent to stand trial" or IST. If the accused is found to be IST, the trial cannot proceed until they are deemed competent which can be through treatment or medication.

Question 4

Mens rea refers to _____.

Accepted Answer

Mens rea, or criminal intent, is an element of most serious crimes. The basic idea behind requiring intent is that the criminal law generally seeks to punish conscious wrongdoers.

Question 5

The United States Constitution protects against ex post facto laws.

Accepted Answer

The United States Constitution, specifically in Article 1, Section 9, Clause 3, states that "No Bill of Attainder or ex post facto Law shall be passed." This means that Congress cannot pass a law that retroactively punishes someone for an action that was not considered illegal at the time it was committed.

Question 6

The USA PATRIOT Act restricts law enforcement from using surveillance techniques with increased judicial and congressional oversight.

Accepted Answer

The USA PATRIOT Act actually expands the surveillance powers of law enforcement without requiring increased judicial or congressional oversight.

Question 7

Under the Sarbanes-Oxley Act of 2002, the chief executive officer and chief financial officer must certify reports submitted to the Securities and Exchange Commission.

Accepted Answer

The Sarbanes-Oxley Act of 2002 requires the CEO and CFO to personally certify the accuracy and completeness of the reports filed with the SEC.

Question 8

Before behavior can be treated as criminal, the legislature must have passed a statute making it criminal.

Accepted Answer

This is known as the principle of legality, which means that before someone can be punished for a crime, there must be a law (statute) in place that specifically prohibits that behavior.

Question 9

Under the Sarbanes-Oxley Act of 2002, it is a misdemeanor to defraud shareholders of a publicly traded company.

Accepted Answer

Under the Sarbanes-Oxley Act of 2002, it is a felony, not a misdemeanor, to defraud shareholders of a publicly traded company.

Question 10

A corporate officer may sometimes be found liable even when the officer had no actual knowledge of, or control over, the activities in question.

Accepted Answer

This is known as "strict liability" or "vicarious liability," where the officer is held responsible for the actions of subordinates under their authority, even if they were not involved or aware of the specific actions. This is often seen in cases of corporate misconduct or regulatory violations.

Question 11

Under the Electronic Communications Privacy Act, an electronic communication provider may disclose the contents of an electronic communication if the disclosure was made as part of government-authorized surveillance.

Accepted Answer

The Electronic Communications Privacy Act allows electronic communication providers to disclose the contents of electronic communication if it was made as part of government-authorized surveillance.

Question 12

Under the Sarbanes-Oxley Act of 2002, CEOs and CFOs must reimburse the company for any bonuses or other incentive compensation if any financial reporting is misleading due to misconduct, even if the misconduct was not attributable to the CEO or CFO.

Accepted Answer

The Sarbanes-Oxley Act of 2002 requires CEOs and CFOs to reimburse the company for any bonuses or other incentive compensation if any financial reporting is misleading due to misconduct, even if the misconduct was not attributable to the CEO or CFO. This is known as the Clawback Provision.

Question 13

Alex harbors a deep hatred for Malaika because she publicly humiliated him. Shane is Malaika's business partner who plots to acquire her shares and knows about Alex's resentment toward Malaika. Shane takes Alex on a drinking spree at a local bar where he provokes Alex against Malaika. In a fit of rage, Alex leaves the bar and murders Malaika at her residence. From this scenario, we can conclude that the court would most likely hold Alex:

Accepted Answer

According to the given scenario, the court will most likely hold Alex incapable of forming intent and punish him for second-degree murder. Voluntary intoxication is generally not a complete defense to criminal liability. It can, in some cases, diminish the extent of a defendant's liability if it prevents the formation of a specific criminal intent. For example, many first-degree murder statutes require proof of premeditation, a conscious decision to kill. A highly intoxicated defendant may not be capable of premeditation and may therefore be convicted of only second-degree murder, which does not generally require premeditation.

Question 14

Voluntary intoxication is generally a complete defense to criminal liability.

Accepted Answer

Voluntary intoxication may not be a complete defense to criminal liability in some cases, especially if the defendant still acted with the required criminal intent despite being intoxicated. In some jurisdictions, it may only be a partial defense that can reduce the degree of the offense or the punishment.

Question 15

Felonies are lesser crimes, such as traffic offenses or disorderly conduct, that are punishable by fines or confinement in a city or county jail.

Accepted Answer

Felonies are actually more serious crimes, such as murder or burglary, that are punishable by imprisonment for more than one year in a state or federal prison.

Question 16

For a person to be convicted of criminal behavior, which of the following statements should be true?

Accepted Answer

In order for a person to be convicted of criminal behavior, the state must (1) demonstrate a prior statutory prohibition of the act, (2) prove beyond a reasonable doubt that the defendant committed every element of the criminal offense prohibited by the statute, and (3) prove that the defendant had the capacity to form a criminal intent.

Question 17

Disenfranchisement refers to the loss of the right to vote:

Accepted Answer

Felonies are serious offenses such as murder, rape, and arson that are generally punishable by confinement in a penitentiary for substantial periods of time. Conviction of a felony may, in some cases, result in disenfranchisement (loss of the right to vote).

Question 18

According to the concept of _____, a 13-year-old accused of shoplifting cannot be convicted.

Accepted Answer

In common law, children under the age of 7 were incapable of forming a criminal intent, children between the ages of 7 and 14 were presumed incapable, and children between the ages of 14 and 21 were presumed capable. This is the concept of infancy. The focus of these laws is rehabilitation rather than capacity, and they provide for special juvenile court systems and separate detention facilities.

Question 19

A criminal prosecution is brought by the victim's family in the name of the victim.

Accepted Answer

A criminal prosecution is brought by the government on behalf of society, not by the victim's family in the name of the victim.

Question 20

According to the irresistible impulse test, defendants are not criminally responsible if, due to a mental disease or defect, they lack the substantial capacity to appreciate the wrongfulness of the act or to conform their conduct to the requirements of the law.

Accepted Answer

This is a correct statement of the irresistible impulse test.

Quiz 5: Crimes