Deck 7: Criminal Law and Cyber Crime

Question 1

At a criminal trial, the burden of proof is on an accused person to prove his or her innocence.

Answer 1

False

Question 2

Counterfeiting is forgery.

Answer 2

True

Question 3

A bribe need not consist of money to be a crime.

Answer 3

True

Question 4

The recipient of stolen goods who does not know the identity of the owner or the thief has a defense to criminal liability.

Question 5

Only white-collar crimes are prosecuted under RICO.

Question 6

It is a crime to use the mail to defraud the public.

Question 7

Money laundering includes making "dirty" money appear to be the "profit" of a legiti?mate business.

Question 8

Stealing computer time is not a crime.

Question 9

A corporation can be held liable for crimes.

Question 10

Larceny relies on stealth while robbery relies on fear and force.

Question 11

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

Question 12

The prosecution in a criminal case need only establish by a preponderance of the evidence that the defendant committed the crime.

Question 13

Criminal liability depends on a specific state of mind or intent.

Question 14

If a person does not know that he or she is taking the property of someone else, the person cannot be convicted of theft.

Question 15

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

Question 16

It is a defense to a charge of embezzlement that the embezzler intended to return the embezzled property eventually.

Question 17

Bribery is a crime only if the recipient does what the person offering the bribe asks.

Question 18

Only public officials prosecute criminal defendants.

Question 19

Criminal liability depends on the commission or omission of an act.

Question 20

Embezzlement is like robbery in that neither crime requires the use of force or fear.

Question 21

Ludwig receives from Milo a marimba stolen from Nadine. To be criminally liable, Ludwig must know

A) Milo.
B) Nadine.
C) that the marimba is stolen.
D) what a marimba is.

Question 22

Phil sets fire to his house. At common law, the crime of arson could be committed only if a person burned down

A) a commercial building.
B) an unoccupied structure.
C) his or her own house.
D) the house of another person.

Question 23

Biff wrongfully takes an unopened carton from a Cold Storage Warehouse loading dock, puts the carton in his car, and drives away. This is

A) burglary.
B) forgery.
C) larceny.
D) no crime.

Question 24

Tige steals United Network, Inc.'s (UNI) computer time and the use of UNI's phones. Tige commits larceny when he steals

A) the computer time only.
B) the computer time or the use of the phones.
C) neither the computer time nor the use of the phones.
D) the use of the phones only.

Question 25

Corporations cannot be compelled to give testimony that might subject them to criminal liability.

Question 26

Forfeiture of a business interest and dissolution of a business are possible penalties under RICO.

Question 27

A person may be responsible for a criminal act if, despite a mental defect, he or she appreciated the wrongfulness of the act.

Question 28

A suspect who is told that she can remain silent is automatically protected from having her confession entered as evidence against her.

Question 29

A criminal suspect does not have a right to remain silent.

Question 30

Most crimes must be prosecuted within a certain period of time.

Question 31

Under the exclusionary rule, all illegally obtained evidence must be included in any criminal prosecution.

Question 32

A mistake of fact is a defense to criminal liability.

Question 33

Some felonies are actually misdemeanors.

Question 34

Lon is a "payday" lender charged with filing false claims in bankruptcy proceedings against his customer-debtors. The standard of proof to find a defendant who has been charged with a crime guilty is

A) a preponderance of the evidence.
B) beyond all doubt.
C) beyond a reasonable doubt.
D) clear and convincing evidence.

Question 35

Under the Fifth Amendment, there is no circumstance in which a person can be compelled to testify.

Question 36

Taking trade secrets without permission is not a crime if it is done online.

Question 37

Ignorance of the law is a defense to criminal liability.

Question 38

Stealing computer data is not a crime.

Question 39

It is a defense to liability that a criminal act was necessary to prevent an even greater harm.

Question 40

A crime punishable by imprisonment in a federal or state penitentiary for any period of time is a misdemeanor.

Question 41

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

A) consent.
B) duress.
C) entrapment.
D) self-defense.

Question 42

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

A) a criminal act.
B) a criminal intent.
C) taking property from its owner.
D) the use of force of fear.

Question 43

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

A) embezzlement.
B) forgery.
C) larceny.
D) no crime.

Question 44

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

A) admitted because Lara knew she did the crime and confessed.
B) admitted because Lara made it after being advised of her rights.
C) excluded because a confession is not admissible in a criminal trial.
D) excluded because it was elicited before Lara was advised of her rights.

Question 45

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

A) Mona decided to offer the bribe.
B) Mona offered the bribe.
C) Ned accepted the bribe.
D) Ned overlooked the violations.

Question 46

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

A) for making an unprofitable, but legal, investment.
B) for the commission of any business fraud.
C) only in a case involving a "racket."
D) only in a case involving organized crime.

Question 47

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

A) consent.
B) duress.
C) entrapment.
D) self-defense.

Question 48

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

A) one year.
B) six months.
C) twenty-four hours.
D) thirty days.

Question 49

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

A) claiming that an item is "in the mail" when it is not.
B) deceiving postal authorities as to the content of an item of mail.
C) depositing items in the postal system without proper postage.
D) mailing or causing someone else to mail a writing.

Question 50

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

A) fraudulently appropriating another's property.
B) obtaining lawful possession of property.
C) physically taking property from its owner.
D) the use of force or fear.

Question 51

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

A) appreciate the wrongfulness of his conduct only.
B) appreciate the wrongfulness of his conduct and obey the law.
C) appreciate the wrongfulness of his conduct or obey the law.
D) obey the law only.

Question 52

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

A) committed two or more certain federal or state crimes.
B) has never been convicted of a crime.
C) intends to commit future RICO offenses.
D) was previously convicted of a crime.

Question 53

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

A) can be prosecuted only for the crime about which he agreed to testify.
B) cannot be prosecuted for any crime.
C) cannot refuse to testify on Fifth Amendment grounds.
D) can refuse to testify on Fifth Amendment grounds.

Question 54

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

A) Mary must not have been predisposed to commit the crime.
B) Nick must have pressured Mary into committing the crime.
C) Nick must have suggested that the crime be committed.
D) all of the above.

Question 55

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,

A) consent.
B) duress.
C) entrapment.
D) self-defense.

Question 56

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

A) dissolution or divestiture of her business, and his imprisonment.
B) divestiture of his business, but not its dissolution or his imprisonment.
C) dissolution or divestiture of his business, but not his imprisonment.
D) his imprisonment, but not dissolution or divestiture of his business.

Question 57

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

A) an effective marketing strategy.
B) commercial bribery.
C) creative legal bookkeeping.
D) money laundering.

Question 58

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

A) burglary.
B) forgery.
C) larceny.
D) no crime.

Question 59

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

A) one year.
B) six months.
C) twenty-four hours.
D) thirty days.

Question 60

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

A) burglary.
B) forgery.
C) larceny.
D) no crime.

Question 61

Iggy uses his computer to break into Hye Technology Company's computer. Iggy is

A) a hacker.
B) a bot.
C) a virus.
D) a worm.

Question 62

Belle, an employee of Castle Associates, an accounting and investing service, is arrested at work. A grand jury issues a formal charge against Belle for larceny. This charge is

A) an arraignment.
B) an indictment.
C) an information.
D) an inquisition.

Question 63

Fred, a successful stockbroker, gives a lecture about investing. Some of the persons who attend the lecture form Gain & Profit, an investment club, and ask Fred to advise them. Gain & Profit allows Fred to set up an account for the club with a brokerage firm and gives Fred control of the account, but does not authorize Fred to withdraw funds for his own benefit. Fred uses the money in the Gain & Profit account to repay personal loans. Charged with embezzlement, Fred defends his actions on the ground that he intended to repay the club. Is Fred guilty of embezzlement Why or why not

Question 64

Binky is a computer technician with the skills to hack into any unprotected computer. The Computer Access Device and Computer Fraud and Abuse Act of 1984 prohibits Binky from obtaining unauthorized access to

A) information in a consumer reporting agency's files on consumers.
B) information in a financial institution's financial records.
C) restricted government information.
D) all of the choices.

Question 65

Harry, a computer programmer for Inventory Control Corporation, is arrested in his employer's parking lot on suspicion of larceny. Harry must be informed of his right to

A) a trial by jury.
B) punishment.
C) question witnesses.
D) remain silent.

Question 66

Dylan is arrested at a warehouse in Exurb Industrial Park. A government prosecutor issues a formal charge against Dylan for receiving stolen property. This charge is

A) an arraignment.
B) an indictment.
C) an information.
D) an inquisition.

Question 67

Travis sends Una a link to a purported e-birthday card that when clicked on downloads software to her computer to record her keystrokes and send the data to Travis. He uses the data to obtain her personal information and access her financial resources. This is

A) identity theft.
B) duress.
C) entrapment.
D) no crime.

Question 68

Sophie is the president of Tasty Choice Corporation, a wholesale grocery company. An inspection by Uri, a government agent, uncovers unsanitary conditions caused by Vic, a Tasty Choice employee, in the company's warehouse. Will, a Tasty Choice vice president, assures Uri that the situation will be corrected, but a later inspection reveals no such corrections. Sophie knows nothing about any of this. Can Tasty Choice be convicted of a crime in these circumstances Can Sophie be held personally liable

Question 69

Roy owns BBQ Bistro. A fire destroys the restaurant, and Roy is arrested on sus?picion of setting it to collect the insurance. At the time of the arrest, Roy is not informed of his rights. Any statement Roy makes will be admissible

A) in all circumstances.
B) in some circumstances.
C) in no circumstances.
D) regardless of the circumstances.

Question 70

Ethan, the president of Financial Investments, Inc. (FII), and Gina, FII's account?ant, are charged with a crime, after the police search FII's offices. Under the exclusionary rule

A) certain FII records are excluded from subpoena by the government.
B) certain parties to a criminal action may be excluded from a trial.
C) illegally obtained evidence must be excluded from a trial.
D) persons who have biases that would prevent them from fairly de?cid?ing the case may be excluded from the jury.

Question 71

Sally is charged with violating the Counterfeit Access Device and Computer Fraud and Abuse Act (CFAA). Crime under the CFAA involves

A) accessing a computer without authority and taking data.
B) accessing a computer without authority or taking data.
C) accessing a computer without authority only.
D) taking restricted or protected data only.

Question 72

Rossi uses cyber tools to steal the personal information of unsuspecting consumers online. Like other cyber thieves, Rossi is most likely to

A) sell the data to other thieves online.
B) use the data to make purchases online.
C) use the data in retail outlets in the "real" world.
D) sell the data on a street corner in the "real" world.