Deck 9: Criminal Law and Cyber Crime

Question 1

Crimes are sometimes prosecuted by crime victims rather than by a public official.

Answer 1

False

Question 2

One of the purposes of criminal law is to compensate the victims.

Answer 2

False

Question 3

In a criminal case, the defendant must convince the court that based on the evidence it is more likely than not that the defendant is not guilty.

Answer 3

False

Question 4

In a criminal case, the state must prove its case beyond a reasonable doubt.

Question 5

An act of omission cannot be a crime.

Question 6

Larceny involves force or fear, but robbery does not.

Question 7

In a criminal case, typically only three-fourths of the jurors need to agree in order to convict the defendant.

Question 8

A statute that prohibits theft by means of false pretenses usually applies only to goods, not to services or cash.

Question 9

Most crimes require an act of commission.

Question 10

Every criminal statute prohibits certain behavior.

Question 11

The most potent weapons against white-collar criminals include the federal laws prohibiting mail and wire fraud.

Question 12

A specified state of mind, or intent, is not necessary to establish criminal liability.

Question 13

To constitute the crime of bribery, the bribe must consist of money.

Question 14

An illegal act committed by a business using nonviolent means to obtain a business advantage is a white-collar crime.

Question 15

The attempt to influence a public official to act in a way that serves a private interest is no crime.

Question 16

Embezzlement includes the making or altering of any writing in a way that changes the legal rights and liabilities of another.

Question 17

A crime is punishable, in some cases, by death.

Question 18

Fraudulent appropriation of another's property with which a person has been entrusted is the crime of receiving stolen goods.

Question 19

Bribing foreign officials to obtain favorable business contracts is no crime.

Question 20

Crimes are offenses against society as a whole.

Question 21

Phishing is a distinct form of identity theft and cyber fraud.

Question 22

Malware is a hacker whose purpose is to create a serious negative impact.

Question 23

A mistake of fact can often excuse criminal responsibility.

Question 24

A corporation can refuse to produce business records that might subject the firm to criminal prosecution.

Question 25

A person who accesses a computer online without authority to obtain protected data is subject to criminal prosecution.

Question 26

Sam, driving under the influence, causes a car accident that results in the death of Tanya. Sam is arrested and charged with a crime punishable by imprisonment for more than a year. This crime is

A) a misdemeanor.
B) a felony.
C) a civil wrong.
D) a tort.

Question 27

The U.S. Constitution provides safeguards that apply not only in federal but also in state courts.

Question 28

It is not a crime to use income obtained from racketeering activity to buy an interest in a legitimate enterprise as long as the deal is otherwise legal.

Question 29

The Fourth Amendment protects only against searches that violate a person's reasonable expectation of privacy.

Question 30

A criminal defendant has the right to confront accusers and to present his or her own witnesses.

Question 31

The Computer Access Device and Computer Fraud and Abuse Act prohibits cyber theft.

Question 32

If the evidence of a defendant's guilt was obtained improperly, it normally cannot be used against the defendant in court.

Question 33

Haji is arrested at a warehouse in Industrial Park and is charged with the crime of theft. Haji will be prosecuted by

A) the victim of the crime.
B) a district attorney or an attorney general.
C) a judge.
D) a jury.

Question 34

A belief in the possibility that a person committed a crime is sufficient probable cause to support the issuance of an arrest warrant.

Question 35

Warrants are required for searches of businesses in highly regulated industries.

Question 36

All courts use the same test for legal insanity.

Question 37

Kohl receives from Lily a camera stolen from Mark. Kohl knows that the camera is stolen, and he intends to keep it. Kohl is

A) tortiously liable.
B) civilly liable.
C) criminally liable.
D) none of the choices.

Question 38

Andy causes a disturbance at Brew Pub. He is arrested and charged with disorderly conduct, a crime punishable by imprisonment up to one year. This crime is

A) a misdemeanor.
B) a felony.
C) a civil wrong.
D) a tort.

Question 39

Rosa, who operates a Street Tacos restaurant in her apartment, is charged with criminal violations of the local health and building codes, state license regulations, and federal environmental statutes. To obtain a conviction, the prosecution must

A) convince the court it is more likely than not that the charges are true.
B) show the evidence as reasonably permitting a guilty verdict.
C) prove beyond a reasonable doubt that Rosa committed every essential element of an offense.
D) persuade three-fourths of the jurors to agree on a guilty verdict.

Question 40

A state's prosecution of a crime prevents a separate federal prosecution relating to the same activity.

Question 41

The Racketeer Influenced and Corrupt Organizations Act has become an effective tool in attacking

A) criminal activities occurring online.
B) businesspersons who use bribery to secure foreign contracts.
C) defenses that excuse criminal behavior.
D) certain white-collar crimes.

Question 42

Bud works at a Cheap Stuff Store from which, without authorization, he takes merchandise that he has not paid for home for his own use. This is

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

Question 43

Chuck signs Dolly's name, without her authorization, to the back of her paycheck, which was issued by Eastside Market. This is

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

Question 44

Kim takes off her ring and places it on her desk while she works. Without her knowledge or consent, her coworker Lum picks up the ring, puts it on, and walks away. Lum has likely committed

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

Question 45

Lon is an employee of Motor Parts, an auto parts store. On the orders of his employer, he switches trademarks on parts that come into the store to be sold to consumers. This is most likely

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

Question 46

Leo is accused of a crime. To obtain information about the crime from Leo, the state can

A) bribe Leo in a way that serves the public interest.
B) force Leo to provide information that can be used to prosecute him.
C) grant Leo immunity from prosecution.
D) none of the choices.

Question 47

Dean solicits investors for a nonexistent business, eApps. Dean is arrested and charged with "mail fraud." This requires intent to

A) claim that an item is "in the mail" when it is not.
B) defraud postal authorities.
C) use the U.S. mail.
D) defraud the public.

Question 48

Bob devises a scheme to send fraudulent e-mailed ads-claiming that an arrest warrant has been issued for non-payment of taxes-to individual taxpayers. By these false pretenses, Bob intends to obtain money and personal data. This is

A) robbery.
B) wire fraud.
C) larceny.
D) no crime.

Question 49

Quint, an employee of Reservations Inc. pays Sienna, an employee of Reservations' competitor Travel Inc., for a list of Travel's clients. This is most likely

A) bribery of a public official.
B) commercial bribery.
C) bribery of a foreign official.
D) no crime.

Question 50

Zoey is accused of auto theft. She refuses to give information related to her alleged criminal activities because she suspects it will be used to prosecute her. This is

A) a mistake of fact.
B) entrapment.
C) the privilege against self-incrimination.
D) ignorance of the law.

Question 51

Olinda, an employee of People's Bank, deposits into her account checks entrusted to the bank through its ATM system by customers to deposit into their accounts. This is

A) robbery.
B) embezzlement.
C) larceny.
D) wire fraud.

Question 52

Ed works for Family Dwellings Inc., an investment firm that buys, renovates, and rents foreclosed houses. Ed steals his employer's digital files to start his own competing business, Good Homes LLC. This is

A) wire fraud.
B) robbery.
C) larceny.
D) no crime.

Question 53

Sid offers Tina, a city inspector, money to overlook health code violations in his restaurant. Tina accepts the money and overlooks the violations. Sid is charged with the crime of bribery. The crime occurred when

A) Sid violated the health code.
B) Sid offered the bribe.
C) Tina accepted the bribe.
D) Tina overlooked the violations.

Question 54

Traditionally, the hundreds of thousands of acts defined as criminal in federal, state, and local laws have been grouped into broad categories, including

A) private crime.
B) public crime.
C) property crime.
D) personal crime.

Question 55

Bert pushes Connie to the ground, grabbing her phone as she falls. The use of force or fear is required for this act to constitute

A) bribery.
B) any crime.
C) larceny.
D) robbery.

Question 56

Niles enters Omelet Café and points a gun at the cashier Pico. Niles forces Pico to open the register and give him all the money. Niles will most likely be charged with

A) robbery.
B) obtaining property by false pretenses.
C) larceny.
D) receiving stolen property.

Question 57

A speedy trial, a trial by jury, a public trial, and the right to confront witnesses are guaranteed by

A) the Fourth Amendment.
B) the Fifth Amendment.
C) the Sixth Amendment.
D) state law, not the U.S. Constitution

Question 58

Bruno buys and sells stocks and bonds. Bruno may be subject to penalties under the Racketeer Influenced and Corrupt Organizations Act

A) for making an unprofitable, but legal, investment.
B) for the commission of securities fraud.
C) only if the situation involves a "racket."
D) only if the circumstances constitute organized crime.

Question 59

Quay, the owner of RV Park, trusts Sara to manage the resort's daily cash flow. One night, without Quay's knowledge or consent, Sara takes and keeps $1,000 from the receipts. This is most likely

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

Question 60

Franny is charged with a crime. Almost all federal courts and some state courts would not hold Franny liable if, at the time of the offense, as a result of a mental disease or defect, she lacked substantial capacity to obey the law and to appreciate

A) the power of the police.
B) the authority of the court.
C) the wrongfulness of her conduct.
D) the fruits of her crime.

Question 61

Jade puts up a collection of sports memorabilia for bids on BuyBay, an Internet auction site. Khalil makes the highest bid and sends the payment, which Jade receives, but she does not send the collection. This is

A) no crime.
B) identity theft.
C) phishing.
D) cyber fraud.

Question 62

Cloud Computing Services, Inc., suffers a security breach in its computer network. Before the company discovers the breach, the perpetrator obtains a large amount of confidential data, including corporate financial records, marketing plans, and other sensitive information. Has a crime been committed? If so, what are its elements?

Question 63

Don sends an e-mail to Eve, promising her a percentage of the amount in a foreign bank account if she will assist in transferring the funds to a U.S. bank account. Eve forwards her account number, but the funds are never sent. Instead, Don quickly withdraws the funds in Eve's account. This is

A) no crime.
B) identity theft.
C) phishing.
D) hacking.

Question 64

Via the Internet, Britta enters false code into the computer control system of Chicken Company, a food maker, to alter the levels of ingredients so that consumers of the food become ill. Britta is

A) a cyberterrorist.
B) a phisher.
C) malware.
D) a prosecutor.

Question 65

Lloyd is accused of a crime. Evidence of his allegedly criminal activities can be excluded from a trial

A) if the evidence will be used to prosecute him.
B) if the police do not promise to keep the evidence confidential.
C) if the evidence is "fruit of the poisonous tree."
D) under no circumstances.

Question 66

Cameron is an accountant in the accounting department of Data Analytics Company. Cameron's son's college tuition is due within a week. To meet the due date, Cameron transfers funds from Data Analytics to a fictitious bank account, planning to repay the firm within one month. The transfer is discovered before the firm is repaid, and Cameron is arrested. What crime, or crimes, if any, has Cameron committed? Explain.

Question 67

Posing as eBank, Frank e-mails Grace, 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 Frank promptly sells to Hector. This is

A) hacking.
B) no crime.
C) phishing.
D) cyberterrorism.

Question 68

Raul uses social media to post links that, when clicked, secretly install software on others' computers without the owners' knowledge Raul's software is designed to harm or disrupt the computers. This program is

A) malware.
B) a phish.
C) entrapment.
D) larceny.

Question 69

Barb, a computer operator for Cloud Corporation, is arrested in her employer's parking lot on suspicion of larceny. Barb must be informed of her right to

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

Question 70

Erica, a police officer, wants to search the offices of Debit & Credit, Accountants. She asks Judge Bern to issue a warrant. No warrant for a search can be issued without

A) double jeopardy.
B) probable cause.
C) reasonable doubt.
D) immunity.

Question 71

Riley commits an act via e-mail against State Bank, a business in Texas, where the act is a cyber crime. Riley resides in Utah where the act is not a crime. Prosecution of Riley in Texas involves questions of

A) jurisdiction.
B) "maximum contacts."
C) the immunity of Internet service providers.
D) encryption.

Question 72

Enrique accesses Finance Bank's computer system without authority to obtain protected financial records. Under federal law, this is

A) a felony if it was done for a commercial purpose.
B) a felony if the bank brings a civil suit against Enrique.
C) not a crime.
D) a crime but not a felony.