Deck 6: Criminal Law and Cyber Crimes

Question 1

________ is defined as the substantial likelihood that a person either committed or is about to commit a crime.

A) Reasonable suspicion
B) Probable cause
C) Reasonable doubt
D) Preponderance of evidence

Answer 1

B

Question 2

________ crimes require that the perpetrator either knew or should have known that his or her actions would lead to harmful results.

A) General intent
B) Nonintent
C) Specific intent
D) Explicit intent

Answer 2

A

Question 3

Which of the following is true of the United States criminal law system?

A) Criminal defendants are presumed guilty until they are proven innocent.
B) The burden of proof in a criminal case is on the government.
C) At least half the jurors have to find the defendant guilty of the crime.
D) Once there has been an arraignment, most of a defendant's constitutional rights are no longer applicable.

Answer 3

B

Question 4

A(n)________ is considered a less serious crime;not inherently evil but prohibited by society;and is punishable by fines or imprisonment for one year or less.

A) indictable offence
B) violation
C) felony
D) misdemeanor

Question 5

A(n)________ is a document for a person's detainment,based on a showing of probable cause that the person committed a crime.

A) no-knock warrant
B) possessory warrant
C) execution warrant
D) arrest warrant

Question 6

A person found speeding is considered to have committed a(n)________.

A) indictable offence
B) violation
C) felony
D) misdemeanor

Question 7

Which of the following is a difference between indictments and information statements?

A) Indictments are issued by a grand jury, while information statements are issued by a magistrate.
B) Indictments are issued before a trial, while information statements are issued after a trial.
C) Information statements are issued without determining guilt, while indictments are issued where guilt is evident.
D) Information statements are issued to dismiss a case before it goes to trial, while indictments are issued to bring a case to trial.

Question 8

________ are the most serious of crimes,and are considered to be inherently evil.

A) Infractions
B) Misdemeanors
C) Felonies
D) Summary offences

Question 9

When is a criminal said to be judgment proof?

A) when the criminal has not been read his Fifth Amendment rights prior to his arrest
B) when the criminal has been deemed to be insane by a court judgment
C) when the criminal does not have the money to pay a civil judgment
D) when the criminal is found to be unfit to go to prison

Question 10

A collection of criminal statutes is referred to as a________.

A) constitution
B) bill
C) charter
D) penal code

Question 11

Which of the following best describes penal code?

A) It is a document issued by magistrate for a person's arrest.
B) It is a series of statutes that define federal crimes.
C) It is a document obtained before searching an individual's property.
D) It is an unwritten code of conduct among prison personnel.

Question 12

Who is the plaintiff in a criminal lawsuit?

A) the respondent
B) the government
C) a private party
D) the victim

Question 13

Which of the following best describes violations?

A) They are the least serious of crimes generally punishable by fines.
B) They are the least serious of crimes generally punishable by long-term imprisonment.
C) They are the most serious of crimes generally punishable by imprisonment.
D) They are crimes that are considered to be mala in se.

Question 14

"Probable cause" is most directly associated with which step of the criminal process?

A) arrest
B) indictment
C) plea bargaining
D) arraignment

Question 15

________ include environmental laws,securities laws,and antitrust laws and provide for criminal violations and penalties.

A) Regulatory statutes
B) Penal codes
C) Charters
D) Codicils

Question 16

Which of the following is true of warrantless arrests?

A) It is not permitted in the United States criminal law system.
B) It can be made when the police get suspicious of an individual.
C) It can be made when a judge refuses to issue an arrest warrant against a perpetrator.
D) It is permitted when a perpetrator is fleeing from a crime scene.

Question 17

Tim Talon has been found by a court of law to be guilty of reckless driving and killing a pedestrian as a consequence.His defense was that he was driving under the influence of alcohol and lost control of his automobile.He was subsequently punished for his crime.How would the court classify Tim Talon's case for intent?

A) general intent crime
B) criminal intent crime
C) nonintent crime
D) specific intent crime

Question 18

A(n)________ is a charge of having committed a crime,usually a felony,based on the judgment of a grand jury.

A) indictment
B) information statement
C) arraignment
D) plea

Question 19

Which of the following is true of specific intent crimes?

A) The perpetrator commits a crime without any prior intention.
B) The perpetrator does not know the actual result of the crime in advance.
C) The perpetrator commits an illegal act to achieve a desired result.
D) The perpetrator commits a minor violation that is generally punishable by fine.

Question 20

In the United States,what recourse does an accused person have in case he cannot afford a private defense lawyer?

A) The government will provide an attorney for the accused free of charge.
B) He will have to spend his time in jail till he can collect enough money to afford one.
C) A public defender will be appointed to the accused by the government for a fee.
D) He will have to defend himself when the trial starts.

Question 21

Which of the following best describes arraignment?

A) It is a document issued by a grand jury for the charge of having committed a crime.
B) It is a document issued by a magistrate for the charge of having committed a crime.
C) It is a proceeding in which the accused is informed of the charges and asked to enter a plea.
D) It is a proceeding in which the accused enters into negotiations with the government prior to trial.

Question 22

Which of the following is true of plea bargain process?

A) A defendant waives the right to a jury trial and the judge determines guilt or innocence.
B) A defendant convicted of a crime pleads for a lighter sentence in exchange for good behavior and community service.
C) A defendant pleads guilty to a lesser offense than charged in exchange for receiving a lighter sentence.
D) A defendant waives certain constitutional rights in exchange for a lighter sentence.

Question 23

When is the felony murder rule applied?

A) when a murder was committed without intent, while committing another crime
B) when a crime involves the intended murder of another person
C) when a felon committing another crime was killed during the course of action
D) when the reason for a death is found to be involuntary manslaughter

Question 24

The wrongful or fraudulent taking of another's personal property other than from his or her person or building is considered as ________.

A) larceny
B) robbery
C) aggravated burglary
D) aggravated robbery

Question 25

Which of the following is true of a criminal trial?

A) The government must prove that the accused is guilty beyond a reasonable doubt.
B) The accused is presumed guilty once an indictment has been issued.
C) The government has the right to appeal in higher courts if the defendant is found not guilty.
D) The grand jury listens to evidence to determine guilt or innocence.

Question 26

________ is the fraudulent conversion of property by a person to whom that property was entrusted.

A) Bribery
B) Extortion
C) Embezzlement
D) Forgery

Question 27

Stella is a volunteer at her church during bingo night.At the end of the night,it is her responsibility to take the evening's profits and drop them in the night deposit box at the local bank.She is given the leather and canvas case filled with money and she leaves for the bank.On the way there,she decides to keep the money and drives to another state.What crime has she committed?

A) extortion
B) burglary
C) embezzlement
D) larceny

Question 28

At what stage of the criminal procedure is the accused asked to enter a plea?

A) when the accused is being booked
B) when the accused is taken to an arraignment
C) when the accused is being arrested
D) while an indictment or information statement is being issued

Question 29

In common law,burglary is defined as the ________.

A) breaking and entering a property with the intent to commit felony
B) taking of another's personal property other than from his or her building
C) intent to commit any larceny or robbery
D) wilful burning of a building of another person

Question 30

Which of the following is true of bribery?

A) The offeror is guilty only when the offeree accepts the bribe.
B) The offeree is guilty even if he/she rejects the bribe offer.
C) The offeror is guilty even if the offeree rejects the bribe.
D) The offeror is not guilty when a bribe is tendered.

Question 31

The fraudulent making or alteration of a written document that affects the legal liability of another person is called ________.

A) extortion
B) larceny
C) embezzlement
D) forgery

Question 32

________ is a crime in which one person gives another person money,property,favors,or anything else of value for a favor in return.

A) Battery
B) Bribery
C) Larceny
D) Embezzlement

Question 33

A(n)________ is an agreement in which the accused admits to a lesser crime than charged,and in return,the government agrees to impose a lesser sentence than might have been obtained had the case gone to trial.

A) plea bargain
B) indictment
C) arraignment
D) nolo contendere

Question 34

Marshall asked his father,Rick,a rich investor,for money to help get out of some financial trouble.When Rick refused,Marshall imitated his father's signature on a check and withdrew some money.Which of the following crimes did Marshall commit?

A) forgery
B) larceny
C) extortion
D) bribery

Question 35

What is the necessary condition for an accused person to be found guilty by a jury?

A) At least half the jurors have to find the defendant guilty of the crime.
B) All the jurors have to unanimously agree that the defendant is guilty of the crime.
C) Only a majority of the jurors need to find the defendant guilty of the crime.
D) The jury's guilty verdict has to be approved by the presiding judge.

Question 36

________ is a crime that involves the willful or malicious burning of a building.

A) Larceny
B) Arson
C) Battery
D) Embezzlement

Question 37

What is nolo contendere in legal proceedings?

A) a plea by which the defense attorney sets out reasons as to why the case should not go to trial
B) a guilty plea where the defendant does not admit the act and asserts innocence though there is sufficient evidence against the defendant
C) a plea where the accused agrees to the imposition of a penalty but does not admit guilt
D) a plea by which the defense attorney exhibits evidences that the defendant is not fit to stand for trial

Question 38

A jury that cannot come to a unanimous decision about the defendant's guilt is called a ________.

A) open jury
B) grand jury
C) hung jury
D) struck jury

Question 39

Which of the following best describes first-degree murder?

A) It is the unintentional killing of a person due to a negligent act.
B) It is the intentional killing committed under circumstances that would cause a reasonable person to become emotionally disturbed.
C) It is the intentional killing of a person without any prior planning.
D) It is the intentional killing of a person with premeditation.

Question 40

Which of the following crimes is an example of a white-collar crime?

A) larceny
B) arson
C) forgery
D) battery

Question 41

Which of the following types of protection does the Fourth Amendment provide to U.S.citizens?

A) protection against self-incrimination
B) protection against being tried for the same case twice
C) protection from unreasonable search and seizure by the government
D) protection from cruel and unusual punishment for a criminal defendant

Question 42

Mark and Jack work as clerks at the New Bank of North America,which they plan to rob.In order to plan and execute the robbery,they procure the bank's floor plans and study the security arrangements.They also obtain weapons,in case force is required.However,the police get information about the plan and arrest Mark and Jack before the robbery is actually committed.Which of the following crimes have Mark and Jack committed?

A) criminal conspiracy
B) extortion
C) money laundering
D) larceny

Question 43

Which Fifth Amendment provision in the U.S.Constitution do the Miranda Rights refer to?

A) double jeopardy
B) unreasonable searches and seizures
C) privilege against self-incrimination
D) parole eligibility

Question 44

Under which of the following circumstances is a warrantless search permitted?

A) if evidence is not in plain view
B) if evidence is likely to be destroyed
C) if the suspect has been previously convicted
D) if there is no probable cause

Question 45

Which of the following best describes immunity from prosecution?

A) The government's agreement not to use against a person granted immunity any evidence given by that person.
B) The government's agreement to quash all charges against a person owing to his or her physical health condition.
C) The government's assurance that a convicted person will not be subjected to cruel and unusual punishment.
D) The government's willingness to quash all charges against a convicted person owing to the good deeds he/she performed in the past.

Question 46

Richard Bell,an organized crime boss and casino owner,has made a lot of money with his illegal drug operations and illegal gambling.In order to make it look like he earned it legitimately,Richard hired crooks to take the drug money and spend it in Richard's casinos in discreet amounts.The crooks are supposed to lose the money on purpose so that the casino can claim this as winnings.The crooks are then paid a small amount for their services.Under which federal law would Richard be tried for his mob activities,if he were caught?

A) Identity Theft and Assumption Deterrence Act
B) Racketeer Influenced and Corrupt Organizations Act
C) Counterfeit Access Device and Computer Fraud and Abuse Act
D) Information Infrastructure Protection Act

Question 47

Richard Bell,an organized crime boss and casino owner,has made a lot of money with his illegal drug operations and illegal gambling.In order to make it look like he earned it legitimately,Richard hired crooks to take the drug money and spend it in Richard's casinos in discreet amounts.The crooks are supposed to lose the money on purpose so that the casino can claim this as winnings.The crooks are then paid a small amount for their services.What crime is Richard committing in converting his drug money to alleged legal money?

A) misappropriation
B) embezzlement
C) money laundering
D) extortion

Question 48

Which of the following rights was provided under the Sixth Amendment?

A) right against self-incrimination
B) right to public jury trial
C) right to due process
D) double jeopardy

Question 49

Which of the following best describes criminal conspiracy?

A) It refers to the use of mail or wires to defraud a person.
B) It refers to cooking up records to legitimize money gained through crime.
C) It refers to obtaining a property from a person through wrongful use of violence and intimidation.
D) It refers to an agreement entered between two or more persons to commit a crime.

Question 50

According to the________,evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trial or an administrative proceeding against the person searched.

A) presumption of innocence doctrine
B) double jeopardy rule
C) exclusionary rule
D) good faith exception

Question 51

The crime of ________ involves the obtaining of property from another,with his or her consent,induced by wrongful use of actual or threatened force,violence,or fear.

A) bribery
B) extortion
C) money laundering
D) embezzlement

Question 52

A(n)________ issued by a court authorizes the police to search a designated place for prohibited items.

A) arrest warrant
B) information document
C) indictment
D) search warrant

Question 53

________ refers to illegal acts that are committed using computers,email,the Internet,or other electronic means.

A) Mail fraud
B) Cyber Crime
C) Embezzlement
D) Racketeering

Question 54

Gregory Aimes,who is being tried for murder,has been appointed Linda Steve as an attorney for his defense.While questioning Gregory about the case,Linda gets a confession of murder from Gregory.Linda cannot divulge this information to the proper authorities due to the attorney-client privilege.Under which one of the following conditions can Linda lawfully break her attorney-client privilege with Gregory?

A) if Gregory asks that Linda be replaced as his attorney
B) if Linda voluntarily resigns as Gregory's attorney
C) if Gregory is acquitted in the case
D) if Gregory discloses to Linda about a planned future murder

Question 55

The Double Jeopardy Clause of the Fifth Amendment protects persons from ________.

A) evidence procured through unreasonable search and seizures
B) confessions obtained through physical force during an interrogation
C) being tried twice for the same crime
D) being subjected to a heavier penalty or longer imprisonment than originally sentenced to

Question 56

Which of the following does the Money Laundering Act prohibit?

A) the fraudulent conversion of property by a person to whom that property was entrusted
B) obtaining property from another, with his or her consent, induced by wrongful use of actual or threatened force
C) the use of mails or wires to defraud another person
D) knowingly engaging in a financial transaction involving the proceeds of an unlawful activity

Question 57

Extortion of private persons is commonly referred to as ________.

A) blackmail
B) embezzlement
C) deceit
D) bribery

Question 58

According to the RICO act,a pattern of racketeering is defined as ________.

A) two business-related criminal acts within a five-year period
B) two business-related criminal acts within a ten-year period
C) five business-related criminal acts within a five-year period
D) five business-related criminal acts within a three-year period

Question 59

Which of the following would violate the Double Jeopardy Clause?

A) The criminal act violates more than one jurisdiction and each jurisdiction tries the accused in turn.
B) A case reaches a hung jury in court and the government reopens the case with a new jury.
C) A person is tried for a case similar to a case from which he was acquitted earlier.
D) The government reopens a case after new incriminating evidence is found against an acquitted person.

Question 60

Which of the following Amendments protects criminal defendants from cruel and unusual punishment,and also protects criminals from torture?

A) Fifth Amendment
B) Fourth Amendment
C) Eighth Amendment
D) Fourteenth Amendment

Question 61

Larceny is defined as the wrongful and fraudulent taking of another person's personal property other than from his or her person or building.

Question 62

The burden of proof in a criminal trial is on the government to prove that the accused is guilty of the crime.

Question 63

During an arraignment proceeding,the accused is informed of the charges and asked to enter a plea.

Question 64

During plea bargain negotiations,the accused admits to a lesser crime than charged in exchange for a lesser sentence.

Question 65

Specific intent crime does not require the perpetrator to know the actual result of the crime in advance.

Question 66

In criminal cases,a grand jury determines whether a person is guilty or innocent.

Question 67

The term "probable cause" refers to the substantial likelihood that a person either committed or is about to commit a crime.

Question 68

Embezzlement involves fraudulently altering a written document that affects the legal liability of another person.

Question 69

An indictment is a formal charge issued by a grand jury before a person can be brought to trial.

Question 70

Money laundering refers to the process of legitimizing money obtained through illegal activities.

Question 71

At least half of the jurors must agree before the accused is found guilty of the crime charged.

Question 72

A person charged with a crime in the United States is presumed guilty until proven innocent.

Question 73

In a criminal lawsuit,a private party is the plaintiff.

Question 74

Extortion refers to the threat to expose something about another person unless that other person gives money or property.

Question 75

Violations are the least serious of crimes,and they are generally punishable by fines.

Question 76

A nolo contendere plea involves the accused admitting guilt to all charges.

Question 77

The police have the right to perform warrantless arrests when a judge turns down the request for an arrest warrant.

Question 78

Nonintent crimes are often imposed for reckless or grossly negligent conduct that causes injury to another person.

Question 79

Felonies are considered as less serious crimes that are not inherently evil.

Question 80

First-degree murder is the unintentional and unlawful killing of a person due to a negligent act.