Deck 6: Criminal Law

Question 1

The American Law Institute's Model Penal Code provides that a corporation cannot be convicted of a criminal offense for the conduct of its employees or board of directors.

Answer 1

False

Question 2

Misdemeanors are less serious crimes punishable by a fine or imprisonment in a local jail.

Answer 2

True

Question 3

RICO provides for criminal penalties, but contains no provision for civil penalties.

Answer 3

False

Question 4

Kim offered $50,000 to the vice president of operations of ChemKore Co.to induce her to divulge a secret process.In some states Kim would be guilty of commercial bribery.

Question 5

In the People v.Farell case, the court looked first to the words of the statute itself to determine legislative intent and determined that the theft statute applied to trade secrets as well as money.

Question 6

The key distinction between larceny and embezzlement is whether the person taking the property has the intent to deprive the victim permanently of the goods.

Question 7

The state may appeal a verdict of "not guilty" if there is an error in the trial.

Question 8

Under the United States legal system, guilt is never presumed by the court.

Question 9

Mala in se crimes are those crimes that are not morally wrong but are declared wrongful by the legislature.

Question 10

Corporations may be held criminally liable.

Question 11

The defendant must testify in a criminal proceeding.

Question 12

The burden of proof in a criminal case is the same as that in a civil case.

Question 13

Civil law is a part of public law, whereas criminal law is a part of private law.

Question 14

Bill has had a problem with vandalism at his business, so he rigs up a spring gun at the entryway to his store, so that any after-hours intruder will be shot upon entry.Bill may legally use this deadly force to protect his business.

Question 15

If Gene mistakenly hits Audrey with his truck and kills her, when he intended to hit and kill Cerise, his intent to kill Cerise is transferred to Audrey, regardless of whether he even knew Audrey, for the purpose of fulfilling the mental element of the crime.

Question 16

Robbery is a larceny accompanied by force or a threat of force.

Question 17

The same conduct cannot be both a crime and a tort, which is a civil wrong.

Question 18

The Fifth Amendment protects all individuals against unreasonable searches and seizures.

Question 19

The Fifth Amendment would protect a defendant from having to give blood samples to the prosecution since it would be a form of self-incrimination as interpreted by the courts.

Question 20

A crime is an act or omission in violation of public law and punishable by the government.

Question 21

The Federal Organizational Corporate Sentencing Guidelines require corporations to formulate and implement compliance programs to deter crimes by their employees.Implementation of adequate compliance programs can lead to lesser penalties when crimes do occur.

Question 22

A "bench trial" is one in which the decision is made without a jury.

Question 23

The Federal Organizational Corporate Sentencing Guidelines may require restitution to victims of certain corporate crimes.

Question 24

Vicarious liability is liability imposed upon one person for the acts of another.

Question 25

Crimes consist of two basic elements.

Question 26

A sender of unsolicited commercial electronic mail who misleads recipients as to the source or content of the e-mail has violated federal law, the CAN-SPAM Act.

Question 27

A preliminary hearing is held in a criminal case to determine whether there is probable cause to believe the defendant is the one who committed the crime.

Question 28

RICO has been successfully applied to businesses that are not engaged in organized crime, despite the fact that its intent is to target organized crime.

Question 29

Carelessness or negligence is a form of subjective fault.

Question 30

The Fifth Amendment protects a defendant from double jeopardy.

Question 31

Tracey offered the police chief $10,000 to ignore illegal gambling activity in her establishment.Tracey cannot be found guilty of bribery since the police chief refused her offer.

Question 32

Although mens rea is a required element for most crimes, many regulatory statutes dispense with it.

Question 33

The Sixth Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital offense except by grand jury indictment.

Question 34

Today most crimes are covered by statutory law rather than by the common law, although many of the crimes in statutory form had their origins in the common law.

Question 35

Some states still recognize common law crimes.

Question 36

White-collar crime is defined as a nonviolent crime usually involving deceit, corruption, or breach of trust.

Question 37

Robbery and burglary are the same crime.

Question 38

Murder is a mala prohibita type of crime.

Question 39

RICO defines a pattern of racketeering as the commission of three or more predicate acts within a five-year period.

Question 40

Selling liquor to a minor can result in criminal liability only if the seller intended to sell to an underage person.

Question 41

Which of the following is correct with respect to a grand jury?

A)The grand jury decides the ultimate guilt or innocence of the defendant.
B)The grand jury hears testimony of the defendant.
C)The grand jury issues an indictment if it finds sufficient evidence to justify a trial on the charges alleged.
D)All of the above are correct.

Question 42

The Fourth Amendment to the Constitution:

A)requires a speedy trial.
B)prevents double jeopardy.
C)prohibits unreasonable search and seizure.
D)All of the above.

Question 43

Two boys held up a liquor store at gunpoint and ran off with a bag of money.The police saw them run into Jill's apartment building where there are only four apartments off a common hall and no apparent way out of the building but the front door.The police knock on Jill's door.She says she's the only one there.The police can:

A)search the apartment without a warrant because Jill voluntarily answered the door.
B)search the apartment without a warrant because they are in hot pursuit of the thieves.
C)not search the apartment, because they have no reason to believe that the boys are in Jill's apartment rather than the others.
D)not search the apartment because voluntary consent to enter is necessary.

Question 44

The crime of larceny includes in its definition:

A)the nontrespassory taking and control of personal property.
B)the trespassory taking and carrying away of personal property.
C)assault.
D)the taking and control of personal or real property.

Question 45

There are no federal common law crimes.

Question 46

The defense of entrapment arises when:

A)a law enforcement official induces a person to commit a crime whether that person, under ordinary circumstances, would have done so or not.
B)any person induces any other person to commit a crime when the person induced would not ordinarily have done so.
C)a police officer or other government official or agent acts to induce an individual to commit a crime when that individual would not ordinarily have done so.
D)law enforcement officials act aggressively to prevent a crime.

Question 47

Bill is the accountant for Cheatam and Sons Co.For many years he has kept two sets of books, one with real figures and another with figures he will use in case the IRS audits.When Bill, while working on Cheatam's books, is arrested for fraud, what will happen to the books?

A)They are privileged communications and therefore inadmissible as evidence against Bill.
B)They are protected by the Fifth Amendment and therefore are inadmissible.
C)They may be admitted as evidence since the Fifth Amendment does not protect business records.
D)They may be admitted as evidence only if Bill consented to a search of his offices.

Question 48

A defendant who is indicted will next be:

A)jailed.
B)tried.
C)arraigned.
D)prosecuted.

Question 49

How much force may an individual use to protect her property?

A)As much as is necessary.
B)Deadly force.
C)Reasonable force, but not deadly force.
D)All of the above are correct.

Question 50

The Sarbanes-Oxley Act passed in 2002 is the first comprehensive federal statute prohibiting computer crime.

Question 51

All jurisdictions have enacted laws making it a crime to write a check when there is not enough money in the account to cover the check.

Question 52

The term mens rea refers to the mental intent element of a crime.

Question 53

The fraudulent conversion of another's property by one in lawful possession of it is:

A)robbery.
B)theft.
C)larceny.
D)embezzlement.

Question 54

Individuals may use reasonable force to protect individuals, themselves, and their property.Under the majority rule, reasonable force would mean:

A)deadly force is reasonable to protect property.
B)deadly force is never reasonable to protect property.
C)deadly force if an attack threatens the victim with serious bodily harm.
D)Both (a) and (c).
E)Both (b) and (c).

Question 55

Embezzlement and forgery are considered white-collar crimes.

Question 56

Another name for an indictment is a(n):

A)true bill.
B)arraignment.
C)verdict.
D)preliminary hearing.

Question 57

What happens if the police illegally seize evidence in violation of the Fourth Amendment?

A)The evidence will be excluded from use at trial.
B)The defendant's arrest is nullified.
C)The defendant is entitled to another trial.
D)The defendant will be paid for the expenses of his defense.

Question 58

The term mala prohibita refers to the bad act element of a crime.

Question 59

Which one of the following is NOT true of a criminal suit?

A)A criminal suit is brought by the government, not by an individual.
B)In a criminal suit, guilt is never presumed.
C)A criminal suit often results in repayment to the victim.
D)A criminal suit requires a higher burden of proof.

Question 60

Which of the following constitutes computer crime?

A)Theft or vandalism of computer hardware, software, or secrets.
B)Distributing child pornography via computer.
C)Implanting a malicious code.
D)All of the above.

Question 61

At the __________, the accused is informed of the charge against him and enters his plea.

A)preliminary hearing
B)arraignment
C)indictment
D)information

Question 62

Anita tells Bob that unless Bob pays her $5,000, she will tell his customers that he was once arrested for shoplifting as a teenager.The fact that Bob shoplifted as a teenager is true.

A)In most jurisdictions Anita has committed the crime of extortion.
B)Anita has committed the crime of defamation.
C)Anita has committed the crime of bribery.
D)In all jurisdictions in the United States, Anita would have to have received the money from Bob to be charged with a crime.

Question 63

A crime that is punishable by a fine or imprisonment in a local jail is a:

A)felony.
B)white-collar crime.
C)misdemeanor.
D)mala prohibita crime only.

Question 64

The __________ provides that the federal government shall provide the accused with a speedy and public trial by an impartial jury.

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

Question 65

Under the common law as well as most statutes, __________ is larceny with the additional elements that the property is taken from the victim or in the immediate presence of the victim and the act is accomplished through either force or threat of force.

A)burglary
B)extortion
C)bribery
D)robbery

Question 66

The criminal intent necessary to commit a crime is known as:

A)actus reus.
B)mens rea.
C)the M'Naghten test.
D)malice aforethought.

Question 67

An employer directs his vice-president of marketing to fix prices with their company's competitors.If the employee does so:

A)only the employee is liable.
B)both the employee and the employer are liable.
C)only the employer is liable.
D)neither the employee nor the employer is liable.

Question 68

At common law, __________ was defined as a breaking and entering of a dwelling of another at night with the intent to commit a felony.

A)burglary
B)bribery
C)robbery
D)theft

Question 69

The degrees of mental fault in criminal law include which of the following?

A)Subjective fault, which includes a purposeful, knowing, or reckless mental state.
B)Objective fault, which would be a negligent or careless mental state.
C)Liability without fault, where no requisite mental state or even knowledge of the act is required in some instances.
D)All of the above.
E)None of the above

Question 70

Paul, a police officer, is working as an undercover drug agent.He enrolls in classes at the local university where he meets several students in business administration and invites them to come to his house for a party.No mention is made of any drugs, but he does say he will have a keg of beer.Shortly after his guests arrive, he gets out some marijuana and offers it to the group.All of them refuse except for Sam, who has never tried it before.When Paul encourages Sam to try it and Sam lights up the joint, Paul arrests Sam for possession of a controlled substance.Sam:

A)is clearly guilty as charged.
B)can raise the defense of entrapment and argue that Paul has enticed him to commit a crime he would not have done otherwise.
C)can use the defense of duress.
D)can use the Fourth Amendment to exclude the marijuana as evidence that has been illegally seized.

Question 71

Which of the following is a goal of criminal process or procedure?

A)Effective enforcement of the criminal law.
B)Requiring the defendant to bear the burden of proof.
C)Advancing the inquisitorial system of adjudication.
D)All of the above.

Question 72

The privilege against self-incrimination extends to which of the following?

A)Providing a handwriting sample.
B)Appearing in a line-up for identification purposes.
C)Taking a blood test after an accident.
D)None of the above are protected by the privilege against self-incrimination.

Question 73

The Sarbanes-Oxley Act has all but which of the following provisions?

A)Creating a five-person Accounting Oversight Board with authority to review and discipline auditors.
B)Creating severe civil and criminal penalties for enterprises that engage in the commission of two or more predicate acts within a period of ten years.
C)Increasing the penalties for existing federal crimes and creating new criminal offenses.
D)Adding new financial disclosure requirements.

Question 74

A warrant is required for a search by the police except where:

A)the police are in hot pursuit of a fugitive.
B)voluntary consent is given to the search.
C)evidence of a crime is in plain view of the police officer.
D)All of the above.

Question 75

Under RICO, a __________ is any of several criminal offenses such as murder, kidnapping, arson, extortion, and drug dealing.

A)predicate act
B)liable act
C)white-collar crime
D)mala in se act

Question 76

Losses due to computer crimes are estimated to be:

A)in the millions of dollars.
B)in the tens of billions of dollars.
C)in the trillions of dollars.
D)decreasing because of stricter security measures now in place.

Question 77

Tyler is self-employed and alters some receipts so he will show more expenses and therefore have a greater total of income tax deductions.Tyler has:

A)committed the crime of extortion.
B)engaged in securities fraud.
C)engaged in no criminal activity.
D)committed the crime of forgery.

Question 78

A criminal trial is similar to a civil trial, but there are some significant differences.These differences are:

A)the defendant is always the government in a criminal trial.
B)burden of proof on the prosecution is to prove guilt beyond a reasonable doubt in a criminal trial.
C)the defendant is required to testify.
D)All of the above.

Question 79

The __________ Amendment prohibits excessive bail and prohibits cruel and unusual punishment.

A)Fourth
B)Fifth
C)Sixth
D)Eighth

Question 80

Which of the following is found in the Fifth Amendment to the U.S.Constitution?

A)A privilege against self-incrimination.
B)A requirement of probable cause.
C)A prohibition against cruel and unusual punishment.
D)The right to an attorney.