Deck 7: Crime

Question 1

A crime is a violation of statutory law.

Answer 1

True

Question 2

A felony is a crime for which a defendant can be sentenced to up to one year in prison.

Answer 2

False

Question 3

Every criminal defendant has a right to a jury trial.

Answer 3

False

Question 4

When measured in dollars,street crime costs society less than white-collar crime.

Question 5

A misdemeanor is distinguished from a felony based upon:

A)the rules of evidence.
B)the length and place of possible imprisonment.
C)the burden of proof.
D)the type of intent.

Question 6

When a judge orders a criminal defendant to reimburse the victim,it is called:

A)reimbursement.
B)restitution.
C)damages.
D)compensation.

Question 7

Congress revised and reauthorized the Patriot Act,but the revised national security letter provisions were found unconstitutional by a federal court.

Question 8

Under the laws of most states,a corporation cannot be held criminally responsible.

Question 9

German philosopher Immanuel Kant believed there was only one valid reason to punish,which was retribution.

Question 10

Which of the following statements about the Fifth amendment is correct?

A)It establishes due process.
B)It prohibits double jeopardy.
C)It bars government from forcing any person to testify against himself.
D)All of the above.

Question 11

In order for the government to obtain a criminal conviction,it must prove its case beyond a reasonable doubt.

Question 12

Jeff picks up a piece of metal pipe and swings it at Gary,hitting him across the back of the head.In a case for criminal assault,the prosecution must prove what mens rea?

A)Specific intent.
B)Jeff voluntarily hit Gary.
C)Jeff intended to hit Gary.
D)Jeff intended to cause serious injury to Gary.

Question 13

Roger assaulted Jim in a tavern,causing medical expenses and lost wages.

A)Roger can be prosecuted by the state for a criminal offense and Jim may sue him for money damages.
B)If Roger is convicted of criminal assault, Jim is not allowed to sue him for money damages since that would violate the double jeopardy clause of the Constitution.
C)If Jim refuses to press charges against Roger, the state cannot initiate a criminal proceeding against him.
D)Jim can elect to sue for money damages or proceed with criminal charges.

Question 14

General deterrence is intended to teach a specific defendant not to repeat criminal conduct.

Question 15

Actus reus means the "guilty act" and is one element the prosecution must prove in a criminal case.

Question 16

The parties to a criminal trial are the victim and the defendant.

Question 17

Bieber v.People considered the intent requirement in an armed robbery case.

Question 18

Entrapment can be a defense to a criminal act.

Question 19

Criminal defendants have the right to a lawyer at all the important stages of the criminal process.

Question 20

The Fifth Amendment declares that a person cannot be tried twice for the same criminal offense.

Question 21

The intent required to commit a burglary would be:

A)general intent.
B)reckless conduct.
C)strict liability.
D)specific intent.

Question 22

Alison,an employee of Gerstad Corporation,committed a serious criminal act in an attempt to obtain a large sales order for her employer.A court found her guilty of the felony and also found the corporation guilty of criminal conduct.The company was fined $1 million.Which of the following statements is correct?

A)The court violated the Double Jeopardy Clause of the Constitution.
B)The court properly decided the case.
C)The court violated the Due Process Clause of the Constitution by holding both defendants criminally liable.
D)The court violated the Fifth Amendment as corporations cannot be held criminally liable for their employees' crimes.

Question 23

The fraudulent conversion of property which is already in the defendant's possession is:

A)money laundering.
B)exclusion.
C)embezzlement.
D)trespassory taking.

Question 24

British Petroleum,found guilty of two serious environmental violations as discussed in the textbook:

A)was fined a total of $2 million for both criminal violations.
B)was fined $6 million for each of the criminal violations.
C)was fined a total of $62 million for both criminal violations.
D)received no fines because a corporation cannot be fined without hurting innocent shareholders.

Question 25

Which of the following statements about the exclusionary rule is correct::

A)Illegally obtained evidence is not permitted to be used at a criminal trial.
B)It is based on the Fourth Amendment.
C)Good faith is an exception to the rule.
D)All of the above.

Question 26

Jeff sent letters to 1,000 people offering to send them information that would help them save money on health care $49.99.If they sent her the money,the brief,generally known information he sent them was: "Don't get sick." Jeff is guilty of:

A)mail fraud.
B)arson.
C)embezzlement.
D)nothing.He never forced anyone to send him the money.

Question 27

Andy burned his own warehouse in order to collect on a fire insurance policy.Andy has committed:

A)arson.
B)larceny.
C)embezzlement.
D)an intentional tort.

Question 28

The criminal penalties under RICO include all EXCEPT:

A)imprisonment.
B)capital punishment.
C)confiscation of property acquired through the criminal activity.
D)fines.

Question 29

The trespassory taking of personal property with the intent to steal it is a definition of:

A)arson.
B)larceny.
C)embezzlement.
D)misdemeanor.

Question 30

The burden of proof required in a criminal case is:

A)clear and convincing.
B)a preponderance.
C)beyond a reasonable doubt.
D)highest degree of honesty.

Question 31

Tina is an undercover police officer.One evening she is posing as a prostitute in a bar.Larry,a salesman who is attending an out-of-state convention,begins talking with Tina.After about ten minutes,Tina suggests going to her room for a good time but points out he will need to "donate" $100 to her.Arriving at Tina's hotel room,Larry asks if she is a policewoman.Tina lies and says she is not.When Larry gives her $100,Tina shows him her identification and arrests him.

A)Larry appears to have been the victim of entrapment since Tina lied about being a police officer.
B)Larry appears to have been the victim of entrapment since Tina was the one who suggested the activity that resulted in Larry's arrest.
C)Both of the above are correct.
D)None of the above.

Question 32

A successful insanity defense:

A)results in the defendant's being back on the streets within a much shorter time than if the defendant were convicted and sent to prison.
B)is used in about ten percent of all criminal cases.
C)is a favorite outcome for juries since they ordinarily dislike convicting felons and sending them to prison.
D)results in a "not guilty" verdict, even if the prosecution proves the defendant committed the criminal act.

Question 33

Barden Corporation was convicted of violating federal RICO laws.Accordingly:

A)the government may file criminal charges against both the company and the individuals associated with the criminal acts.
B)the government may file a civil lawsuit against the company to obtain injunctions and other relief.
C)individuals may file civil lawsuits against the company for violating the RICO statute to recover losses sustained by the criminal act.
D)All the above are correct.

Question 34

The Miranda warning insures that the criminal suspects understand their constitutional rights relating to:

A)search and seizure.
B)self incrimination.
C)double jeopardy.
D)arrest and indictment.

Question 35

Miguel reprogrammed a cellular telephone so that the calls were improperly charged to another account.Which statute has he violated?

A)The federal Wire and Electronic Communications Interception Act.
B)The federal Access Device Fraud Act.
C)The federal Identity Theft and Assumption Deterrence Act.
D)Only a state statute, the Telephone Fraud Act, since there is no federal legislation related to this problem.

Question 36

Important steps in the criminal process,in the proper order,include:

A)probable cause hearing, search, arrest, indictment, arraignment, plea bargain, and trial.
B)arraignment, booking, bail hearing, trial, and grand jury indictment.
C)arrest, probable cause hearing, motion to suppress, booking, and trial.
D)indictment, arrest, probable cause hearing, plea bargain, arraignment, trial, and appeal.

Question 37

Eric was charged with attempted murder.His defense was that he was insane at the time of the act.A jury accepted Eric's defense.Eric will:

A)probably be committed to a mental hospital and when that hospital determines he is no longer a danger to society, he will be released.
B)be declared guilty, but will have to serve his sentence in a mental hospital rather than in prison.
C)have to be committed to a mental hospital until he regains his sanity, at which time he will be retried.
D)be sent to prison once he is released from the mental ward.

Question 38

The primary purpose of RICO was:

A)to raise revenue.
B)to be a tool against organized crime.
C)to prosecute those engaged in tax fraud.
D)all of the above

Question 39

Mulcare Corp.started a compliance program to prevent and detect criminal conduct within the company and had specific,high-level officers in charge of overseeing the program.The company effectively communicated the program to its employees and monitored those employees who were in a position to cheat.It promptly disciplined anyone who broke the law.One effect of having this program is:

A)federal investigators would no longer investigate the company since Mulcare could take care of any problems internally.
B)federal investigators might be convinced to limit any prosecution to those directly involved rather than attempting to get a conviction against high-ranking officers or against the company itself.
C)the Federal Sentencing Guidelines no longer apply.
D)any cases would be prosecuted in state, rather than federal, court.

Question 40

Diane,a police officer,stops Tim's car for a traffic offense.While talking to Tim,she shines a flashlight into the passenger compartment of Tim's car and sees evidence of drug paraphernalia.Which statement is correct?

A)Diane may search the passenger compartment of the car and any place else in the car, including the trunk, without Tim's consent.
B)Diane may search the passenger compartment of the car without Tim's consent; however, she may not search the trunk of the car without his consent or without a search warrant.
C)Diane may not search the passenger compartment of the car (nor any place else) without Tim's consent or a search warrant.However, she can require Tim to remain parked until the search warrant is brought to her.
D)Under the above circumstances, Diane can write Tim a traffic citation but cannot search the vehicle.

Question 41

Dan was arrested and taken to an interrogation room for questioning.After signing a statement waiving his Miranda rights,he agreed to answer questions without a lawyer.After about ten minutes,he told the officers he changed his mind and wanted to talk to a lawyer before answering any more questions.The officers left the room and then came back in.They told Dan that his partner was confessing to the crime and that,"If your partner confesses first and makes a deal,you're the one who's going to go down for this." Dan looked at them without saying anything.After a minute,the officer began questioning Dan again and he confessed to the crime after about an hour.Is this confession admissible?

Question 42

Elisa was suspicious of her neighbor,whom she thought was involved in selling illegal drugs.One day she arrived at her apartment and saw a large paper sack tied up with string in front of her neighbor's door.She took the bundle into her apartment,opened it,and discovered it was full of cocaine.She called the police and the neighbor was arrested.Could the neighbor claim that the evidence was illegally obtained under the Fourth Amendment?

Question 43

List and discuss the protections afforded criminal defendants by the Bill of Rights.

Question 44

Compare and contrast money laundering and embezzlement.Give an example of each.

Question 45

Discuss the growing problem of identity theft,including how thieves get personal information,what they do with this information,and how a victim should respond.