Deck 6: Criminal Law and Cyber Crimes

Question 1

Forgery includes counterfeiting.

Answer 1

True

Question 2

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

Answer 2

False

Question 3

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

Answer 3

False

Question 4

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

Question 5

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

Question 6

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

Question 7

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

Question 8

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

Question 9

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

Question 10

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

Question 11

Stealing computer time is not a crime.

Question 12

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 13

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

Question 14

Only public officials prosecute criminal defendants.

Question 15

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

Question 16

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

Question 17

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

Question 18

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

Question 19

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

Question 20

Obtaining another person's phone card number so that it may be used to make unauthorized long-distance calls is theft.

Question 21

Some felonies are actually misdemeanors.

Question 22

"Stealing" computer data is not a crime unless the data is altered or erased.

Question 23

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 24

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

Question 25

Only white-collar crimes are prosecuted under RICO.

Question 26

A mistake of fact is a defense to criminal liability.

Question 27

Ben wrongfully takes an unopened carton from a City Warehouse loading dock,puts the carton in his car,and drives away.A person who wrongfully or fraudulently takes and carries away another's personal property is guilty of

A)burglary.
B)forgery.
C)larceny.
D)robbery.

Question 28

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

Question 29

Bait 'n Tackle Corporation switches trademarks on products that it buys to sell to consumers.This is

A)burglary.
B)forgery.
C)larceny.
D)robbery.

Question 30

A person may not be responsible for a criminal act if,as a result of a mental defect,he or she did not appreciate the wrongfulness of the act.

Question 31

Ignorance of the law is a defense to criminal liability.

Question 32

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

Question 33

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

Question 34

Voluntary intoxication is always a defense to criminal liability.

Question 35

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

Question 36

A federal judge must adhere strictly to federal sentencing guidelines.

Question 37

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

Question 38

Downloading confidential information is not a crime even if it is done without their owners' permission.

Question 39

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 40

Jack receives an MP3 player stolen from Kelly.To be criminally liable,Jack

A)must know only that the player is stolen.
B)must know only that Kelly is the true owner.
C)must know that the player is stolen and that Kelly is the true owner.
D)need not know that the player is stolen or that Kelly is the true owner.

Question 41

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

A)dissolution of her business but not forfeiture of its assets or imprisonment.
B)forfeiture of the business assets but not dissolution of the business or imprisonment.
C)imprisonment and dissolution of her business but not forfeiture of its assets.
D)dissolution of her business,forfeiture of its assets,and imprisonment.

Question 42

Doug gains access to government records and alters certain dates and amounts in his favor.This is

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

Question 43

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 44

Dian points a gun at Edie,threatening to shoot her unless she takes a certain file from Great Pharmaceutical Corporation.Charged with theft,Edie can successfully claim as a defense,

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

Question 45

Ira signs Jill's name,without her authorization,to the back of a check made out to her.This is

A)burglary.
B)forgery.
C)larceny.
D)robbery.

Question 46

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 47

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 48

Randi,an employee of Sales Omni,Inc. ,pays Talula,an employee of Sales's competitor U-Pic Company,for a secret Sales pricing schedule.This may be

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

Question 49

Ida is charged with a crime of which she claims she was ignorant.In some states,a mistake of law is a defense

A)if the law was not reasonably made known to the public.
B)if the mistake negates the mental state necessary to commit a crime.
C)if the perpetrator was intoxicated.
D)under any circumstances.

Question 50

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 51

Bernice,an employee of City 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 52

Dina,a businessperson,is charged with RICO offenses.Dina may be sub?ject to penalties under RICO for a "pattern of racketeering activity" only if she

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

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 choices.

Question 54

Devon commits a criminal act while intoxicated.Voluntary intoxication may be a defense

A)if it negates the state of mind that a crime requires.
B)if it removes a person's normal social inhibitions.
C)under any circumstances.
D)under no circumstances.

Question 55

Jared is charged with a crime.Almost all federal courts and some state courts would not hold Jared liable if,at the time of the offense,as a result of a mental disease or defect,Jared lacked 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 56

After Edie solicits investors to invest 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 57

Cathy causes a disturbance at Diners Cafe.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)ten years.
D)thirty days.

Question 58

Jay 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 59

Earl,driving while intoxicated,causes a car accident that results in the death of Frank.Earl 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)ten years.
D)thirty days.

Question 60

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 61

Sophie is the president of Tasty Foods Corporation,a wholesale grocery company.An inspection by Uri,a government agent,uncovers unsani?tary conditions caused by Vic,a Tasty Foods employee,in the company's ware?house.Will,a Tasty Foods 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 Foods be convicted of a crime in these circumstances? Can Sophie be held personally liable?

Question 62

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

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

Question 63

Jim is indicted for a crime.Before he is arrested,he confesses to the crime in a conversation with Kelly,the arresting officer.Kelly then arrests Jim and advises him of the right to counsel.Jim waives the right and repeats his confession.Later,Jim claims that his initial statement should be excluded as evidence from his trial.The statement will most likely be

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

Question 64

Lara is indicted for a crime.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 65

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

A)can be prosecuted only for the crime about which she 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 66

The police arrest Lou,who confesses to a crime.Later,Lou refutes the confession and demands a trial,at which witnesses testify they saw him commit the crime.Lou is convicted and sentenced.The U.S.Constitution provides safeguards against all of the following except

A)deprivations of life or liberty without due process of law.
B)not being allowed to question witnesses.
C)punishment.
D)self-incrimination.

Question 67

Bob is arrested at his home,after the police search it and seize certain property to be used as evidence.A judge sets Bob's bail,as required by a state statute,and Bob is put on trial.The U.S.Constitution provides safeguards against all of the following except

A)arrests without probable cause.
B)excessive bail.
C)trying someone for a criminal offense.
D)unreasonable searches and seizures.

Question 68

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 bene?fit.Fred uses the funds in the Gain & Profit account to repay per?sonal loans.Charged with embezzlement,Fred defends his actions on the ground that he intended to repay the club.Is Fred guilty of embezzle?ment? Why or why not?

Question 69

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 70

Ben 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 Ben 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 71

Britney,an employee of Cartel Corporation,is arrested at work.A grand jury issues a formal charge against Britney for larceny.This charge is

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

Question 72

Alan,the president of Beturlife Investments,Inc. ,and Colin,Beturlife's accountant,are charged with a crime,after the police search Beturlife's offices.Under the exclusionary rule

A)certain Beturlife records are excluded from a government subpoena.
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 decid?ing the case may be excluded from the jury.