Deck 14: Criminal-Law

Question 1

The mens rea for recklessness involves the same elements and standards as those required for intentional wrongdoing.

Answer 1

False

Question 2

The Fifth Amendment provides extensive protection to corporations and businesses against use of records and papers.

Answer 2

False

Question 3

In Riley v.California,the defendant,while in custody after an arrest,received phone calls from a number identified as "my house." The police inspected the information on defendant's phone and ascertained his address,secured a warrant,and recovered contraband which was introduced in the case against the defendant.The main issue on appeal before the U.S.Supreme Court was whether police may search the contents of an arrestee's cell phone without a search warrant.

Answer 3

True

Question 4

The Model Prison Code is a set of criminal law statutes that were proposed by the National Conference of Commissioners on Uniform State Laws for adoption by the states.

Question 5

Obstruction of justice occurs when an individual takes an oath to tell the truth and willfully and contrary to the oath states a material matter the witness does not believe to be true.

Question 6

An arrest is considered a seizure under the Fourth Amendment.

Question 7

A sales representative who accepts a kickback from a purchaser of his or her employer's products is not guilty of a crime based on the good faith exception.

Question 8

Under strict liability,a defendant can be guilty of a crime regardless of his or her state of mind.

Question 9

The Fifth Amendment grants the criminal defendant a right to a trial by jury.

Question 10

The Sixth Amendment's right to counsel means the accused has the right to his or her own attorney.

Question 11

State laws imposing criminal sanctions for security law violations are called blue sky laws.

Question 12

Phishing involves tricking victims into divulging personal information (especially credit card information)over the Internet.

Question 13

Criminal recklessness occurs when a person consciously intends to cause the harmful result.

Question 14

In Bond v.United States,the U.S.Supreme Court held that a border patrol officer cannot touch or squeeze a bus passenger's carry-on bag placed in the overhead rack,even though other passengers might also be expected to touch the bag.

Question 15

Most computer-aided thefts can be prosecuted under traditional state larceny laws.

Question 16

Because organizations are held liable for the criminal actions of all their employees and agents,they do not achieve mitigation of fines by cooperating with or self-reporting misconduct to authorities.

Question 17

Requiring a person to appear in a lineup does not violate the Fifth Amendment privilege against self-incrimination.

Question 18

A misdemeanor is a crime punishable by a fine or a jail sentence of one year or less.

Question 19

Evidence illegally obtained by the police in violation of the Fourth Amendment will be excluded from trial regardless of whether the police acted in good faith.

Question 20

In the case of a felony,many states require a preliminary hearing so the prosecutor can present probable cause that the defendant committed the crime.

Question 21

Criminal law protects society principally by:

A) vindicating society's values.
B) compensating the victim.
C) punishing the criminal.
D) defining the rules of social behavior.

Question 22

A __________ is any crime that is punishable by death or imprisonment for more than one year.

A) misdemeanor
B) felony
C) federal offense
D) white collar crime

Question 23

Which of the following types of immunity prohibits any criminal prosecution of a witness that relates to any matter discussed in his or her testimony?

A) Transactional
B) Use
C) Nolo contendere
D) Plea

Question 24

__________ prohibits the testimony of the witness from being used against him in any way.

A) Transactional immunity
B) Use immunity
C) Nolo contendere
D) Plea bargaining

Question 25

__________ for arrest is defined as a reasonable belief that the suspect has committed a crime or is about to commit a crime.

A) Probable cause
B) Support
C) Probable reason
D) Reasonable cause

Question 26

The defendant formally pleads guilty or not guilty at the:

A) arraignment.
B) preliminary hearing.
C) indictment.
D) trial.

Question 27

Which of the following is NOT an exception to the warrant requirement for a lawful search?

A) A search when the owner or a person who appears to have authority voluntarily and intelligently consents to the search
B) A search of a residence if there is probable cause to believe evidence of a crime will be found
C) Anything discovered by police in plain view if the officers are legitimately on the premises
D) A stop and frisk of a suspect if the officer reasonably believes the suspect is dangerous

Question 28

The Ex Post Facto Clause is violated when:

A) a defendant pleads nolo contendere to a charge and is sentenced anyway.
B) an individual is sentenced under Federal Sentencing Guidelines that become effective after the individual committed an offense when application of the new guidelines resulted in a harsher sentence than would have been imposed when the offense occurred.
C) a person is prevented from having to bear legal consequences for an act when such legal consequences did not exist at the time the act was committed.
D) the length of a convicted individual's sentence and the amount of the fine fall outside a specified range.

Question 29

In Kyllo v.United States,the U.S.Supreme Court addressed the question of whether the police may use infrared thermal-image scanners to scan homes without a warrant in order to find artificial heat sources,such as heat being released from grow lights for hidden marijuana crops.How did the Court rule?

A) The police may not use infrared thermal-image scanners to scan homes without a warrant.
B) The police may use infrared thermal-image scanners to scan homes without a warrant.
C) The police may use infrared thermal-image scanners to scan homes without a warrant only if the police received a tip from an informant that the process would reveal criminal activity.
D) The police may use infrared thermal-image scanners to scan homes without a warrant only if the home owner had previously been arrested for an offense involving drug trafficking.

Question 30

United States v.Jones involved a question of a GPS tracking device placed on a car that was tracked for over a month.The U.S.Supreme Court held that installing the device was:

A) a search incident to a lawful arrest,and did not require a search warrant.
B) analogous to a traffic stop in plain view,and therefore did not require a traffic stop.
C) "negligible" trespass on private property,which did not require a search warrant.
D) a trespass on private property,which required a search warrant.

Question 31

Which of the following is NOT true regarding seizures and searches after a traffic stop by a police officer?

A) If a police officer makes a traffic stop that is objectively justified by probable cause to believe a traffic violation has occurred,then it is irrelevant that the police officer might have used the violation only as a pretext to stop the car.
B) Police officers need not inform detained drivers that they are "legally free to go" before asking for consent to search their vehicles.
C) A police officer may order passengers out of a vehicle during the course of a traffic stop.
D) Without driver consent,a police officer can conduct a full car search after issuing a routine traffic citation.

Question 32

A(n)__________ is a court order based on an agreement by the defendant corporation to take measures to remedy the problem that led to the criminal charges.

A) ex post facto agreement
B) nolo contendere
C) consent decree
D) warrant agreement

Question 33

_____ specify (specifies)actions that are U.S.federal criminal offenses.

A) The U.S.Code
B) The Code of Federal Regulations
C) Both the U.S.Code and the Code of Federal Regulations
D) The U.S.Code,the Code of Federal Regulations,and the Model Penal Code

Question 34

Which of the following is true regarding the plea of nolo contendere?

A) It means that the defendant contests the charges.
B) For the purposes of criminal proceedings,it is equivalent to a not guilty plea.
C) It cannot be introduced at a subsequent civil trial.
D) It may not be used by corporate defendants who anticipate civil suits based on the same activity for which they face criminal charges.

Question 35

The number of U.S.federal criminal offenses is in the range of:

A) 300.
B) 1,000.
C) 5,500.
D) 15,000.

Question 36

The term actus reus is often used to describe a guilty:

A) thought.
B) mind.
C) deed.
D) intent.

Question 37

The Racketeer Influenced and Corrupt Organizations Act (RICO)was originally designed to combat corporate crime.

Question 38

The Computer Fraud and Abuse Act makes the accidental transmission of computer viruses illegal.

Question 39

Evidence found as the result of an illegal search may be characterized as:

A) irrelevant.
B) the fruit of the poisonous tree.
C) prosecutorial misconduct.
D) tainted goods.

Question 40

Which of the following statements is true about Miranda warnings?

A) Because of Miranda,an individual can invoke the privilege against self-incrimination by remaining silent.
B) In questioning a defendant,the police may purposefully question first and warn later.
C) A statement made by a defendant in custody is admissible only if the defendant was informed prior to police interrogation of his or her constitutional rights.
D) The privilege against self-incrimination extends to investigations by all self-regulatory organizations.

Question 41

Which of the following is NOT prohibited by the exclusionary rule?

A) Evidence found when the search went beyond the scope of the warrant
B) Evidence gathered without a warrant when a warrant was required
C) Evidence obtained by police in good faith without warrant
D) Evidence acquired directly or indirectly as a result of an illegal search,arrest,or interrogation

Question 42

Bertie,a truck driver,is told by the boss,Percy,to quickly deliver a load of steel and to get to the location within an hour.Bertie replied,"That's impossible-I'd have to go 90 miles per hour to do that." Percy said,"Well,you'd best get started." Not surprisingly,Bertie was stopped by a highway patrol officer and fined for both speeding and reckless driving.At court,Bertie told the judge that the ruling should be "not guilty" because Bertie was only acting upon orders of Bertie's boss.Is this reasoning correct?

A) Yes.
B) No.
C) Yes,but only if Bertie can establish that a written contract obligated the following of Percy's orders.
D) Yes,but only if Bertie has no previous record of speeding.

Question 43

The __________ makes it a crime for any U.S.firm or any firm controlled by a U.S.firm to make payments to an official of a foreign government in an attempt to influence the actions of the official.

A) Illegal Bribery Prohibition
B) Foreign Corrupt Practices Act
C) Extraterritorial Reach Prohibition
D) Foreign Bribery Act

Question 44

In a criminal prosecution,which of the following is true regarding evidence that the prosecution must share with the defendant?

A) The prosecution must share evidence that the defendant requests.
B) The prosecution must share any exculpatory evidence regardless of whether the defendant requested it.
C) The prosecution must share evidence that the defendant requests,and the prosecution must also share any exculpatory evidence regardless of whether the defendant requested it.
D) The prosecution is not required to share any evidence with the defendant.

Question 45

CASE 14.2 Universal Health Services,Inc.v.United States ex rel.Escobar (2016),involved a qui tam suit against Universal Health asserting that they submitted claims for reimbursement for services but failed to disclose serious regulation violations.Which of the following statements about this action is true?

A) The Court rejected the government's assertion that any statutory,regulatory,or contractual violation is material as long as the defendant knows that the government would be entitled to refuse payment were it aware of the violation.
B) A defendant should face FCA liability only if it failed to disclose the violation of a contractual,statutory,or regulatory provision that the government expressly designated a condition of payment.
C) The Court held that the implied certification theory cannot be a basis for liability.
D) The Court applied the test as to whether the undisclosed violation is material,and found that it was not relevant to but rather dispositive of the materiality inquiry.

Question 46

Paul suspects that his girlfriend Jen,who does a significant amount of photography on a freelance basis from her home,is cheating on her income taxes.One day he and Jen have a big argument,and she tells him to get lost.The next weekend,while Jen is away from her house,Paul uses his spare key to her house and goes in to her home office.He goes through the records she keeps of her receipts and checks,as well as copies of her income tax filings.Just as he suspected,Jen was taking significant cash payments without paying tax.He took the incriminating records to the Internal Revenue Service.Jen was later arrested for income tax evasion.She tells her lawyer that she wants to defend on the basis that Paul violated her Fourth Amendment rights by conducting an illegal search.Which of the following is true regarding her claim?

A) She is correct that her Fourth Amendment rights were violated by the search,and the evidence Paul obtained should be excluded from the trial.
B) She is correct that her Fourth Amendment rights were violated by the search,but the evidence Paul obtained should not be excluded from the trial.
C) She is correct that her Fourth Amendment rights were violated; but the evidence will be excluded from trial only if she can establish that she had requested that Paul return the key,and he had wrongfully refused to do so.
D) She is incorrect in asserting that her Fourth Amendment rights were violated by Paul's actions.

Question 47

In June 1994,Nicole Brown Simpson,wife of O.J.Simpson,and Ronald Goldman were found murdered outside her Brentwood,California,home.Police arrested O.J.Simpson on charges of murder.In 1995,the case went to trial and the jury eventually found Simpson not guilty despite a strong case by the prosecution.In 1997,the parents of Nicole Brown Simpson brought a wrongful death suit against O.J.Simpson.The jury in the civil trial found Simpson responsible for the murders and awarded to the victims' families $33.5 million in compensatory and punitive damages.How is it that Simpson could face two trials for the same alleged crime?

A) The bar against double jeopardy does not apply in murder charges.
B) A civil suit violates the bar against double jeopardy in all cases except wrongful death.
C) A defendant cannot be held both civilly and criminally liable,so Simpson should have countersued the Browns for malicious prosecution.
D) Because many regulatory statutes provide for both criminal and civil sanctions,a defendant may therefore be sued under both criminal and civil law for a single act.

Question 48

A valid search warrant must be:

A) supported by an oath and based on reasonable cause.
B) supported by an oath and describe in specific detail what is to be searched or seized.
C) supported by an informant.
D) issued at least 24 hours before the search.

Question 49

List several of the forms that computer crime can take,and discuss why a company might not want to reveal detected computer crime.

Question 50

United States v.Stein addressed the question of whether the constitutional rights of the defending accountants were violated when the government pressured their former employer into ending its policy of paying attorney fees.How did the Court rule?

A) The actions of the government violated the constitutional rights of the defendants resulting in the dismissal of indictments against the defendants.
B) The actions of the government violated the constitutional rights of the defendants but the indictments issued against them were not dismissed.
C) The actions of the government did not violate the constitutional rights of the defendants,primarily because white-collar crime was involved.
D) The actions of the government did not violate the constitutional rights of the defendants because the defendants could afford to pay their own attorneys.

Question 51

_____ liability is the imposition of liability on one party for the wrongs of another.

A) Vicarious
B) Validity
C) Strict
D) Felony

Question 52

Which of the following is true of the death penalty in China?

A) More than 50 crimes carry the death penalty,including bribery and certain other economic crimes.
B) Fewer than 5 crimes carry the death penalty because it is limited to crimes involving the most serious offenses such as murder.
C) While it is currently in effect for some crimes,it is outlawed beginning in 2015.
D) The death penalty is currently outlawed.

Question 53

Which of the following statements is true regarding the Sixth Amendment right to have the assistance of counsel for criminal proceedings?

A) The accused has the right to use his or her own attorney.
B) Before being taken into custody,the accused must be informed of the right to counsel.
C) The assistance of counsel must be effective according to a highly rigid standard.
D) There is no constitutional right to counsel on any appeal of a verdict.

Question 54

Which of the following statements is NOT true regarding the warrant requirement of the Fourth Amendment?

A) Some stops and searches may be justified without a search warrant.
B) The Supreme Court has permitted a warrantless search of garbage cans placed at curbside for collection.
C) An arrest warrant is generally required for arrests in the suspect's own home.
D) A search warrant is required for the government to search an individual's bank records.

Question 55

In United States v.Forrester,the Ninth Circuit Court of Appeals addressed the issue of whether,without a search warrant,the government can obtain e-mail addresses and information regarding Internet sites visited through installation of a surveillance device at the location of the Internet service provider.How did the court rule?

A) The government violated the defendant's constitutional rights because no warrant was obtained.
B) Obtaining the information did not constitute a Fourth Amendment search,because the defendant did not have an expectation to privacy in emails or websites visited.
C) Obtaining the information constituted a Fourth Amendment search,but the defendant's constitutional right to privacy was not violated.
D) Obtaining the information did not constitute a Fourth Amendment search,but the defendant's due process rights were violated.

Question 56

The Fifth Amendment protects citizens from involuntary self-incrimination.Discuss the application of this constitutional protection in the following areas: a statement made by a defendant in custody prior to receiving Miranda warnings when the police intentionally,rather than mistakenly,delayed in providing the warnings; a blood sample given by a defendant; a handwriting sample given a defendant; required participation in a lineup.Explain transactional and use immunity.How does each affect a person's right not to testify under oath? Discuss fully.

Question 57

To satisfy the burden of proof for most civil cases,the plaintiff needs to establish the facts:

A) by a preponderance of the evidence.
B) by clear and convincing evidence.
C) beyond a reasonable doubt.
D) by a higher standard of proof,given the formidable resources of the state.

Question 58

Sherdon really wants to buy a new $40,000 boat,but lacks the funds with which to do so.After spending some amount of time thinking about robbing the local bank,Sherdon casually mentions these thoughts to a friend,Pat.A few weeks later Pat and Sherdon get in a dispute regarding a jointly owned property.In a fit of anger,Pat calls law enforcement and informs on Sherdon for thinking about the bank robbery.The police arrest Sherdon.Which of the following is the most likely result assuming Pat is believed by a judge and jury?

A) Sherdon committed no crime and should be released.
B) Sherdon should be found guilty of plotting to commit a felony.
C) Sherdon should be found guilty of conspiracy.
D) Sherdon should be found guilty of the misdemeanor offense of "wrongful contemplation."

Question 59

Under the ______ a corporate officer may be found guilty of a crime if she bore a "______" to a violation of a statute dealing with "products that may affect the health of consumers."

A) Responsible Corporate Officer doctrine; responsible relation
B) Direct Liability doctrine; responsible relation
C) Vicarious Liability doctrine; responsible relation
D) Responsible Corporate Officer doctrine; supervisory relation

Question 60

Which of the following refers to private plaintiffs bringing actions from persons submitting false claims for government funds?

A) Pro se litigants
B) Qui tam plaintiffs
C) Affiliated litigants
D) State-controlled plaintiffs

Question 61

Officer Taj obtained a search warrant to search Lee's apartment based upon a tip from Hanen,an informant,to the effect that Lee was selling drugs.Hanen had actually lied to Taj because of an earlier dispute with Lee about a small loan of $50 Hanen had made to Lee.Taj was suspicious of all the tenants in Lee's building and got a search warrant authorizing a search of the building for anything illegal.In Lee's apartment Taj found a small amount of marijuana that Lee used personally.Hanen started feeling guilty and confessed to lying about the whole matter.Lee is being prosecuted.Does Lee have any defense based upon the warrant? Why or why not?

Question 62

Drew has been arrested in connection with a recent string of burglaries.While in custody,Drew was shown falsified laboratory results that connected Drew with the crimes.Based on the false evidence,Drew confessed to the crimes during interrogation.Drew was then given Miranda warnings and booked.What constitutional rights may Drew assert to prevent the use of that confession at trial? Does the state have any defenses available? Discuss fully.

Question 63

Discuss prohibitions under RICO and what must be shown to establish a violation of the Wire and Mail Fraud acts.How does the U.S.Supreme Court use the term fraud in relation to the Wire and Mail Fraud acts?