Question 1

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:

Accepted Answer

Tyler has committed the crime of forgery by altering receipts with the intent to deceive in order to obtain a greater income tax deduction.

Question 2

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

Accepted Answer

The privilege against self-incrimination primarily protects individuals from being compelled to testify against themselves in a way that could lead to criminal liability. It does not extend to physical evidence such as handwriting samples, appearance in line-ups, or blood tests, as these are considered non-testimonial evidence.

Question 3

Losses due to computer crimes are estimated to be:

Accepted Answer

According to various studies and reports, losses due to computer crimes are estimated to be in the tens of billions of dollars, with some estimates going up to hundreds of billions of dollars. While stricter security measures may be reducing some losses, the overall trend still remains high.

Question 4

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

Accepted Answer

All three options are situations where a search by the police can be conducted without a warrant. In option A, the police are allowed to pursue a suspect if they have probable cause to believe that the person committed a crime. In option B, if the person consents to the search, then a warrant is not necessary. In option C, if the evidence of a crime is in plain view of the police officer, then they are allowed to seize it without a warrant.

Question 5

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

Accepted Answer

The Sarbanes-Oxley Act does not include the provision of 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. While this provision is related to the broader goal of preventing corporate fraud, it is not explicitly included in the act itself. Rather, it is a concept that has been developed through other laws and legal frameworks. The other provisions listed in the question, such as creating an Accounting Oversight Board and increasing penalties for federal crimes, are all included in the Sarbanes-Oxley Act.

Question 6

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

Accepted Answer

The Fifth Amendment includes the privilege against self-incrimination, which is commonly known as the right to remain silent. This means that individuals cannot be forced to testify against themselves in a criminal trial.

Question 7

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. In this case, Sam:

Accepted Answer

Sam can argue that he was entrapped by Paul, who encouraged him to try marijuana and then arrested him for possession. Entrapment occurs when law enforcement officers induce someone to commit a crime they would not have committed otherwise. In this case, Paul invited Sam over for a party with no mention of drugs and then offered him marijuana. Sam may argue that he only tried it because Paul encouraged him to do so, and he would not have done it otherwise. The Fourth Amendment exclusionary rule would not apply here because there is no illegal seizure of the evidence.

Question 8

Bryant knowingly destroyed documents in order to impede an SEC investigation of his company. Under the Sarbanes-Oxley Act:

Accepted Answer

Under the Sarbanes-Oxley Act, individuals who knowingly destroy, alter, or falsify records in order to impede an SEC investigation may be subject to fines and imprisonment for up to 20 years. Additionally, the company itself may also be subject to criminal penalties. Therefore, all of the given answer choices are correct.

Question 9

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

Accepted Answer

The degrees of mental fault in criminal law include all three options listed in A, B, and C. Therefore, the correct choice is D.

Question 10

Under the common law as well as most statutes, __________ is larceny with the additional elements that (1) the property is taken from the victim or in the immediate presence of the victim, and (2) it is accomplished through either force or threat of force.

Accepted Answer

Robbery is defined as larceny with the added elements of taking property either from the victim or in the immediate presence of the victim, and using force or threat of force to accomplish the taking.

Question 11

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

Accepted Answer

The arraignment is the stage of criminal proceedings where the accused is informed of the charge against him/her and then enters a plea of guilty or not guilty. The preliminary hearing is a separate stage that may occur before or after the arraignment, where the court evaluates the evidence presented to determine if there is probable cause to proceed to trial. Indictment and information are both types of charging documents used to initiate criminal proceedings, but they do not involve the defendant entering a plea.

Question 12

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

Accepted Answer

The definition given matches the common law definition of burglary. Bribery is the act of offering or receiving something of value in exchange for influence or action. Robbery is the taking of property through force or threat of force. Theft is the general term for the unlawful taking of property, which can include burglary but also encompasses other forms of stealing.

Question 13

An employer directs his vice-president of marketing to fix prices with their company's competitors. The employee does so. Under these facts:

Accepted Answer

Both the employee and the employer are criminally liable for fixing prices with their company's competitors. This is considered as an illegal and anti-competitive business practice that violates antitrust laws. The employer can be held liable for directing and authorizing such activity, while the employee can be held liable for carrying out the illegal instruction.

Question 14

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

Accepted Answer

Under RICO, a predicate act is any of several criminal offenses such as murder, kidnapping, arson, extortion, and drug dealing that can be used as a basis for a RICO case.

Question 15

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.

Accepted Answer

Anita has committed the crime of extortion by threatening to reveal Bob's criminal history unless he pays her money. It does not matter that the information she is threatening to reveal is true. Extortion is a crime in most jurisdictions, including the United States.

Question 16

Velma and Walter devised a scheme to defraud unsuspecting readers and then sent a message via e-mail to thousands of computer users, hoping to get rich from those who responded. This was their first such attempt. They may have violated:

Accepted Answer

The CAN-SPAM Act prohibits sending unsolicited commercial emails and requires that all commercial emails include an easy opt-out or unsubscribe option. Velma and Walter's scheme involved sending unsolicited emails with the intent of profiting from the responses, so they likely violated the CAN-SPAM Act. The other options do not seem applicable to this scenario.

Question 17

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

Accepted Answer

The Sixth Amendment of the United States Constitution guarantees the right to a speedy and public trial by an impartial jury to all citizens accused of a crime. The other amendments listed (Fourth, Fifth, and Eighth) protect against unreasonable searches and seizures, self-incrimination, and excessive bail and fines, respectively.

Question 18

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

Accepted Answer

Mens rea refers to the mental state or intent necessary to commit a crime, whereas actus reus refers to the physical act of committing a crime. The M'Naghten test is a legal test used to determine criminal responsibility for those with mental disorders, and malice aforethought refers to a specific intent to commit a crime, particularly with regard to murder.

Question 19

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

Accepted Answer

The burden of proof on the prosecution to prove criminal guilt beyond a reasonable doubt is a unique feature in a criminal trial. The defendant is not required to testify, and the defendant is not always the government in a criminal trial.

Question 20

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

Accepted Answer

The Eighth Amendment of the Constitution prohibits excessive bail and prohibits cruel and unusual punishment.

Quiz 6: Criminal Law