Question 1

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

Accepted Answer

The arraignment is where the accused is informed of the charge against him and enters his plea. The preliminary hearing is a hearing to determine if there is enough evidence to proceed with a trial, the indictment is a formal charge by a grand jury, and an information is a formal charge made by a prosecutor.

Question 2

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 true information about Bob in order to obtain money from him. Extortion is illegal in most jurisdictions.

Question 3

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

Accepted Answer

Misdemeanors are crimes that are less serious than felonies and are punishable by a fine or imprisonment in a local jail. White-collar crimes are typically nonviolent, financial crimes committed by business professionals, and can be either misdemeanors or felonies. Mala prohibita crimes are those that are only considered offenses because they have been declared illegal.

Question 4

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 in the US Constitution provides that the federal government shall provide the accused with a speedy and public trial by an impartial jury.

Question 5

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.

Accepted Answer

The described crime is robbery, which is defined as larceny with force or the threat of force in the presence of the victim. Burglary involves entering a building with the intent to commit a crime, while extortion and bribery involve the use of threats or bribes to obtain something from another person.

Question 6

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

Accepted Answer

The criminal intent necessary to commit a crime is known as mens rea.

Question 7

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

Accepted Answer

Both the employee and the employer are liable for fixing prices with competitors. It is a violation of antitrust laws and can result in hefty fines and legal action against both the individuals and the company. Therefore, the employer's directive is also illegal, and they will be held responsible for their actions.

Question 8

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

Accepted Answer

The definition of burglary at common law is a breaking and entering of a dwelling of another at night with the intent to commit a felony. Bribery, robbery, and theft are separate crimes with different definitions.

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 subjective fault (purposeful, knowing, or reckless mental state), objective fault (negligent or careless mental state), and liability without fault (no requisite mental state or even knowledge of the act is required in some instances). Therefore, option D is the correct answer.

Question 10

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:

Accepted Answer

Sam can raise the defense of entrapment and argue that Paul has enticed him to commit a crime he would not have done otherwise. Entrapment occurs when a law enforcement officer induces a person to commit a crime that the person would not have committed without the inducement. In this case, Paul, as an undercover drug agent, induced Sam to try marijuana by offering it to him and encouraging him to try it. Sam can argue that he would not have tried marijuana if Paul had not offered it to him, and therefore, Paul's actions constitute entrapment.

Question 11

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

Accepted Answer

The effective enforcement of criminal law is a central goal of criminal procedure, as it is essential to maintaining the safety and security of society.

B and C are not goals of criminal process or procedure. Requiring the defendant to bear the burden of proof is a principle of criminal law, but it is not a goal of criminal procedure. Advancing the inquisitorial system of adjudication is a feature of some legal systems, but it is not a goal of criminal procedure in most countries, including the United States.

Question 12

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

Accepted Answer

Providing a handwriting sample and appearing in a line-up for identification purposes do not implicate the privilege against self-incrimination as they do not involve testimonial or communicative evidence. However, taking a blood test after an accident may implicate the privilege as it involves potentially incriminating physiological evidence. Nonetheless, the Supreme Court has held that the privilege does not apply to the extraction of a blood sample under certain circumstances, such as when the extraction is necessary for law enforcement purposes and performed in a medically reasonable manner.

Question 13

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

Accepted Answer

The Sarbanes-Oxley Act does not include a provision for 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 the Act does include provisions for creating penalties for wrongful actions, such as increasing penalties for existing federal crimes and creating new criminal offenses, there is no provision for the specific type of penalty described in option B.

Question 14

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

Accepted Answer

All of the above situations allow for a search by police without a warrant. In situation A, the police are allowed to pursue a fugitive without a warrant if they have probable cause. In situation B, if the person being searched gives voluntary consent, the police do not need a warrant. In situation C, if evidence of a crime is in plain view of the police officer, they can seize it without a warrant.

Question 15

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.

Question 16

Losses due to computer crimes are estimated to be:

Accepted Answer

According to various reports, losses due to computer crimes are estimated to be in the tens of billions of dollars. While stricter security measures may have helped reduce some losses, the overall impact of cybercrimes continues to be significant.

Question 17

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. This is falsifying a document with the intent to deceive or to gain financial advantage. It is also considered tax fraud and is illegal.

Question 18

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 guilt beyond a reasonable doubt is a key difference between a criminal trial and civil trial. Option A is incorrect as the defendant is not always the government in a criminal trial. Option C is incorrect as the defendant has the right to remain silent and is not required to testify.

Question 19

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

Accepted Answer

The Eighth Amendment to the United States Constitution explicitly prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments.

Question 20

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

Accepted Answer

The Fifth Amendment to the U.S. Constitution includes the privilege against self-incrimination, which provides that no person shall be compelled in any criminal case to be a witness against themselves.

Quiz 6: Criminal Law