Question 1

The _____ includes civil,criminal,and accounting reforms that drastically expand the accountability demanded of corporate officers and directors.

Accepted Answer

The Sarbanes-Oxley Act includes civil, criminal, and accounting reforms that expand the accountability demanded of corporate officers and directors. The Electronic Communications Privacy Act (ECPA) protects the privacy of electronic communications, the Foreign Corrupt Practices Act (FCPA) prohibits bribery of foreign officials by U.S. companies and the Computer Fraud and Abuse Act (CFAA) criminalizes computer-related offenses.

Question 2

Which of the following statements is true of RICO?

Accepted Answer

RICO (Racketeer Influenced and Corrupt Organizations Act) prohibits individuals from using income obtained from illegal activity (such as racketeering) to invest in or acquire an interest in an enterprise. Choices B, C, and D are all false statements.

Question 3

The Fourth Amendment safeguards are designed to protect individuals from arbitrary and unreasonable governmental intrusion on their right to privacy.In assessing whether a governmental action has infringed on an individual's rights,the court:

Accepted Answer

The Fourth Amendment requires a balancing of interests, weighing the government's need to conduct a search or seizure against an individual's right to privacy. Courts must determine whether the search was reasonable under the circumstances, considering factors such as the likelihood of finding evidence of a crime and the invasiveness of the search. While the government's interests are taken into account, the ultimate goal is to protect individual rights.

Question 4

Both federal and state laws spell out the specifics of cybercrime.According to these laws:

Accepted Answer

Accessing a commercial service provider without paying fees is considered illegal under both federal and state laws. This is classified as theft of services and is punishable by law.

Answer: B 
 Altering or destroying data stored in another person's computer is considered an offense under both federal and state laws. This is classified as hacking and is punishable by law.

Answer: C 
 Corporations can be held liable for the online activities of their employees if it can be proven that the activities were conducted within the scope of their employment.

Answer: None of the Above 
 Option D is incorrect as both individuals and corporations can face liability based on their online activities. The liability can vary depending on the nature of the offense and the specific circumstances surrounding the case.  Overall, cybercrime laws aim to hold all parties accountable for illegal activities conducted online.

Question 5

In which of the following ways can insanity affect a criminal trial?

Accepted Answer

If a defendant is found to be insane, the trial may be delayed until they are deemed competent to stand trial.

Question 6

Under RICO,_____ is considered a racketeering activity.

Accepted Answer

Under RICO, extortion is one of the 35 predicate crimes that are considered as racketeering activities. Arson, homicide, and larceny are not specifically listed as predicate crimes under RICO.

Question 7

The _____ Amendment prohibits arbitrary and unreasonable governmental intrusion of the right to privacy.

Accepted Answer

The Fourth Amendment prohibits arbitrary and unreasonable governmental intrusion of the right to privacy, specifically in regards to searches and seizures.

Question 8

Mrs.Medea killed her illegitimate child and buried it in her backyard,soon after giving birth to it in 1952.Thirty-seven years later,in September 1989,Medea called Captain Erebus Ereshkigal of the New York Police Department and blurted out the story over the telephone before Ereshkigal could utter a single word.She then told him that voices from her backyard told her to confess to the crime.Medea told the police where to dig,and they unearthed a metal box containing the skeletal remains of a baby in her yard.Which of the following is a true statement?

Accepted Answer

The remains can be used in evidence against Medea because they were discovered as a result of her voluntary confession to Captain Erebus Ereshkigal. The Fifth Amendment privilege against self-incrimination only protects against compelled self-incrimination, not voluntary confessions. Therefore, the evidence obtained through her confession can be used against her in court.

Question 9

Illegally gained evidence such as evidence resulting from "unreasonable searches and seizures" cannot be used in criminal prosecutions.This is a safeguard enjoyed by criminal defendants under the:

Accepted Answer

The exclusionary rule prohibits the use of illegally obtained evidence in criminal prosecutions, and this rule is a safeguard for criminal defendants. The Miranda warning informs suspects of their rights before they are interrogated, the right of confrontation allows defendants to cross-examine witnesses against them, and double jeopardy prohibits trying a person for the same crime twice.

Question 10

What is a white-collar crime?

Accepted Answer

White-collar crime is a nonviolent crime that is committed by businesspersons and organizations. It typically involves deceit, fraud, or dishonesty for personal financial gain. Examples include embezzlement, insider trading, and tax evasion.

Question 11

The responsible corporate officer doctrine:

Accepted Answer

The responsible corporate officer doctrine holds corporate executives and agents responsible for the corporate actions that they either directly commit, or aid and abet. This means that these individuals may be held liable for any crimes committed by the corporation, even if they were not directly involved in the criminal activity. Therefore, choice A is the correct answer. Choices B, C, and D are incorrect, as they do not accurately reflect the responsible corporate officer doctrine.

Question 12

Which of the following statements is true about the Federal Sentencing Guidelines?

Accepted Answer

The Federal Sentencing Guidelines require judges to use a formula based on the seriousness and circumstances of the crime to arrive at a sentence. They cover a wide range of offenses, not just homicides, and do not specifically mandate lenient penalties for white-collar crimes or a minimum one-month prison term for tax frauds.

Question 13

One of the major criticisms faced by the USA PATRIOT Act is that:

Accepted Answer

The USA PATRIOT Act has faced criticism for compromising the public's Fourth Amendment rights, which protect against unreasonable searches and seizures. The act allows for increased surveillance techniques, such as wiretapping and accessing personal records, without proper warrants or checks on abuse of power. This has raised concerns about government overreach and invasion of privacy.

Question 14

Which of the following is an example of cooperative antibribery efforts aimed at combating corruption in international business dealings?

Accepted Answer

The International Anti-Corruption Academy (IACA) is an example of cooperative antibribery efforts aimed at combating corruption in international business dealings. It is an intergovernmental organization that offers anti-corruption education, training, and research programs to professionals from around the world. The other options given (ECPA, CFAA, and CSEA) are U.S. laws that address different aspects of cybersecurity or crime.

Question 15

Which of the following statements is true about the Miranda warning?

Accepted Answer

The Miranda warning gives people charged with a criminal offence the right to be represented by effective counsels. Option A is incorrect because the Miranda warning is not part of the Eighth Amendment. Option B is incorrect because the right to a speedy trial is not part of the Miranda warning. Option C is incorrect because the right to confront accusers and cross-examine them is part of the Sixth Amendment, not the Miranda warning.

Question 16

Which of the following is included in the Fifth Amendment?

Accepted Answer

The Fifth Amendment includes the prohibition against double jeopardy, which prevents an individual from being tried twice for the same offense.

Question 17

Under the mandates of RICO,an individual injured by the racketeering of a company can claim treble damages.This means that he/she can:

Accepted Answer

Treble damages under RICO mean that the plaintiff can recover three times the amount of actual damages suffered. In addition, the plaintiff is entitled to recover attorneys' fees. Therefore, option A is the correct choice as it correctly states that the plaintiff can recover three times the damage plus attorneys' fees.

Question 18

Dexter Hemingway is the CEO and Todd Bradley is the CFO of Maxwell Inc.Unknowingly,both signed the financial report for the year 2006-07,which was later found to be fraudulent and misleading.Can they be held liable for punishment?

Accepted Answer

Under the Sarbanes-Oxley Act, both the CEO and CFO can be held liable for certifying false financial reports, and they may be required to reimburse the company for bonuses or profits received.

Question 19

Under the Sarbanes-Oxley Act of 2002:

Accepted Answer

The Sarbanes-Oxley Act of 2002 provides legal protection for whistleblowers to encourage reporting of fraudulent activities. Option A is not completely accurate as defrauding shareholders can lead to both civil and criminal charges. Option B is incorrect as the Act deals with public companies and their shareholders. Option D is also incorrect as the Act imposes stricter rules and regulations on the CEO and CFO, making them liable for any misconduct or fraudulent activities.

Question 20

The prohibition against excessive bail and fines can be found in the:

Accepted Answer

The Eighth Amendment to the United States Constitution prohibits excessive bail and excessive fines, as well as cruel and unusual punishment.

Quiz 5: Crimes