Question 1

Some felonies are actually misdemeanors.

Accepted Answer

Felonies and misdemeanors are distinct categories of crimes, with felonies being more serious offenses than misdemeanors.

Question 2

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

Accepted Answer

Stealing computer data without permission is a crime, even if the data is not altered or erased. It is considered unauthorized access or hacking, and is punishable by law.

Question 3

Tige steals United Network,Inc.'s (UNI)computer time and the use of UNI's phones.Tige commits larceny when he steals

Accepted Answer

Tige commits larceny when he takes away the computer time or the use of the phones of UNI.

Question 4

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

Accepted Answer

This is known as the statute of limitations, which varies depending on the type of crime and jurisdiction. After the statute of limitations has expired, a prosecution is usually barred.

Question 5

Only white-collar crimes are prosecuted under RICO.

Accepted Answer

RICO can be used to prosecute both white-collar and organized crime offenses.

Question 6

A mistake of fact is a defense to criminal liability.

Accepted Answer

If the defendant did not have knowledge that their actions were illegal, they may be able to use the defense of mistake of fact to escape criminal liability. However, this defense may not apply if the mistake was based on ignorance of the law.

Question 7

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

Accepted Answer

Larceny is defined as the wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of their property. In this scenario, Ben wrongfully takes the unopened carton from the loading dock and drives away, which meets the criteria for larceny. Burglary typically involves entering a structure with the intent to commit a crime, forgery involves falsification of documents or signatures, and robbery involves taking property from a person's immediate possession through force or fear.

Question 8

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

Accepted Answer

A crime punishable by imprisonment in a federal or state penitentiary for any period of time is actually a felony, not a misdemeanor. Misdemeanors are typically punishable by up to one year in jail or lesser penalties such as fines or community service.

Question 9

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

Accepted Answer

Switching trademarks on products is considered forgery, as it involves altering the original trademark or logo to deceive consumers into believing they are purchasing a different product.

Question 10

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.

Accepted Answer

This is known as the "insanity defense" and can be used in criminal cases to argue that the individual did not have the mental capacity to understand that their actions were wrong. However, establishing this defense can be difficult and requires evidence of a diagnosed mental illness or defect that impacted their ability to understand the nature of their actions.

Question 11

Ignorance of the law is a defense to criminal liability.

Accepted Answer

Ignorance of the law is generally not a defense to criminal liability. It is assumed that individuals are aware of the laws and regulations that govern their behavior, and violating those laws can result in criminal charges regardless of whether or not the individual was aware of them. There are certain limited exceptions to this rule, such as if the law in question is very obscure or if the accused was misled by a government official, but in general, ignorance of the law is not a defense.

Question 12

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

Accepted Answer

Under the exclusionary rule, illegally obtained evidence is generally not admissible in court.

Question 13

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

Accepted Answer

Corporations do not have the Fifth Amendment right against self-incrimination, which applies to individuals, not entities. They can be compelled to provide testimony or documents even if it might subject them to criminal liability.

Question 14

Voluntary intoxication is always a defense to criminal liability.

Accepted Answer

Voluntary intoxication is not always a defense to criminal liability. In some cases, such as when the defendant was still able to form the necessary intent to commit the crime despite being intoxicated, it may not be a valid defense.

Question 15

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

Accepted Answer

A criminal suspect does, in fact, have a right to remain silent as protected by the Fifth Amendment of the U.S. Constitution.

Question 16

A federal judge must adhere strictly to federal sentencing guidelines.

Accepted Answer

While federal sentencing guidelines provide a framework for judges to use in determining sentences, they are not mandatory and judges have some discretion in determining an appropriate sentence. In fact, the U.S. Supreme Court has held that mandatory application of the guidelines is unconstitutional.

Question 17

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

Accepted Answer

The Fifth Amendment protects individuals from being forced to incriminate themselves, but there are certain circumstances where a person can be compelled to testify, such as through a subpoena, immunity agreement, or in some cases, if they have been granted use immunity.

Question 18

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

Accepted Answer

Downloading confidential information without permission is considered as unauthorized access or hacking, which is a crime.

Question 19

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

Accepted Answer

The standard of proof to find a defendant guilty of a crime is "beyond a reasonable doubt." This means that the evidence presented must be sufficient to convince a reasonable person of the defendant's guilt without any doubt. This is a higher standard than "preponderance of the evidence" or "clear and convincing evidence," which are used in civil cases. "Beyond all doubt" is not a recognized legal standard of proof.

Question 20

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

Accepted Answer

To be criminally liable for receiving stolen property, Jack must know that the player is stolen. This knowledge is a key element of the offense.

Quiz 6: Criminal Law and Cyber Crimes