Exam 5: Criminal Law and Cybercrimes

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Two drivers challenge each other to a drag race on a public highway.This is an example of acting with:

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C

An individual can be convicted for a criminal act even if the prosecutor cannot prove the defendant had an evil motive for committing the crime.

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A gasoline tanker truck is speeding around a curve in the road and overturns on the shoulder of the highway.The truck catches fire due to a spark igniting the gasoline and the fire spreads through a field where it burns a house and barn.The driver is arrested and accused of a criminal act.Analyze the situation.

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While the driver did not engage in the willful and malicious burning of the homeowner's property,he has acted with recklessness as he was indifferent to a serious risk he knew existed when driving a gasoline tanker truck at a high speed.He also acted with negligence as he failed to see the possible negative consequences of his actions.The driver can be convicted of criminal negligence,which is concerned with punishing the wrongdoer and protecting the public at large.

A statute that made burning a cross to cause fear a criminal offence would be an example of what type of crime?

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Experts who believe in deterrence say that the criminal process should be presented in a public way,so that the public will learn the difference between acceptable and unacceptable behavior.

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If a spouse had no idea that she was in danger of death or severe bodily injury,she may use the battered spouse syndrome as a form of self-defense in some courts.

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A person has a duty to retreat before using force,even if the attack occurs in her own home.

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The RICO Act covers only serious crimes,such as arson and robbery.

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The term ________ has been used to describe a crime in which the offender causes actual physical harm to the victim.

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George's forced entry through a window along with his intention to rob a safe establishes the act of aggravated burglary.

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The police have the DNA and fingerprint evidence to connect Amy,the CEO of BIGCORP,to a particular crime of murder involving the CEO of a major competitor,but they still have not found enough evidence of a motive for Amy to kill the victim.Would the lack of a motive prevent Amy from being convicted? And,would BIGCORP be criminally liable for Amy's actions?

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Under American law,a crime can be committed regardless of whether an act has occurred.

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________ is only a defense to charges of criminal liability if it destroys one of the elements necessary to that crime.

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Gabriel points a gun at a store clerk to frighten the clerk.This is an example of assault and battery.

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________ is analogous to forgery because it also involves the alteration or falsification of an object or a document with intent to defraud.

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Agnes,a convenience store cashier,takes $5 out of the register for every $100 she rings up and keeps it.Agnes could be arrested for:

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Under the Coercive Persuasion test,a victim manifests an affection and emotional sympathy for the kidnapper.

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A misdemeanor is a crime punishable by death/imprisonment in a federal/state prison for a term exceeding one year.

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Alfred drives his car very fast in a school zone when the school is releasing students at the end of the school day.A student dies when he is hit by Alfred's car.Alfred has committed manslaughter with premeditation.

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Sue is in her apartment complex when she hears screams and what sound like gunshots.However,she fails to call 911.Has Sue committed a crime due to her failure to call the police? Explain.

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