Exam 23: Criminal Law and Procedure in Business

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Murder is the killing of a human being with malice aforethought. Malice aforethought is the premeditation and planning of the crime. Malice aforethought shows that one considered the consequence of the action and knowingly committed the crime. The malice aforethought would be the:

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Name the seven computer crimes defined in the Computer Fraud and Abuse Act as amended by the Patriot Act.

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The Computer Fraud and Abuse Act as amended by the Patriot Act names the following seven crimes: (1) espionage, (2) accessing unauthorized information, (3) accessing a nonpublic government computer, (4) fraud by computer, (5) damage to a computer, (6) trafficking in passwords, and (7) extortionate threats to damage a computer.

A grand jury will issue a(an) ________ if its investigation indicates that a defendant should be held over for trial.

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The Insider Trading and Securities Fraud Enforcement Act created substantial civil penalties but no criminal penalties for those committing insider-trading violations.

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Ben is the manager of a branch of a large bank. He has regularly taken money from customers' accounts for his own use and changed the bank records to cover his actions. Ben is guilty of:

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Jan is on trial for arson. For Jan to be found guilty, her guilt must be proved:

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Reasonable suspicion is a higher standard than probable cause.

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Murder is the killing of a human being with malice aforethought. Malice aforethought is the premeditation and planning of the crime. Malice aforethought shows that one considered the consequences of the action and knowingly committed the crime. The killing would be the:

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Evidence that stems from the original evidence is called ________ evidence.

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One of the major functions of criminal law in general is to compensate parties for damages caused by another's conduct.

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Mike is a bartender. Every day he pockets $20 or so by not ringing up some sales when paid in cash. Mike, because he is stealing from his employer while on the job, is guilty of embezzlement.

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Which of the following is least likely to be considered a mitigating circumstance?

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Felonies generally are punishable by:

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Officer Jones is a policeman on a foot patrol. When he passes a group of three students, he smells what he believes to be the odor of marijuana even though he does not see any of the three actually holding or smoking a joint. He may conduct a limited pat-down search of the three students to determine whether any have marijuana on their person.

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There are no federal common law crimes.

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Your professor has dismissed the class, and everyone is walking toward the exit. Ashton takes out his phone and is accessing a site to see whether his favorite celebrity starlet has been released from police custody yet. While staring intently into the phone, he bumps into you, causing you to fall and injure your leg. Has he committed a crime, and if so, what crime has he committed?

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If a jury is unable to come to a conclusion, a _______ will be declared.

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Alphonse has lost his job and has decided to rob a bank. He goes to the bank to observe how it operates, and he purchases a weapon and ammunition as well as a mask. He has planned his getaway thoroughly. He drives to the bank but is arrested on his way in when an alert police officer sees him draw his weapon and don the mask. Among other things, Alphonse may be charged with and convicted of conspiracy to rob the bank.

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The adjudicative phase of the criminal justice process includes each of the following components except:

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Fred has been charged with a crime for which the maximum punishment is a fine and up to six months in jail. The crime he has been charged with is a misdemeanor.

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