Exam 23: Criminal Law and Procedure in Business

Officer Tom stops Kathy because she looks like a criminal to him, and after a pat down finds marijuana in her pocket. He then uses the drugs to justify a warrant to search her home for drugs. The search uncovers 8 kilos of cocaine.

The forfeiture provisions under the Racketeer Influenced and Corrupt Organizations Act are generally considered to be the act's most effective penalty.

What effect have mandatory sentencing guidelines had on the judiciary and criminal punishment in general?

White-collar crime almost always consists of nonviolent types of crimes.

Alan is a freshman in the computer science department. One of his professors has embarrassed him in class and then mocked him, saying that Alan will never be as good as she is with computers. In order to prove the professor wrong, Alan decides to break into the main computer at the Department of Defense and leave a note saying the professor is a spy. Alan indeed hacks into the computer and leaves the message. He designed the message to erase itself after 13 hours, leaving no trail and no damage to the computer. If Alan is discovered to be the hacker, has he committed a crime? Explain.

There are 51 criminal justice systems in the United States.

If the police fly over your home with a helicopter and observe your activities using binoculars or a telephoto lens, this would constitute an illegal search if done without a warrant.

The mental element, or "guilty mind," required for criminal liability to occur is called _____.

An ex post facto law is:

In Miranda v. Arizona, Miranda's voluntary confession was thrown out because:

Evidence obtained from an illegal search may not be used against the defendant. This is called:

Under the exclusionary rule:

It is possible for authorities to conduct an illegal search of your home without ever entering your property or the home itself.

Arthur has attached a device to a local ATM machine that records customers' bank account numbers and ATM passwords. He then sells these account numbers and passwords to nefarious individuals who use the information to steal money from the customers' accounts. Arthur is:

The judge determines whether a crime is a misdemeanor or a felony.

Criminal law regulates the rights and duties between private parties.

Maria is the CFO of a company being investigated by the SEC for various alleged violations. Each of the following would constitute an obstruction of justice except:

Brenda is the CEO of a large corporation. While presenting a proposal to a commercial bank for a corporate loan, she offers the bank's commercial loan manager a $10,000 "gift" for favorable treatment.

Roger is the CFO of a corporation and is having a business dinner with some of the company's largest shareholders. Roger knowingly and intentionally starts drinking a variety of alcoholic drinks and even excuses himself to secretly snort cocaine in the men's room. By the end of the evening he is obviously intoxicated. His dinner companions keep buying more rounds of drinks, and Roger needs no urging to continue drinking. By dessert he is obviously extremely intoxicated. At that point his companions ask him to sign a variety of documents, which he doesn't read due to his condition. The documents turn out to be falsified financial statements, which are then supplied to the accountants who are auditing the company.

Stella, the CEO of Mega Movies Studios Inc., announces that Willa Winsome, the most sought-after actress in Hollywood if not the entire world, has agreed to sign with Mega to star in an upcoming movie. A movie starring Willa Winsome is a guaranteed moneymaker. Willa, at the time that the announcement is made, is on a 30-day retreat, spending her entire time meditating and engaging in other spiritual endeavors. She receives no visitors and has no phone or Internet. She is totally cut off from the outside world. Following Stella's announcement, Stella begins soliciting funds from private backers as well as banks in order to finance the film. They are eager to participate and happily provide Mega with substantial funding. In truth, Stella has never spoken to Willa about starring in the movie, and no deal has been struck. Has Stella committed a crime?