Exam 23: Criminal Law and Procedure in Business

A plea by a defendant in which the defendant does not admit guilt but agrees to penalties imposed as if guilty is called a plea of no contest or _____.

Lindsay is a sprinter on the school's track team. If she is confronted by a man with a cast on his leg who is threatening her with a knife and she kills her assailant during a brief skirmish, claiming self-defense would most likely be a successful defense if:

With regard to the 2008 discovery of Bernard Madoff's Ponzi scheme, which of the following is not true?

In U.S. v. LaGrou Distribution Systems, the defendant company suffered from an extremely serious rat infestation. Stewart, the president of LaGrou, defended, saying he had no specific knowledge of meat contamination and therefore he was not culpable.

If a defendant is found guilty in a criminal trial, he or she may not appeal due to double jeopardy.

The same act cannot cause a criminal and civil wrong at the same time.

If the criminal trial results in a verdict of not guilty, the government may retry the case again because the government always gets one appeal.

Mike's Models Inc. is a modeling agency registered in Delaware, specializing in Central and South American women for print, runway, and other modeling work. The company's manager of the Venezuelan territory, Jose, a Venezuelan citizen, has discovered Sonja and believes that she has the potential to be a superstar. Because permission for her to travel to the United States could take weeks and Mike's want her for a car show in 10 days, Jose offers the head of Venezuelan immigration services the use of the company's New York City penthouse and personal use of the company's limousine the next time the official visits the United States for putting Sonja's papers through quickly. The official turns him down. Has the Foreign Corrupt Practices Act been violated? Fully explain why or why not.

A formal filing by a magistrate that binds a defendant over for trial is called an _____.

Jonathan is a junior in college and has started dating a secretary who works in the college president's office. She is madly in love with him, and when he asks for the passwords to access the school's main computers, she gladly gives them to him. He uses the passwords to change his grades. Jonathan has violated the Patriot Act.

Officer Kent is a 25-year veteran of the state police force. He has conducted thousands of investigations and made thousands of arrests. One day he sees a man and woman talking on a street corner. He approaches them and conducts a pat-down search of each, finding two marijuana joints in the man's pocket but nothing on the woman's person. He then forces the woman to empty her purse, which contains a packet of cocaine. He arrests them and takes them back to the station. When asked by his superior what made him think the couple was culpable, he said, "25 years of experience and a feeling in my gut." Will the drugs be permitted into evidence at their trial?

When you place your garbage or trash at the curb, you have waived any expectations of privacy and the police may go through the garbage or trash without a warrant.

Jennifer and Angela are both broke. They have sold most of their possessions, and neither can find a job. One evening they decide to rob a bank. They agree that Jennifer will enter the bank pretending to have a bomb strapped to her chest and Angela will drive the getaway car. The next morning they drive to the bank, and while they are waiting for it to open, they see a church next door. Hoping for divine help while committing the robbery, they step into the church to pray. Suddenly realizing the error of their ways, they abandon their plans and sign up to become nuns.

Mike raped Kathy in the parking lot of Tom's Pub. The attorney general/district attorney's office prosecuted Mike on rape charges. Subsequently, Kathy filed a lawsuit against Mike for money damages. Classify each legal action.

Peter and Paul are business associates. The police enter the business with a search warrant because Peter is under investigation for a crime. When the police ask Paul to answer some questions, he agrees, but one of the questions, if answered, might make him culpable also. Paul must answer the question because he is not under investigation and does not therefore currently have the right against self-incrimination.

The amendment that guarantees a speedy public trial is the:

Officer Tom is executing a validly obtained search warrant in Kathryn's home. The warrant gives him the right to search every room in the house but is limited to a search for automatic weapons and handguns. When he walks into the kitchen, he sees an open box filled with small plastic bags containing small pills. A closer inspection reveals that the pills are ecstasy, an illegal narcotic. May Officer Tom seize the drugs even though the warrant did not include a search for drugs, and would the drugs be admissible in court?

What are the three purposes or aims of imposing punishment for criminal acts?

The right to confront witnesses through cross-examination is contained in the Sixth Amendment.

From least to most serious, crimes are classified as follows: