Exam 23: Criminal Law and Procedure in Business

The illegal act that constitutes the crime and results in criminal liability is called the _____.

Congress has twice passed federal statutes intending to control pornography over the Internet with regard to distribution to minors, and both times the law was struck down as being too broad and too vague, therefore infringing on freedom-of-speech rights of the general public.

In U.S. v. Kozeny, the court of appeals found that the defendant was not guilty of conspiracy to commit bribery because he did not have actual knowledge of the bribery scheme.

Stan is an investment manager. He has received money from various investors and given them a promise of very high returns on their investments. The invested money is not supplying enough capital to pay the returns promised, so he has started using new investors' money to pay older investors. By advertising and by word of mouth, people are anxious to invest with Stan because of the money being paid, and with the influx of new investors he is able to continue operating. Stan is:

Criminal ________ deals with the limits set on the government's authority when applying or enforcing criminal law.

You can be guilty of bribery even if the party you have made the offer to turns the offer down.

The Model Penal Code has been adopted by only about half of the states.

Although it may vary because of the nature of the case, generally a delay of more than ________ is presumptively an unconstitutional violation of a defendant's right to a speedy trial.

If a jury is deadlocked and cannot come to a decision at the end of a trial, the prosecutor may not bring charges to retry the defendant due to the defendant's double-jeopardy protection under the Constitution.

If business records can be proved to be private papers, the records may be protected from seizure under the Fifth Amendment right against self-incrimination by sole proprietors.

Marcia is an accountant for a large corporation, and after meeting with the company's CFO, she has falsified records by inflating the company's quarterly profits, making them acceptable to the bank that the corporation has applied to for a commercial loan. Under the tenets of the Model Penal Code, what must be proved for her company to be criminally liable?

Mitigating circumstances:

Courts have been very reluctant to extend reasonable expectations of privacy rights to the workplace.

A fact that does not excuse a crime but may be considered to lessen punishment is called a ________ circumstance.

The amendment that requires probable cause with respect to searches and seizures is the:

Being blameworthy in criminal law is called _____.

The Model Penal Code specifically states that those exhibiting a sociopathic personality disorder are not eligible to claim a mental incapacity defense to a criminal charge.

A court order authorizing an official to do something the official would otherwise be prohibited from doing is called a _____.

Michelle is driving at night when a policeman pulls her over for a blown tail light. When he approaches the car, he shines his flashlight into the car and sees a bag of white powder on the back seat. The officer orders Michelle out of the car and then reaches in to seize the bag. A quick examination leads him to believe that the bag contains cocaine. He arrests Michelle and takes her to the station.

The amendment requiring that an arrest warrant may not be issued without probable cause is the: