Exam 22: Criminal Law and Procedure in Business

An ex post facto law:

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 with small pills inside.A closer inspection reveals the pills to be 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?

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

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

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.

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 their actions and knowingly committed the crime.The malice aforethought would be the:

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

This amendment requires probable cause with respect to searches and seizures:

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.

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

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 he (the professor)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.

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.

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

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,"twenty-five years of experience and a feeling in my gut".Will the drugs be permitted into evidence at their trial?

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

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.

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.They turn out to be falsified financial statements which are then supplied to the accountants auditing the company.

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

Mike is a bartender.Every day he pockets twenty dollars 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.

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