Exam 22: Criminal Law and Procedure in Business

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

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.

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

Reasonable suspicion is a higher standard than probable cause.

Under the exclusionary rule:

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

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

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

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.

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.

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

Being blameworthy in criminal law is called _____.

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 U.S.could take weeks and they want her for a car show in ten 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.

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.

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

Mitigating circumstances:

Criminal law regulates the rights and duties between private parties.

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.

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

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