Exam 5: Constitutional Law

Reference - Divorce Fallout. Dr. Fred, following a messy divorce, has encountered significant financial difficulties. Dr. Fred has a friend named Slick Slim who tells Dr. Fred that he has been making lots of money by selling people a wristband that allegedly places pressure on a nerve that signals hunger resulting in a lack of appetite. Slick Slim tells Dr. Fred that, although the device does not really work, people who want to lose weight and look good in their bathing suits will do anything and that it sells like hotcakes. Slick Slim tells Dr. Fred that he will pay Dr. Fred five dollars for every band that Dr. Fred can sell to his patients. Dr. Fred proceeds to mail letters to patients suggesting the use of the band for weight loss. He also uses UPS to mail samples of the band to some patients along with letters encouraging purchase of the bands. Dr. Fred then proceeds to bill Medicare for office consultations he has with patients when they come in to purchase the bands. The scheme is wildly successful. Dr. Fred is able to entirely satisfy his alimony obligations within just a few months. Unfortunately, as patients begin to see that they are not having any weight loss, he has been receiving numerous complaints, and a friend of his told him that he could even be facing some criminal prosecution. By mailing correspondence to patients encouraging purchase of the band, which of the following offenses, if any, did Dr. Fred commit?

Under the common law, a corporation could not be considered a criminal because it was not an actual person and, thus, did not have a mind.

Carla learns that her employer, a healthcare facility, is committing fraud against the government by filing false Medicare claims. Under which of the following might she obtain a portion of any recovery obtained by the government?

Which of the following is a fact-finding jury which determines if a defendant is guilty or not guilty?

Penny planned to spray paint her ex-boyfriend's new car and other vehicles in his neighborhood, but was apprehended by a quick thinking police officer in the neighborhood just before she started spraying. The officer, new to the job, forgot to read Penny her Miranda rights. The prosecutor should rely on the "public safety" exception to the requirement that Miranda rights be read.

Reference - Masked Bandit. Barry, who owned a small convenience store, was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him. As the bandit ran out of the store, Barry grabbed his own gun and shot the bandit in the leg. When the police arrived, Barry was arrested along with the thief. Barry claimed that no charges should be brought against him because his action in shooting the robber was justified. After the arrest, the officers searched his store and found marijuana. When Barry complained about the arrest and search, the officer in charge told him that since the state police were involved, federal constitutional rights were waived. Barry is attempting to obtain legal representation in an attempt to get out of jail, but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police. Sam, another inmate, asks Barry if his rights were explained to him by the officers; but Barry only recalls being arrested, hustled into the police cruiser, and whisked off to jail. The bandit will likely be charged with a[n] ____________ offense.

Reference - Masked Bandit. Barry, who owned a small convenience store, was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him. As the bandit ran out of the store, Barry grabbed his own gun and shot the bandit in the leg. When the police arrived, Barry was arrested along with the thief. Barry claimed that no charges should be brought against him because his action in shooting the robber was justified. After the arrest, the officers searched his store and found marijuana. When Barry complained about the arrest and search, the officer in charge told him that since the state police were involved, federal constitutional rights were waived. Barry is attempting to obtain legal representation in an attempt to get out of jail, but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police. Sam, another inmate, asks Barry if his rights were explained to him by the officers; but Barry only recalls being arrested, hustled into the police cruiser, and whisked off to jail. Which of the following is Barry's best defense, if any, regarding the arrest and search?

Molly was found not guilty in a criminal prosecution for murder, but she could be found liable in a civil proceeding involving the same facts.

Reference - Masked Bandit. Barry, who owned a small convenience store, was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him. As the bandit ran out of the store, Barry grabbed his own gun and shot the bandit in the leg. When the police arrived, Barry was arrested along with the thief. Barry claimed that no charges should be brought against him because his action in shooting the robber was justified. After the arrest, the officers searched his store and found marijuana. When Barry complained about the arrest and search, the officer in charge told him that since the state police were involved, federal constitutional rights were waived. Barry is attempting to obtain legal representation in an attempt to get out of jail, but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police. Sam, another inmate, asks Barry if his rights were explained to him by the officers; but Barry only recalls being arrested, hustled into the police cruiser, and whisked off to jail. Which of the following is true regarding the officer's statement that since state police were involved, federal constitutional rights were waived?

Which of the following was the result in United States v. Park, the case in the text in which the president of a national food-chain corporation appealed his conviction of violating the federal Food, Drug, and Cosmetic Act by allowing food in a warehouse to be exposed to rodent contamination?

Extortion is another name for the crime of bribery.

Which of the following was passed largely in response to business scandals of the 2000s, such as Enron?

Reference - Masked Bandit. Barry, who owned a small convenience store, was robbed when a masked bandit entered his store and demanded his cash while pointing a gun at him. As the bandit ran out of the store, Barry grabbed his own gun and shot the bandit in the leg. When the police arrived, Barry was arrested along with the thief. Barry claimed that no charges should be brought against him because his action in shooting the robber was justified. After the arrest, the officers searched his store and found marijuana. When Barry complained about the arrest and search, the officer in charge told him that since the state police were involved, federal constitutional rights were waived. Barry is attempting to obtain legal representation in an attempt to get out of jail, but cannot afford a lawyer because he just spent all his funds buying the illegal drugs for resale that have now been confiscated by the police. Sam, another inmate, asks Barry if his rights were explained to him by the officers; but Barry only recalls being arrested, hustled into the police cruiser, and whisked off to jail. Which of the following is true regarding Barry's right to counsel?

The Foreign Corrupt Practices Act prohibits foreign officials from entering the U.S. to conduct illegal business.

Which of the following are minor offenses usually punishable by a jail sentence of less than six months or a small fine with an example being violation of a building code?

What was the result in the case in the text, United States v. Sonya Evette Singleton, in which it was claimed that plea deals in which one defendant receives leniency in exchange for truthful testimony against another defendant are really bribes in violation of federal bribery law?

Define the term "criminal fraud" and discuss the three elements generally involved in establishing criminal fraud.

Which of the following is a false document or sign of existence used to perpetrate fraud, such as making counterfeit money?

Which of the following is a plea in which the defendant does not admit guilt but agrees not to contest the charges?

Reference - Cosmetic Profits. Sally is the vice president at Big Name Cosmetics Company. Through important and material nonpublic information, she learns that the company is soon going to purchase a smaller chain of stores. It is expected that stock in Big Name Cosmetics will rise dramatically at that point. Sally immediately buys a number of shares of her company's stock. She also tells her friend Alice about the expected purchase of stores. Alice wanted to purchase stock in the company but lacked the funds with which to do so. Although she did not have the funds in Bank A, Alice decided to draw a check on Bank A and deposit the check in Bank B and then proceed to write a check on Bank B to cover the purchase of the stock. She hoped that she would have sufficient funds to deposit before the check was presented for payment. Of which offense is Sally guilty, if any, in purchasing stock of her company?