Deck 6: Criminal Law

Question 1

Bill has had a problem with vandalism at his business. He rigs up a spring gun at the entryway to his store, so that any after-hours intruder will be shot upon entry. Bill may legally use this deadly force to protect his business.

Answer 1

False

Question 2

Unlike larceny, embezzlement requires the intent to permanently deprive the owner of his property.

Answer 2

False

Question 3

The defendant must testify in a criminal proceeding.

Answer 3

False

Question 4

A grand jury decision will result in a final judgment as to the guilt or innocence of the defendant.

Question 5

The elements of embezzlement are included in larceny.

Question 6

The Fifth Amendment would protect a defendant from having to give blood samples to the prosecution, since that could be a form of self-incrimination as interpreted by the courts.

Question 7

Torts are civil cases, not criminal cases.

Question 8

Under the United States legal system, you are guilty until proven innocent.

Question 9

Duress is a valid defense to larceny, but not to murder.

Question 10

Employers may be subject to criminal penalties for the unauthorized act of a manager who is acting within the scope of employment.

Question 11

The State may appeal a verdict of "not guilty" if there is an error in the trial.

Question 12

Robbery is a larceny accompanied by force.

Question 13

The Fifth Amendment protects all individuals against unreasonable searches and seizures.

Question 14

A felony is a more serious type of crime than a misdemeanor.

Question 15

In a criminal trial, the plaintiff must prove the case by a preponderance of the evidence.

Question 16

Corporations may be held liable for crimes.

Question 17

Mail fraud does not require the victim to be actually defrauded.

Question 18

RICO provides for criminal penalties, but contains no provision for civil penalties.

Question 19

Stan offered Cheyenne, the chairperson of the Midtown Zoning Commission, a ten percent interest in his proposed subdivision development if she would use her influence to have his proposal approved by the commission. She refused to be a part of Stan's plan, so Stan cannot be found guilty of bribery.

Question 20

Businesses suffer considerable loss as victims of criminal actions, but businesses cannot be perpetrators of criminal actions.

Question 21

The Federal Organizational Corporate Sentencing Guidelines require corporations to formulate and implement compliance programs reasonably designed to prevent crimes by the corporations and their employees; adopting and implementing an adequate compliance program can lead to lesser penalties when crimes do occur.

Question 22

Vicarious liability is imposed upon one person for the acts of another.

Question 23

Carelessness or negligence is a form of subjective fault.

Question 24

Computer crimes are so commonplace that an estimated two out of every three copies of software are illegally obtained.

Question 25

Although mens rea is a required element for most crimes, many regulatory crimes dispense with it.

Question 26

Crimes consist of two basic elements.

Question 27

A preliminary hearing is held in a criminal case to determine whether there is probable cause to believe the defendant is the one who committed the crime.

Question 28

The Sixth Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital offense except by grand jury indictment.

Question 29

The Fifth Amendment would protect a defendant from having to have his photograph taken, since this would be a type of communication.

Question 30

Selling liquor to a minor can result in criminal liability only if the seller intended to sell to an underage person.

Question 31

Some states still recognize common law crimes.

Question 32

In a civil case, as few as six jurors are permitted, but there must be 12 jurors in a criminal case.

Question 33

Today most crimes are covered by statutory law rather than by the common law, although many of the crimes in statutory form had their origins in the common law.

Question 34

The Federal Organizational Corporate Sentencing Guidelines may require restitution to victims of certain corporate crimes.

Question 35

A "bench trial" is one in which the decision is made without a jury.

Question 36

RICO does not apply to businesses that are engaged in organized crime.

Question 37

Robbery and burglary are the same crime.

Question 38

All federal crimes are statutory.

Question 39

Murder is a mala prohibita type of crime.

Question 40

In a criminal case, the defendant must be tried by jury if he so desires.

Question 41

Which one of the following is NOT true of a criminal suit?

A) A criminal suit is brought by the government, not by an individual.
B) In a criminal suit, guilt is never presumed.
C) One purpose of a criminal suit is compensation for the victim.
D) A criminal suit requires a higher burden of proof than a civil suit.

Question 42

Individuals may use reasonable force to protect themselves, their property, and other individuals. In this context, reasonable force would mean:

A) deadly force is reasonable to protect property.
B) deadly force is never reasonable to protect property, but is reasonable if an attack threatens the victim with serious bodily harm.
C) deadly force is never reasonable, even if an attack threatens the victim with serious bodily harm.
D) deadly force is reasonable to protect property or if an attack threatens the victim with serious bodily harm.

Question 43

_{47. Congress has concluded that is the most prevalent method used for distributing pornography and}
Perpetrating fraudulent schemes, and it enacted the

A) spam; CAN-SPAM Act
B) mala prohibita crime; Model Penal Code
C) mala in se crime; RICO Act _{d. white-collar crime; Sarbanes-Oxley Act}
To deal with the problem.

Question 44

Cybercrime:

A) may be categorized based on whether the computer was the instrument or the target of the crime.
B) has not been regulated by state laws.
C) has been controlled by comprehensive federal legislation.
D) is easy to detect.

Question 45

The term actus reus refers to the mental intent element of a crime.

Question 46

What happens if the police illegally seize evidence in violation of the Fourth Amendment?

A) The evidence will be excluded from use at trial.
B) The defendant's arrest is nullified.
C) The defendant is entitled to another trial.
D) The defendant will be paid for the expenses of his defense.

Question 47

Bill is the accountant for Cheatam and Sons Co. For many years he has kept two sets of books, one with real figures and another with figures he uses when the IRS audits. When Bill, while working on Cheatam's books, is arrested for fraud, what will happen to the books?

A) They are privileged communications and therefore inadmissible as evidence against Bill.
B) They are protected by the Fifth Amendment and therefore are inadmissible.
C) They may be admitted as evidence since the Fifth Amendment does not protect business records.
D) They may be admitted as evidence only if Bill consented to a search of his offices.

Question 48

If Sheree, a county commissioner, threatened Brent that unless she received a 15 percent interest in his proposed development she would use her influence to prevent approval of the development, she has committed criminal extortion.

Question 49

A defendant who is indicted will next be:

A) brought before a grand jury.
B) tried.
C) arraigned.
D) fined.

Question 50

Self-defense will NOT protect a person from criminal prosecution if she:

A) shoots a man who is about to stab her with a knife.
B) hits a man who is pushing her off the bus while it is still moving.
C) shoots a man who is holding a realistic-looking cap pistol at her head.
D) shoots a man who has shoplifted a rare, expensive diamond necklace from her store.

Question 51

The Sarbanes-Oxley Act created a powerful Accounting Oversight Board with authority to review and discipline auditors.

Question 52

Which of the following is NOT found in the Eighth Amendment to the U.S. Constitution?

A) Protection from excessive bail
B) A prohibition against double jeopardy
C) A prohibition against cruel and unusual punishment
D) All of these are found in the Eighth Amendment.

Question 53

The Sarbanes-Oxley Act:

A) establishes new criminal offenses as well as substantially increasing penalties for existing crimes.
B) imposes fines and/or imprisonment of up to 20 years for knowingly altering, destroying, or falsifying any document with the intent of impeding a federal investigation.
C) adds new financial disclosure requirements for corporations.
D) The Sarbanes-Oxley Act does all of these.

Question 54

Another name for an indictment is a(n):

A) true bill.
B) arraignment.
C) information.
D) preliminary hearing.

Question 55

Which of the following is correct with respect to a grand jury?

A) The grand jury decides guilt or innocence of the defendant.
B) The grand jury always hears testimony from the defendant.
C) The grand jury can issue an indictment if it finds sufficient evidence to justify a trial on the charges alleged.
D) None of these.

Question 56

Embezzlement and forgery are considered white-collar crimes.

Question 57

Two boys held up a liquor store at gunpoint and ran off with a bag of money. The police saw them run into Jill's apartment building where there are only four apartments off a common hall and no apparent way out of the building but the front door. The police knock on Jill's door. She says she's the only one there. The police can:

A) search the apartment without a warrant because Jill voluntarily answered the door.
B) search the apartment without a warrant because they are in hot pursuit of the fugitive.
C) not search the apartment, because they have no reason to believe that the boys are in Jill's apartment rather than in the others.
D) not search the apartment, because voluntary consent to enter is necessary.

Question 58

The criminal intent necessary to commit a crime is known as:

A) actus reus.
B) mens rea.
C) vicarious liability.
D) malice aforethought.

Question 59

Mark carefully plots a course of action to embezzle $100,000 from his employer, Sue. He is fired before he ever gets a chance to put the plan in action. In cleaning out his desk, Sue finds his plans. Mark is:

A) guilty of a crime because he intended to carry it out.
B) guilty of a crime because he had mens rea.
C) not guilty because he did not act on his plan.
D) not guilty because he is no longer employed by Sue.

Question 60

The Fourth Amendment to the Constitution:

A) requires a speedy trial.
B) prohibits double jeopardy.
C) protects against unreasonable search and seizure.
D) All of these.

Question 61

Anita tells Bob that unless Bob pays her $5,000, she will tell his customers that he was once arrested for shoplifting as a teenager. If the statement that Bob shoplifted as a teenager is true:

A) in most jurisdictions Anita has committed the crime of extortion.
B) Anita has committed no crime since Bob actually did shoplift as a teenager.
C) Anita has committed the crime of bribery.
D) in all jurisdictions in the United States, Anita would have to have received the money from Bob to be charged with a crime.

Question 62

Compare and contrast a criminal case with a civil case. Be sure to use the correct terminology.

Question 63

XYZ, Inc. has been convicted of bribing public officials. It is now time for sentencing. Possible sentences include:

A) putting the corporation's president, who was not involved in the bribery, in jail.
B) putting the corporate shareholders in jail.
C) fining the corporation.
D) None of these. A corporation cannot commit a crime.

Question 64

A warrant is required for a search by the police where:

A) the police are in hot pursuit of a criminal.
B) voluntary consent is given to the search.
C) evidence of a crime is in plain view of the police officer.
D) a witness has described the location of the evidence in the suspect's house.

Question 65

What principle was involved in the Weeks v. United States case?

A) The exclusionary rule
B) Double jeopardy
C) Probable cause
D) Vicarious liability

Question 66

A crime that is punishable by a fine or imprisonment in a local jail is a:

A) felony.
B) white-collar crime.
C) misdemeanor.
D) mala prohibita crime only.

Question 67

The privilege against self-incrimination extends to which of the following?

A) Providing a handwriting sample.
B) Appearing in a line-up for identification purposes.
C) Taking a blood test after an accident.
D) None of these are protected by the privilege against self-incrimination.

Question 68

Describe how a criminal case is commenced and how it proceeds through the court system. What are the various stages in the proceeding? Be sure to use the correct terminology.

Question 69

At common law, a felony.

A) burglary
B) bribery
C) robbery _{d. theft}
Was defined as a breaking and entering of a dwelling house at night with the intent to commit

Question 70

Robbery can be "aggravated robbery" under which of the following circumstances?

A) The robber intends to kill if faced with resistance.
B) Serious bodily injury to the victim occurs.
C) The crime is committed by two persons rather than one person.
D) All of these.

Question 71

If Steve, wanting to protect his warehouse, closes two pit bulldogs inside and they attack and kill an intruder, Steve would be found to have:

A) subjective fault.
B) objective fault.
C) liability without fault.
D) no fault, as he was merely protecting his property.

Question 72

The degrees of mental fault in criminal law include which of the following?

A) Subjective fault, which involves negligence or carelessness
B) Objective fault, which involves purposeful, knowing, or reckless conduct
C) Liability without fault, where no requisite mental state or even knowledge of the act is required in some instances
D) All of these.

Question 73

The jury.

A) Fourth Amendment
B) Fifth Amendment
C) Sixth Amendment
D) Eighth Amendment

Question 74

Which of the following is correct with respect to RICO?

A) It subjects to penalties enterprises that engage in a pattern of racketeering, defined as the commission of two or more specified state or federal criminal offenses within a period of ten years.
B) It was enacted with the stated purpose of terminating the infiltration of organized crime into legitimate businesses.
C) It provides for both civil and criminal penalties for violators.
D) All of these are correct.

Question 75

Under RICO, a dealing.

A) predicate act
B) liable act
C) white-collar crime _{d. mala in se act}
Is any of several criminal offenses such as murder, kidnapping, arson, extortion, and drug

Question 76

Losses due to computer crimes are estimated to be:

A) minimal, as the federal government has passed comprehensive legislation prohibiting computer crime.
B) in the millions of dollars.
C) in the tens of billions of dollars.
D) decreasing, as legislation and enforcement have been increasing.

Question 77

At the the accused is informed of the charge and the accused enters a plea.

A) preliminary hearing
B) arraignment
C) indictment
D) information

Question 78

An employer directs his vice-president of marketing to fix prices with their company's competitors. The employee does so. Under these facts:

A) only the employee is liable.
B) both the employee and the employer are liable.
C) only the employer is liable.
D) neither the employee nor the employer is liable.

Question 79

Paul is working as an undercover drug agent. He enrolls in classes at State University where he meets several students in business administration and invites them to come to his house for a party. No mention is made of any drugs, but he does say he will have a keg of beer. Shortly after his guests arrive, he gets out some marijuana and encourages the group to have some. All of them refuse, except Sam, who has never tried it before. When Sam lights up, Paul arrests him for possession of a controlled substance. Sam:

A) is clearly guilty as charged.
B) can raise the defense of entrapment, claiming Paul has enticed him to commit a crime that he would not have committed otherwise.
C) has a valid defense of duress.
D) can raise the Fourth Amendment to exclude the marijuana as evidence that has been illegally seized.

Question 80

Which of the following is found in the Fifth Amendment to the U.S. Constitution?

A) A privilege against self-incrimination
B) A right to a speedy, public trial by jury
C) A prohibition against cruel or unusual punishment
D) The right to an attorney