Deck 8: Crimes

Question 1

For an act to be considered a crime, it is necessary that some person be harmed.

Answer 1

False

Question 2

RICO was designed primarily to prevent individuals involved in organized crime from investing money obtained through racketeering in legitimate businesses.

Answer 2

True

Question 3

Extortion and blackmail are exactly the same.

Answer 3

False

Question 4

An innocent person convicted of a crime is never able to receive compensation for the wrong.

Question 5

Generally, misdemeanors are more serious than felonies.

Question 6

The Foreign Corrupt Practices Act does not prohibit facilitation payments.

Question 7

RICO authorizes both criminal and civil actions.

Question 8

For business crimes, managers cannot be held criminally responsible for the conduct of their employees.

Question 9

The criminal law of all states is the same because all states have adopted a uniform criminal code.

Question 10

The Foreign Corrupt Practices Act applies to businesses with their principal offices located in the United States.

Question 11

A person may be held criminally liable for acts committed by another.

Question 12

An act that is a felony in one state will necessarily be a felony in another.

Question 13

"Mental state" does not require an awareness of guilt.

Question 14

White-collar crimes generally involve violence.

Question 15

Crimes and criminal punishment guidelines are specified in detailed criminal codes and statutes.

Question 16

Because a corporation is not a human being, it cannot be convicted of a crime.

Question 17

A crime consists of three elements: the mental state, the intent, and the act.

Question 18

Several states have adopted statutes providing a limited degree of indemnification to victims of crime.

Question 19

Bribery requires the use of violence.

Question 20

Forgery includes signing another person's name to a check with the intent to defraud.

Question 21

A crime generally consists of:

A)an act.
B)an act or omission.
C)a mental state and an act or omission.
D)a mental state and harm.

Question 22

White-collar crimes:

A)always involve the threat or use of force or violence.
B)generally involve the threat or use of force or violence.
C)sometimes involve the threat or use of force or violence.
D)do not involve the threat or use of force or violence.

Question 23

The issuing or delivery of a forged instrument to another person constitutes the crime of counterfeiting a forged instrument.

Question 24

Crime victims:

A)cannot ever receive indemnification.
B)can receive indemnification if it is provided for by statute.
C)can receive indemnification, but only for misdemeanors.
D)can receive indemnification, but only from state governments.

Question 25

The Fourth Amendment warrant requirement does not apply to businesses.

Question 26

Corporations are entitled to Fifth Amendment protection.

Question 27

Embezzlement involves fraud.

Question 28

Destroying information stored on a computer may be a crime.

Question 29

Which of the following is generally considered a felony?

A)reckless driving.
B)disturbing the peace.
C)robbery.
D)none of the above.

Question 30

Larceny is best defined as the taking of personal property from the presence of the victim by the use of force or fear.

Question 31

Due process includes the right to be heard, question witnesses, and present evidence.

Question 32

A person who did not necessarily commit the crime can still be held criminally responsible for acts committed by others __________.

A)only for crimes committed outside the United States.
B)only when the person who actually committed the crime is a supervisor.
C)only when the crime committed is a white-collar crime.
D)none of the above.

Question 33

Crimes are generally defined and their punishments specified by:

A)trial court judges.
B)appellate judges.
C)codes and statutes.
D)the United States Constitution.

Question 34

An innocent person who is unjustly convicted of a crime may:

A)never receive indemnification.
B)receive indemnification, but only for the time spent awaiting trial.
C)receive indemnification.
D)none of the above.

Question 35

Criminal laws:

A)vary from state to state.
B)are the same from state to state, except in the area of computer crimes.
C)are the same from state to state, except in the area of white-collar crimes.
D)none of the above.

Question 36

Which of the following statements is true?

A)Felonies are less serious than misdemeanors.
B)Felonies involve white-collar crimes only.
C)Felonies are more serious than misdemeanors.
D)Felonies are federal crimes only.

Question 37

Economic espionage is against the law.

Question 38

A computer crime generally can only be committed by a person having some knowledge of the operation of a computer.

Question 39

Embezzlement always involves a bank account.

Question 40

When a defendant is convicted of a crime, the court may also declare that the defendant's rights in any property used or gained from the crime be confiscated. This is known as __________.

A)forfeiture
B)reversion
C)subversion
D)divestiture

Question 41

James Smith, a health inspector for the state of Missouri, inspected a restaurant owned by Salley Slick. Smith found numerous health violations in the restaurant and fined Slick accordingly. When Smith notified Slick of the infractions, Smith strongly suggested that $5,000 "would sure prove handy in the Spring" when he planned to purchase a new fishing boat. Slick understood Smith's obvious hint and offered Smith $5,000 if he would lose the paperwork concerning the failure of the restaurant to meet proper inspection guidelines. Smith accepted the $5,000 and lost the paperwork. One month later, Smith returned to the restaurant and told Slick that he would reappear every month and find violations unless Slick produced $1,000 each month to go toward the purchase of a fleet for Smith. Slick agreed to make the $1,000 payments. What crimes have been committed by Smith and Slick?

Question 42

Perjury occurs:

A)only in court.
B)only in written form.
C)only in state courts.
D)none of the above.

Question 43

Counterfeiting is:

A)a federal crime only.
B)a state crime only.
C)both a federal and state crime.
D)none of the above.

Question 44

RICO is a product of:

A)Congress.
B)international trade agreements.
C)state law.
D)none of the above.

Question 45

The unauthorized use of a computer belonging to someone else is:

A)a crime in all states.
B)a crime in some states.
C)not a crime in any state.
D)a crime under federal law only.

Question 46

Bribery is defined as:

A)giving money, property, or any benefit to a person to influence that person's judgment.
B)using one's position as a public official to make an illegal demand.
C)using one's position as a nonpublic official to make an illegal demand.
D)exerting improper political influence.

Question 47

Due process rights apply to:

A)individuals only.
B)corporations only.
C)both individuals and corporations.
D)individuals, but only in their official capacity within a business.

Question 48

A computer crime generally requires that:

A)the criminal possess a computer.
B)the victim possess a computer.
C)the criminal have some knowledge of computers.
D)the victim have some knowledge of computers.

Question 49

The Fifth Amendment to the United States Constitution's protection against self-incrimination applies to:

A)individuals only.
B)corporations only.
C)both individuals and corporations.
D)individuals, but only in their official capacity within a business.

Question 50

Blackmail is defined as:

A)giving money to a person to influence that person's judgment.
B)an illegal demand made by a public official.
C)an illegal demand made by a nonpublic official.
D)providing improper political influence.

Question 51

Racketeering is defined as:

A)using money to influence public officials.
B)using money to influence employees of competitors.
C)using money derived from illegal activities to invest in legitimate businesses.
D)using money to influence foreign officials.

Question 52

Money __________ involves the knowing and willful participation in a financial transaction involving unlawful proceeds when the transaction is designed to conceal or disguise the source of the funds.

A)ironing
B)vacuuming
C)laundering
D)cooking

Question 53

Sally operates a large manufacturing firm near a federal land preserve known for its waterfowl and fauna. The federal government has just filed suit against Sally and her corporation, charging them with criminal violations of various environmental protection statutes. What rights do Sally and her corporation have that are guaranteed under the United States Constitution?

Question 54

Conspiracy means ____ committing a criminal act.

A)thinking about
B)an agreement aimed at
C)thinking with others about
D)all of the above

Question 55

Which of the following statements regarding the Foreign Corrupt Practices Act is true?

A)It applies only to foreign officials in this country.
B)It applies only to foreign officials outside this country.
C)It applies only to "grease" payments.
D)None of the above statements is true.

Question 56

Computer crimes include:

A)theft of hardware.
B)theft of software.
C)intentional damage to information stored on a computer.
D)all of the above.

Question 57

The Fourth Amendment to the United States Constitution's protection against unreasonable searches applies to:

A)personal homes only.
B)businesses only.
C)both homes and businesses.
D)none of the above.