Deck 8: Criminal Law and Cyber Crimes
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Deck 8: Criminal Law and Cyber Crimes
1
An indictment is a charge of guilt against the defendant.
False
2
Monetary damages and equitable remedies are provided in a civil lawsuit.
True
3
Crimes committed by businesspersons are referred to as blue-collar crimes.
False
4
If the accused cannot afford a private defense lawyer,the government will provide one free of charge.
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5
A nolo contendere plea can be used as evidence of liability against the accused at a subsequent civil trial.
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6
Extortion of private persons is commonly referred to as blackmail.
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7
A crime is the violation of a statute for which the government imposes a punishment.
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8
Theft committed by an unauthorized entry through an unlocked door would be considered burglary.
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9
Persons injured by a RICO violation can bring a private civil RICO action against the violator.
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10
Criminal fraud is the crime of obtaining title to property through deception or trickery.
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11
The case against the accused is dismissed if neither an indictment nor information statement is issued.
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12
Extortion of public officials is called extortion under color of official right.
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13
A civil lawsuit does not require a unanimous jury vote.
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14
The government can forfeit any property involved in a money laundering offense.
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15
The Racketeer Influenced and Corrupt Organizations Act (RICO)applies only to organized crimes.
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16
The offeror cannot be found liable for the crime of bribery if the person to whom the bribe is offered rejects the bribe.
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17
If a defendant is found not guilty in a criminal case,the government can retry the case with a new jury.
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18
A person charged with a crime in the United States is presumed guilty until proven innocent.
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19
In a criminal lawsuit,the government is represented by a lawyer called defense attorney.
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20
In a criminal lawsuit,guilt has to be proven beyond any reasonable doubt.
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21
Corporations and businesses can seek protection under privilege against self-incrimination.
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22
The Sixth Amendment guarantees that a criminal defendant has the right to a public jury trial.
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23
A defendant is protected by the Double Jeopardy Clause if his case reaches a hung jury.
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24
In the United States,what recourse does an accused person have in case he cannot afford a private defense lawyer?
A)The government will provide an attorney for the accused free of charge.
B)He will have to spend his time in jail till he can collect enough money to afford one.
C)A public defender will be appointed to the accused by the government for a nominal fee.
D)He will have to defend himself when the trial starts.
A)The government will provide an attorney for the accused free of charge.
B)He will have to spend his time in jail till he can collect enough money to afford one.
C)A public defender will be appointed to the accused by the government for a nominal fee.
D)He will have to defend himself when the trial starts.
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25
Who is the plaintiff in a criminal lawsuit?
A)the respondent
B)the government
C)a private party
D)the victim
A)the respondent
B)the government
C)a private party
D)the victim
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26
The Fourth Amendment protects people from being tried twice for the same crime.
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27
The Eighth Amendment prohibits capital punishment.
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28
The attorney-client privilege can only be raised by the defendant.
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29
The Miranda Rights assures the arrested that a lawyer will be appointed to the arrested if he or she cannot afford one.
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30
Obtaining nontestimonial evidences like fingerprint and body fluids violates the privilege against self-incrimination provision.
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31
In a criminal conspiracy crime,the commission of the act is not necessary.
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32
A suspect can assert his Fifth Amendment privilege even after he is given a grant of immunity.
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33
________ are the most serious of crimes,and are considered to be inherently evil.
A)Infractions
B)Misdemeanors
C)Felonies
D)Summary offences
A)Infractions
B)Misdemeanors
C)Felonies
D)Summary offences
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34
A confession obtained from a person who has not been read the Miranda rights is not admissible in court.
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35
The Fifth Amendment protects people from unreasonable search and seizure by the government.
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36
The exclusionary rule allows for evidences obtained from an unreasonable search and seizure to be introduced in trial.
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37
Warrantless searches are permitted where it is likely that evidence will be destroyed.
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38
A collection of criminal statutes is referred to as a(n)________.
A)constitution
B)bill
C)charter
D)penal code
A)constitution
B)bill
C)charter
D)penal code
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39
________ include environmental laws,securities laws,and antitrust laws and provide for criminal violations and penalties.
A)Regulatory statutes
B)Constitutions
C)Charters
D)Resolutions
A)Regulatory statutes
B)Constitutions
C)Charters
D)Resolutions
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40
The Fifth Amendment to the U.S.Constitution provides that no person shall be compelled in any criminal case to be a witness against himself.
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41
________ crimes require that the perpetrator either knew or should have known that his or her actions would lead to harmful results.
A)General intent
B)Nonintent
C)Specific intent
D)Explicit intent
A)General intent
B)Nonintent
C)Specific intent
D)Explicit intent
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42
Which of the following is a difference between indictments and information statements?
A)Indictments are issued by a grand jury,while an information statement by a magistrate.
B)Indictments are issued before a trial,while an information statement is issued after a trial.
C)Information statements are issued without determining guilt,while an indictment is issued where guilt is evident.
D)Information statements are issued to dismiss a case before it goes to trial,while an indictment is issued to bring a case to trial.
A)Indictments are issued by a grand jury,while an information statement by a magistrate.
B)Indictments are issued before a trial,while an information statement is issued after a trial.
C)Information statements are issued without determining guilt,while an indictment is issued where guilt is evident.
D)Information statements are issued to dismiss a case before it goes to trial,while an indictment is issued to bring a case to trial.
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43
A(n)________ is a document for a person's detainment,based on a showing of probable cause that the person committed a crime.
A)no-knock warrant
B)possessory warrant
C)execution warrant
D)arrest warrant
A)no-knock warrant
B)possessory warrant
C)execution warrant
D)arrest warrant
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44
A jury that cannot come to a unanimous decision about the defendant's guilt is called a ________.
A)open jury
B)grand jury
C)hung jury
D)struck jury
A)open jury
B)grand jury
C)hung jury
D)struck jury
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45
What is the necessary condition for an accused person to be found guilty by a jury?
A)At least half the jurors have to find the defendant guilty of the crime.
B)All the jurors have to unanimously agree that the defendant is guilty of the crime.
C)More than 50 per cent of the jurors have to find the defendant guilty of the crime.
D)The jury's guilty verdict has to be approved by the presiding judge.
A)At least half the jurors have to find the defendant guilty of the crime.
B)All the jurors have to unanimously agree that the defendant is guilty of the crime.
C)More than 50 per cent of the jurors have to find the defendant guilty of the crime.
D)The jury's guilty verdict has to be approved by the presiding judge.
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46
A(n)________ is considered a less serious crime; not inherently evil but prohibited by society; and is punishable by fines or imprisonment for one year or less.
A)indictable offence
B)violation
C)felony
D)misdemeanor
A)indictable offence
B)violation
C)felony
D)misdemeanor
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47
________ is defined as the substantial likelihood that a person either committed or is about to commit a crime.
A)Reasonable suspicion
B)Probable cause
C)Reasonable doubt
D)Preponderance of evidence
A)Reasonable suspicion
B)Probable cause
C)Reasonable doubt
D)Preponderance of evidence
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48
A(n)________ is a charge of having committed a crime,usually a felony,based on the judgment of a grand jury.
A)indictment
B)information statement
C)arraignment
D)plea
A)indictment
B)information statement
C)arraignment
D)plea
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49
A person found speeding is considered to have committed a(n)________.
A)indictable offence
B)violation
C)felony
D)misdemeanor
A)indictable offence
B)violation
C)felony
D)misdemeanor
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50
At what stage of the criminal procedure is the accused asked to enter a plea?
A)when the accused is being booked
B)when the accused is taken to an arraignment
C)when the accused is being arrested
D)while an indictment or information statement is being issued
A)when the accused is being booked
B)when the accused is taken to an arraignment
C)when the accused is being arrested
D)while an indictment or information statement is being issued
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51
________ is a crime that involves the willful or malicious burning of a building.
A)Larceny
B)Arson
C)Battery
D)Embezzlement
A)Larceny
B)Arson
C)Battery
D)Embezzlement
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52
What is nolo contendere in legal proceedings?
A)a plea by which the defense attorney sets out reasons as to why the case should not go to trial
B)a guilty plea where the defendant does not admit the act and asserts innocence though there is sufficient evidence against the defendant
C)a plea where the accused agrees to the imposition of a penalty but does not admit guilt
D)a plea by which the defense attorney exhibits evidences that the defendant is not fit to stand for trial
A)a plea by which the defense attorney sets out reasons as to why the case should not go to trial
B)a guilty plea where the defendant does not admit the act and asserts innocence though there is sufficient evidence against the defendant
C)a plea where the accused agrees to the imposition of a penalty but does not admit guilt
D)a plea by which the defense attorney exhibits evidences that the defendant is not fit to stand for trial
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53
The wrongful or fraudulent taking of another's personal intangible properties like trade secrets,computer programs,and other business property is considered as a(n)________.
A)larceny
B)robbery
C)aggravated burglary
D)aggravated robbery
A)larceny
B)robbery
C)aggravated burglary
D)aggravated robbery
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54
Roland and Kelly were involved in a car accident in which Kelly was badly injured and had to be hospitalized.After the accident was investigated,it was found that Roland's negligence was the cause of the accident.Duly,he was charged with reckless driving,a crime.What course of action should Roland take to avoid being sued by Kelly,holding him liable for her injuries and subsequent hospital bills?
A)enter into a plea of nolo contendere
B)plead not guilty and go to trial
C)enter into a plea bargain with the government and pay a nominal penalty set by the government
D)plead guilty and serve the punishment set by the government,as this will suffice as the all-binding punishment for the crime
A)enter into a plea of nolo contendere
B)plead not guilty and go to trial
C)enter into a plea bargain with the government and pay a nominal penalty set by the government
D)plead guilty and serve the punishment set by the government,as this will suffice as the all-binding punishment for the crime
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55
When is a criminal said to be judgment proof?
A)when the criminal has not been read his Fifth Amendment rights prior to his arrest
B)when the criminal has been deemed to be insane
C)when the criminal does not have the money to pay a civil judgment
D)when the criminal is found to be unfit to go to prison
A)when the criminal has not been read his Fifth Amendment rights prior to his arrest
B)when the criminal has been deemed to be insane
C)when the criminal does not have the money to pay a civil judgment
D)when the criminal is found to be unfit to go to prison
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56
Where is the felony murder rule applied?
A)when the murder was committed without intent,while committing another crime
B)when the crime involves the intended murder of another person
C)when the felon in the case was killed while the crime transpired
D)when the reason for the death is found to be involuntary manslaughter
A)when the murder was committed without intent,while committing another crime
B)when the crime involves the intended murder of another person
C)when the felon in the case was killed while the crime transpired
D)when the reason for the death is found to be involuntary manslaughter
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57
Which two elements are required to find a defendant guilty of an intent crime?
A)criminal act and criminal intent
B)victim and criminal intent
C)criminal act and proof of gain
D)motive and criminal intent
A)criminal act and criminal intent
B)victim and criminal intent
C)criminal act and proof of gain
D)motive and criminal intent
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58
A(n)________ is an agreement in which the accused admits to a lesser crime than charged,and in return,the government agrees to impose a lesser sentence than might have been obtained had the case gone to trial.
A)plea bargain
B)indictment
C)arraignment
D)nolo contendere
A)plea bargain
B)indictment
C)arraignment
D)nolo contendere
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59
Which of the following crimes is an example of a white-collar crime?
A)larceny
B)arson
C)forgery
D)battery
A)larceny
B)arson
C)forgery
D)battery
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60
Tim Talon has been found by a court of law to be guilty of reckless driving and killing a pedestrian as a consequence.His defense was that he was driving under the influence of alcohol and lost control of his automobile.He was subsequently punished for his crime.How would the court classify Tim Talon's case for intent?
A)general intent crime
B)criminal intent crime
C)nonintent crime
D)specific intent crime
A)general intent crime
B)criminal intent crime
C)nonintent crime
D)specific intent crime
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61
________ is the fraudulent conversion of property by a person to whom that property was entrusted.
A)Bribery
B)Extortion
C)Embezzlement
D)Forgery
A)Bribery
B)Extortion
C)Embezzlement
D)Forgery
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62
The crime of ________ involves the obtaining of property from another,with his or her consent,induced by wrongful use of actual or threatened force,violence,or fear.
A)bribery
B)extortion
C)money laundering
D)embezzlement
A)bribery
B)extortion
C)money laundering
D)embezzlement
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63
Which one of the following types of protection does the Fourth Amendment provide to U.S.citizens?
A)protection against self-incrimination
B)protection against being tried for the same case twice
C)protection from unreasonable search and seizure by the government
D)protection from cruel and unusual punishment for a criminal defendant
A)protection against self-incrimination
B)protection against being tried for the same case twice
C)protection from unreasonable search and seizure by the government
D)protection from cruel and unusual punishment for a criminal defendant
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64
Which of the following rights was provided under the Sixth Amendment?
A)right against self-incrimination
B)right to public jury trial
C)right to due process
D)double jeopardy
A)right against self-incrimination
B)right to public jury trial
C)right to due process
D)double jeopardy
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65
Under which of the following circumstances is a warrantless search permitted?
A)if evidence is not in plain view
B)if evidence is likely to be destroyed
C)if the suspect has been previously convicted
D)if there is no probable cause
A)if evidence is not in plain view
B)if evidence is likely to be destroyed
C)if the suspect has been previously convicted
D)if there is no probable cause
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66
Richard Bell,an organized crime boss and casino owner,has made a lot of money with his illegal drug operations and illegal gambling.He stashes away most of this drug money in personal lockers.In order to make it look like he earned it legitimately,Richard hired crooks to take the drug money and spend it in Richard's casinos in discreet amounts.The crooks are supposed to lose the money on purpose so that the casino can claim this as winnings.The crooks are then paid a small amount for their services.
Under which federal law would Richard be tried for his mob activities,if he were caught?
A)Identity Theft and Assumption Deterrence Act
B)Racketeer Influenced and Corrupt Organizations Act
C)Counterfeit Access Device and Computer Fraud and Abuse Act
D)Information Infrastructure Protection Act
Under which federal law would Richard be tried for his mob activities,if he were caught?
A)Identity Theft and Assumption Deterrence Act
B)Racketeer Influenced and Corrupt Organizations Act
C)Counterfeit Access Device and Computer Fraud and Abuse Act
D)Information Infrastructure Protection Act
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67
Which of the following does the Money Laundering Act prohibit?
A)the fraudulent conversion of property by a person to whom that property was entrusted
B)obtaining property from another,with his or her consent,induced by wrongful use of actual or threatened force
C)the use of mails or wires to defraud another person
D)knowingly engaging in a financial transaction involving the proceeds of an unlawful activity
A)the fraudulent conversion of property by a person to whom that property was entrusted
B)obtaining property from another,with his or her consent,induced by wrongful use of actual or threatened force
C)the use of mails or wires to defraud another person
D)knowingly engaging in a financial transaction involving the proceeds of an unlawful activity
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68
Which of the following would violate the Double Jeopardy Clause?
A)The criminal act violates more than one jurisdiction and each jurisdiction tries the accused in turn.
B)A case reaches a hung jury in court and the government reopens the case with a new jury.
C)A person is tried for a case similar to a case from which he was acquitted earlier.
D)The government reopens a case after new incriminating evidence is found against an acquitted person.
A)The criminal act violates more than one jurisdiction and each jurisdiction tries the accused in turn.
B)A case reaches a hung jury in court and the government reopens the case with a new jury.
C)A person is tried for a case similar to a case from which he was acquitted earlier.
D)The government reopens a case after new incriminating evidence is found against an acquitted person.
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69
Frank Carpenter,who runs a charity organization,has been faking his father's signature on his father's personal checks and writing them in favor of the charity as donations.He gets hold of the checks from his father's personal assistant,Rhonda Mason,who is also Frank's friend and his charity's trustee.After faking the signature,Frank gives the checks to Rhonda who is then trusted to deposit the check.But unbeknownst to Frank,Rhonda routes some of the check money into her own personal account instead of using it for the charity.Frank's father,Dawson,came to realize that money was being withdrawn from his account without his consent.His suspicion fell on his estranged son,Frank,and in order to find out if Frank was involved,Dawson secretly offered money to the financial accountant of the charity to divulge the charity's financial dealings.The accountant accepted the money and gave whatever information Dawson required.It was clear to Dawson from the financial records of the charity that Frank has been swindling him of his money; he was also able to figure out that the charity itself was being swindled by somebody from within.With this information Dawson proceeded to file a suit against his son.
What illegal activity did the financial accountant of the charity partake in?
A)bribery
B)larceny
C)extortion
D)embezzlement
What illegal activity did the financial accountant of the charity partake in?
A)bribery
B)larceny
C)extortion
D)embezzlement
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70
Richard Bell,an organized crime boss and casino owner,has made a lot of money with his illegal drug operations and illegal gambling.He stashes away most of this drug money in personal lockers.In order to make it look like he earned it legitimately,Richard hired crooks to take the drug money and spend it in Richard's casinos in discreet amounts.The crooks are supposed to lose the money on purpose so that the casino can claim this as winnings.The crooks are then paid a small amount for their services.
Mark and Jack work as clerks at the New Bank of North America,which they plan to rob.In order to plan and execute the robbery,Mark and Jack obtained the floor plans of the bank,studied security arrangements and movements of security personnel.They even got weapons,in case force is required,as they plan to rob the bank during working hours.But the police got information about the plan and arrested Mark and Jack,and thus prevented the robbery from taking place.Which of the following crimes have Mark and Jack committed?
A)criminal conspiracy
B)extortion
C)money laundering
D)larceny
Mark and Jack work as clerks at the New Bank of North America,which they plan to rob.In order to plan and execute the robbery,Mark and Jack obtained the floor plans of the bank,studied security arrangements and movements of security personnel.They even got weapons,in case force is required,as they plan to rob the bank during working hours.But the police got information about the plan and arrested Mark and Jack,and thus prevented the robbery from taking place.Which of the following crimes have Mark and Jack committed?
A)criminal conspiracy
B)extortion
C)money laundering
D)larceny
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71
Gregory Aimes,who is being tried for murder,has been appointed Linda Steve as an attorney for his defense.While questioning Gregory about the case,Linda gets a confession of murder from Gregory.Linda cannot divulge this information to the proper authorities due to the attorney-client privilege,wherein all information exchanged between client and attorney are confidential.Under which one of the following conditions can Linda lawfully break her attorney-client privilege with Gregory?
A)if Gregory asks that Linda be replaced as his attorney
B)if Linda voluntarily resigns as Gregory's attorney
C)if Gregory is acquitted in the case
D)if Gregory discloses to Linda about a planned future murder
A)if Gregory asks that Linda be replaced as his attorney
B)if Linda voluntarily resigns as Gregory's attorney
C)if Gregory is acquitted in the case
D)if Gregory discloses to Linda about a planned future murder
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72
Which Fifth Amendment provision in the U.S.Constitution do the Miranda Rights refer to?
A)double jeopardy
B)unreasonable searches and seizures
C)privilege against self-incrimination
D)parole eligibility
A)double jeopardy
B)unreasonable searches and seizures
C)privilege against self-incrimination
D)parole eligibility
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73
Richard Bell,an organized crime boss and casino owner,has made a lot of money with his illegal drug operations and illegal gambling.He stashes away most of this drug money in personal lockers.In order to make it look like he earned it legitimately,Richard hired crooks to take the drug money and spend it in Richard's casinos in discreet amounts.The crooks are supposed to lose the money on purpose so that the casino can claim this as winnings.The crooks are then paid a small amount for their services.
What crime is Richard committing in converting his drug money to alleged legal money?
A)misappropriation
B)embezzlement
C)money laundering
D)extortion
What crime is Richard committing in converting his drug money to alleged legal money?
A)misappropriation
B)embezzlement
C)money laundering
D)extortion
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74
Frank Carpenter,who runs a charity organization,has been faking his father's signature on his father's personal checks and writing them in favor of the charity as donations.He gets hold of the checks from his father's personal assistant,Rhonda Mason,who is also Frank's friend and his charity's trustee.After faking the signature,Frank gives the checks to Rhonda who is then trusted to deposit the check.But unbeknownst to Frank,Rhonda routes some of the check money into her own personal account instead of using it for the charity.Frank's father,Dawson,came to realize that money was being withdrawn from his account without his consent.His suspicion fell on his estranged son,Frank,and in order to find out if Frank was involved,Dawson secretly offered money to the financial accountant of the charity to divulge the charity's financial dealings.The accountant accepted the money and gave whatever information Dawson required.It was clear to Dawson from the financial records of the charity that Frank has been swindling him of his money; he was also able to figure out that the charity itself was being swindled by somebody from within.With this information Dawson proceeded to file a suit against his son.
Which of the following crimes has Rhonda Mason committed?
A)bribery
B)embezzlement
C)forgery
D)extortion
Which of the following crimes has Rhonda Mason committed?
A)bribery
B)embezzlement
C)forgery
D)extortion
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75
Which criminal activity is Frank engaging in when faking his father's signature?
A)embezzlement
B)bribery
C)forgery
D)extortion
A)embezzlement
B)bribery
C)forgery
D)extortion
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76
According to the ________,evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trial or an administrative proceeding against the person searched.
A)presumption of innocence doctrine
B)double jeopardy rule
C)exclusionary rule
D)Miranda rights
A)presumption of innocence doctrine
B)double jeopardy rule
C)exclusionary rule
D)Miranda rights
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77
The fraudulent making or alteration of a written document that affects the legal liability of another person is called ________.
A)extortion
B)larceny
C)embezzlement
D)forgery
A)extortion
B)larceny
C)embezzlement
D)forgery
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78
The Double Jeopardy Clause of the Fifth Amendment protects persons from ________.
A)evidence procured through unreasonable search and seizures
B)confessions obtained through physical force during an interrogation
C)being tried twice for the same crime
D)being subjected to a heavier penalty or longer imprisonment than originally sentenced to
A)evidence procured through unreasonable search and seizures
B)confessions obtained through physical force during an interrogation
C)being tried twice for the same crime
D)being subjected to a heavier penalty or longer imprisonment than originally sentenced to
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79
Frank Carpenter,who runs a charity organization,has been faking his father's signature on his father's personal checks and writing them in favor of the charity as donations.He gets hold of the checks from his father's personal assistant,Rhonda Mason,who is also Frank's friend and his charity's trustee.After faking the signature,Frank gives the checks to Rhonda who is then trusted to deposit the check.But unbeknownst to Frank,Rhonda routes some of the check money into her own personal account instead of using it for the charity.Frank's father,Dawson,came to realize that money was being withdrawn from his account without his consent.His suspicion fell on his estranged son,Frank,and in order to find out if Frank was involved,Dawson secretly offered money to the financial accountant of the charity to divulge the charity's financial dealings.The accountant accepted the money and gave whatever information Dawson required.It was clear to Dawson from the financial records of the charity that Frank has been swindling him of his money; he was also able to figure out that the charity itself was being swindled by somebody from within.With this information Dawson proceeded to file a suit against his son.
Which illegal activity are Rhonda and Frank guilty of when it came to using Dawson's money for the charity?
A)bribery
B)extortion
C)forgery
D)criminal conspiracy
Which illegal activity are Rhonda and Frank guilty of when it came to using Dawson's money for the charity?
A)bribery
B)extortion
C)forgery
D)criminal conspiracy
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80
________ is a crime in which one person gives another person money,property,favors,or anything else of value for a favor in return.
A)Battery
B)Bribery
C)Larceny
D)Embezzlement
A)Battery
B)Bribery
C)Larceny
D)Embezzlement
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