Deck 14: Criminal law

Question 1

Most computer-aided thefts can be prosecuted under traditional state larceny laws.

Answer 1

True

Question 2

The Racketeer Influenced and Corrupt Organizations Act (RICO)was originally designed to combat corporate crime.

Answer 2

False

Question 3

A sales representative cannot legally accept a kickback from a purchaser of his or her employer's products.

Answer 3

True

Question 4

In the case of a felony,a preliminary hearing requires the prosecutor to present probable cause that the defendant committed the crime.

Question 5

Under strict liability,a defendant can be guilty of a crime regardless of his or her state of mind.

Question 6

State laws imposing criminal sanctions for security law violations are called blue sky laws.

Question 7

The erroneous admission at trial of a coerced confession will not always automatically require that the conviction be overturned.

Question 8

Requiring a person to appear in a lineup does not violate the Fifth Amendment privilege against self-incrimination.

Question 9

Evidence illegally obtained by the police in violation of the Fourth Amendment will be excluded from trial whether or not the police acted in good faith.

Question 10

An arrest is considered a seizure under the Fourth Amendment.

Question 11

The Seventh Amendment grants the defendant in most criminal prosecutions the right to the assistance of counsel.

Question 12

A jury trial is not required in cases in which the authorized punishment for the charged offense is six months or less.

Question 13

Criminal recklessness is when a person consciously intends to cause the harmful result.

Question 14

The Computer Fraud and Abuse Act makes the accidental transmission of computer viruses illegal.

Question 15

The Fifth Amendment grants the criminal defendant a right to a trial by jury.

Question 16

A border patrol officer cannot touch or squeeze a bus passenger's carry-on bag placed in the overhead rack,even though other passengers might also be expected to touch the bag.

Question 17

A person commits perjury when he or she takes an oath to tell the truth and states a material matter the witness believed to be true or untrue.

Question 18

The mens rea for recklessness involves the same elements and standards as those required for intentional wrongdoing.

Question 19

The Model Prison Code is a set of criminal law statutes that were proposed by the National Conference of Commissioners on Uniform state Laws for adoption by the states.

Question 20

A misdemeanor is a crime punishable by a fine or a jail sentence of one year or less.

Question 21

Where may U.S.federal criminal offenses be found?

A) The United States Code
B) The Code of Federal Regulations
C) Both the United States Code and the Code of Federal Regulations
D) The United States Code, the Coe of Federal Regulations, and the Model Penal Code

Question 22

Which of the following is not an exception to the warrant requirement for a lawful search?

A) A search when the owner or a person who appears to have authority voluntarily and intelligently consents to the search.
B) A search of a residence if there is probable cause to believe evidence of a crime will be found.
C) Anything discovered by police in plain view if the officers are legitimately on the premises.
D) A stop and frisk of a suspect if the officer reasonably believes the suspect is dangerous.

Question 23

Which of the following was the result in United States v.Forrester,the case in the text involving the issue of whether,without a search warrant,the government can obtain e-mail addresses and information regarding Internet sites visited through installation of a device at the location of the Internet service provider?

A) That the government violated the defendant's constitutional rights because no warrant was obtained.
B) That obtaining the information did not constitute a Fourth Amendment search, and that the defendant's constitutional rights were not violated.
C) That obtaining the information was a Fourth Amendment search, but that the defendant's constitutional rights were not violated.
D) That obtaining the information did not constitute a Fourth Amendment search, but that the defendant's due process rights were violated.

Question 24

Which of the following is false regarding the plea of nolo contendere?

A) It means that the defendant contests the charges.
B) For the purposes of criminal proceedings, it is equivalent to a guilty plea.
C) It cannot be introduced at a subsequent civil trial.
D) It may be used by corporate defendants who anticipate civil suits based on the same activity for which they face criminal charges.

Question 25

Which of the following was the result in United States v.Stein,the case in the text involving whether the constitutional rights of the defending accountants were violated when the government pressured their former employer into ending its policy of paying attorney fees?

A) That the actions of the government violated the constitutional rights of the defendants resulting in dismissal of indictments against them.
B) That the actions of the government violated the constitutional rights of the defendants but that indictments issued against them would not be dismissed.
C) That the actions of the government did not violate the constitutional rights of the defendants only because white collar crime was involved.
D) That the actions of the government did not violate the constitutional rights of the defendants only because the defendants could afford to pay their own attorneys.

Question 26

A ______ is a court order based on an agreement by the defendant corporation to take measures to remedy the problem that led to the criminal charges.

A) ex post facto agreement
B) nolo contendere
C) consent decree
D) warrant agreement

Question 27

_________ for arrest is defined as a reasonable belief that the suspect has committed a crime or is about to commit a crime.

A) Probable cause
B) Support
C) Probable reason
D) Reasonable cause

Question 28

The term actus reus is often used to describe a guilty

A) thought.
B) mind.
C) deed.
D) intent

Question 29

Which of the following was the result in Kyllo v.United States,the case referenced in the text in which the court addressed whether the police may use infrared thermal-image scanners to scan homes without a warrant in order to find artificial heat sources,such as heat being released from grow lights for hidden marijuana crops?

A) That the police may not use infrared thermal-image scanners to scan homes without a warrant.
B) That the police may use infrared thermal-image scanners to scan homes without a warrant.
C) That the police may use infrared thermal-image scanners to scan homes without a warrant only if the police received a tip from an informant that the process would reveal criminal activity.
D) That the police may use infrared thermal-image scanners to scan homes without a warrant only if the home owner had previously been arrested for an offense involving drug trafficking.

Question 30

Which of the following types of immunity prohibits any criminal prosecution of a witness that relates to any matter discussed in his or her testimony?

A) Transactional
B) Use
C) Nolo contendere
D) Plea

Question 31

A ________ is any crime that is punishable by death or imprisonment for more than one year.

A) misdemeanor
B) felony
C) federal offense
D) white collar crime

Question 32

________ prohibits the testimony of the witness from being used against him in any way.

A) Transactional immunity
B) Use immunity
C) Nolo contendere
D) Plea bargaining

Question 33

Which of the following is false regarding seizures and searches after a traffic stop by a police officer?

A) If a police officer makes a traffic stop that is objectively justified by probable cause to believe a traffic violation has occurred, then it is irrelevant that the police officer might have used the violation only as a pretext to stop the car.
B) Police officers need not inform detained drivers that they are "legally free to go" before asking for consent to search their vehicles.
C) A police officer may order passengers out of a vehicle during the course of a traffic stop.
D) Without driver consent, a police officer can conduct a full car search after issuing a routine traffic citation.

Question 34

Evidence found as the result of an illegal search may be characterized as

A) irrelevant.
B) the fruit of the poisonous tree.
C) prosecutorial misconduct.
D) tainted goods

Question 35

Criminal law protects society principally by

A) vindicating society's values
B) compensating the victim
C) punishing the criminal
D) defining the rules of social behavior

Question 36

Which of the following is true of the death penalty in China?

A) More than 60 crimes carry the death penalty including tax fraud and bribery.
B) Less than 5 crimes carry the death penalty because it is limited to crimes involving the most serious offenses such as murder.
C) While it is currently in effect for some crimes, it is outlawed beginning in 2015.
D) The death penalty is currently outlawed.

Question 37

The defendant formally pleads guilty or not guilty at the

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

Question 38

The number of U.S.federal criminal offenses is in the range of ______.

A) 300
B) 1,000
C) 5,500
D) 19,500

Question 39

Under the ______ of the U.S.Constitution,a person can be convicted of a crime only if his or her actions constituted a crime at the time they occurred.

A) Nolo Contendere Clause
B) Ex Post Facto Clause
C) First Amendment
D) Sentencing Clause

Question 40

Under the ________ rule,a statement made by a defendant in custody is admissible only if the defendant was informed prior to police interrogation of his or her constitutional rights.

A) forced self-incrimination
B) double jeopardy
C) Miranda
D) due process

Question 41

Dave has been arrested in connection with a recent string of burglaries.While he was in custody,he was shown falsified laboratory results that connected him with the crimes.Based on the false evidence,Dave confessed to the crimes during interrogation.Dave was then given his Miranda warnings and booked.What constitutional rights may Dave assert to prevent his confession being used against him at trial? Does the state have any defenses available? Discuss fully.

Question 42

Which of the following refers to private plaintiffs bringing actions from persons submitting false claims for government funds?

A) Pro se litigants
B) Qui tam plaintiffs
C) Affiliated litigants
D) State-controlled plaintiffs

Question 43

The Fifth Amendment protects citizens from involuntary self-incrimination.Discuss the application of this constitutional protection in the following areas: a statement made by a defendant in custody prior to receiving Miranda warnings when the police intentionally,rather than mistakenly,delayed in providing the warnings; a blood sample given by a defendant; a handwriting sample given a defendant; required participation in a lineup. Explain transactional and use immunity.How does each affect a person's right not to testify under oath? Discuss fully.

Question 44

Fact Pattern 14-1
Beatrice, a bank teller, was angry with her employer, Big Bank, because she did not get a raise. Each day she begins to keep for her own use small amounts out of funds deposited by customers at her station. Eventually, she is caught when customers begin to complain about discrepancies, and bank officials conduct surveillance of her actions. Big Bank is very unpopular in the community because of a number of foreclosures. The trial against Beatrice results in a hung jury when the twelve jurors are hopelessly deadlocked, probably because of their dislike of Big Bank. Beatrice is thrilled and believes that she can forget about the whole mess although her cell mate tells her that she may not be out of the woods yet.
Refer to fact pattern 14-1. What crime had Beatrice committed?

A) Larceny
B) Embezzlement
C) Robbery
D) Both robbery and embezzlement

Question 45

A valid search warrant must _________.

A) be based on reasonable cause
B) describe in specific detail what is to be searched or seized
C) be supported by an informant
D) be issued at least 24 hours before the search

Question 46

In a criminal case,the accused is presumed innocent until proven guilty

A) by a preponderance of the evidence
B) by clear and convincing evidence
C) beyond a reasonable doubt
D) by a preponderance of the evidence for some offences and beyond a reasonable doubt for others.

Question 47

Fully discuss limitations on the protection against double jeopardy.

Question 48

In relation to the obligation to provide business records and papers for a criminal prosecution,discuss fully the Fifth Amendment protection for such business records and papers in regard to corporations and also in regard to any custodian of such records.

Question 49

The ________ prohibits the introduction of evidence offered as proof of guilt in a criminal trial that was illegally obtained in violation of the Fourth Amendment.

A) exclusionary rule
B) involuntary evidence bar
C) good faith exception
D) inevitable discovery exception

Question 50

Which of the following statements is not true regarding the warrant requirement of the Fourth Amendment?

A) Some stops and searches may be justified without a search warrant.
B) The Supreme Court has permitted a warrantless search of garbage cans placed at curbside for collection.
C) An arrest warrant is generally required for arrests in the suspect's own home.
D) A search warrant is required for the government to search an individual's bank records.

Question 51

Greg has too much to drink at a local bar. He yells out that Lynette,who was in the bar and had just turned him down for a date,is loose with her affections and has even been guilty of stealing money from the wallets of her dates. Those allegations are untrue. In fact,Lynette is a Sunday school teacher who does not drink and was only in the bar accepting donations for a local charity. Lynette promptly slaps him,and he pushes her away. Unfortunately for Greg,a police officer is present in the bar and arrests Greg. Based on the altercation,Greg pays a hefty fine and spends 24 hours in jail for violation of the jurisdiction's criminal battery statute. The next week,Greg receives a civil complaint filed by Lynette for defamation and a civil cause of action for battery. Greg says that he already paid for the offense and that he should not be prosecuted twice. What should Greg do?

A) Greg should file a motion to dismiss Lynette's suit which should be granted because of the bar against double jeopardy.
B) Greg should file a motion to dismiss Lynette's suit which should be granted because of the bar against double jeopardy, and he should also sue Lynette for malicious prosecution.
C) Since he can be held either civilly or criminally liable, but not both, Greg should consent to proceed with the civil action and move to have the criminal conviction set aside because the civil action will not look as bad on his record.
D) He should try to settle with Lynette because the criminal conviction is no defense to civil liability.

Question 52

_________ liability is the imposition of liability on one party for the wrongs of another.

A) Vicarious
B) Validity
C) Relator
D) Absolute

Question 53

Fact Pattern 14-1
Beatrice, a bank teller, was angry with her employer, Big Bank, because she did not get a raise. Each day she begins to keep for her own use small amounts out of funds deposited by customers at her station. Eventually, she is caught when customers begin to complain about discrepancies, and bank officials conduct surveillance of her actions. Big Bank is very unpopular in the community because of a number of foreclosures. The trial against Beatrice results in a hung jury when the twelve jurors are hopelessly deadlocked, probably because of their dislike of Big Bank. Beatrice is thrilled and believes that she can forget about the whole mess although her cell mate tells her that she may not be out of the woods yet.
Refer to fact pattern 14-1. Can Beatrice be tried again for the same crime?

A) No, because of the double jeopardy bar.
B) Only if at least five of the jurors voted in her favor to acquit her.
C) Only if at least six of the jurors voted in her favor to acquit her.
D) Yes.

Question 54

Benji,a truck driver,is told by his boss,Penny,to quickly deliver a load of steel and to get to the location within an hour regardless. Benji replied,"That's impossible - I'd have to go 90 miles per hour to do that." Penny said,"Well,you'd best get started." Not surprisingly,Benji was stopped by a highway patrol officer and fined for both speeding and reckless driving. When he went to court,Benji told the judge that he should be found innocent because he was only acting upon orders of his boss,Penny. Is Benji correct?

A) Yes.
B) No.
C) Yes, but only if he can establish that he had a written contract obligating him to follow Penny's orders.
D) Yes, but only if he has no previous record of speeding.

Question 55

Which of the following statements is not true regarding the Sixth Amendment right to have the assistance of counsel for criminal proceedings?

A) The accused has the right to use his or her own attorney.
B) Once in custody, the accused must be informed of the right to counsel.
C) The assistance of counsel must be effective.
D) There is no constitutional right to counsel on any appeal of a verdict.

Question 56

Set forth five of the nine factors used by the Department of Justice to decide whether to indict a corporation.

Question 57

Sherdon really wants to buy a new $40,000 boat,but lacks the funds with which to do so. He spends some amount of time thinking about robbing the local bank. He casually mentions to his wife,Pearl,that he has such thoughts. A few weeks later Pearl leaves Sherdon for the local mail carrier. Pearl and Sherdon get in a dispute regarding splitting up their property. In a fit of anger,Pearl calls law enforcement and informs on Sherdon for thinking about the bank robbery. The police arrest Sherdon. Which of the following is the most likely result assuming Pearl is believed by a judge and jury?

A) Sherdon should be released because he has committed no crime.
B) Sherdon should be found guilty of plotting to commit a felony.."
C) Sherdon should be found guilty of conspiracy.
D) Sherdon should be found guilty of the misdemeanor offense of "wrongful contemplation."

Question 58

The ______ makes it a crime for any U.S.firm or any firm controlled by a U.S.firm to make payments to an official of a foreign government in an attempt to influence the actions of the official.

A) Illegal Bribery Prohibition
B) Foreign Corrupt Practices Act
C) Extraterritorial Reach Prohibition
D) Foreign Bribery Act

Question 59

In a federal proceeding,which of the following is true regarding evidence that the prosecution must share with the defendant?

A) The prosecution must share evidence that the defendant requests.
B) The prosecution must share any exculpatory evidence regardless of whether the defendant requested it.
C) The prosecution must share evidence that the defendant requests, and the prosecution must also share any exculpatory evidence regardless of whether the defendant requested it.
D) The prosecution is not required to share any evidence with the defendant.

Question 60

Paul suspects that his girlfriend Jen,who does a significant amount of photography on a freelance basis from her home,is cheating on her income taxes. One day he and Jen have a big argument,and she tells him to get lost. The next weekend,while Jen is out with her new boyfriend,Paul uses his spare key to her house and goes in to her home office. He goes through the records she keeps of her receipts and checks,as well as copies of her income tax filings. Just as he suspected,Jen was taking significant cash payments without paying tax. He took the incriminating records to the Internal Revenue Service. Jen was later arrested for income tax evasion. She tells her lawyer that she wants to defend on the basis that Paul violated her Fourth Amendment rights by conducting an illegal search. Which of the following is true regarding her claim?

A) She is correct that her Fourth Amendment rights were violated by the search, and the evidence Paul obtained should be excluded from the trial.
B) She is correct that her Fourth Amendment rights were violated by the search, but the evidence Paul obtained should not be excluded from the trial.
C) She is correct that her Fourth Amendment rights were violated; but the evidence will be excluded from trial only if she can establish that she had requested that Paul return the key, and he had wrongfully refused to do so.
D) She is incorrect in asserting that her Fourth Amendment rights were violated by Paul's actions.

Question 61

Officer Sam obtained a search warrant to search Susie's apartment based upon a tip from Alice,an informant,to the effect that Susie was selling drugs. Alice had actually lied to Sam because she was angry with Susie for going out with Alice's boyfriend. Sam was suspicious of all the tenants in Susie's building and got a search warrant authorizing a search of the building for anything illegal. In Susie's apartment he found a small amount of marijuana that Susie used personally. Alice started feeling guilty and confessed that she had lied about the whole matter. Susie is being prosecuted. Does she have any defense based upon the warrant? Why or why not?

Question 62

Set forth what is prohibited by RICO and what must be shown to establish a violation of the Wire and Mail Fraud Acts.Reference in what manner the U.S.Supreme Court has construed the term "fraud" in relation to the Wire and Mail Fraud Acts.
To establish mail fraud or wire fraud,the prosecutor must demonstrate (1)a scheme intended to defraud or to obtain money or property by fraudulent means and (2)the use of the mails or of interstate telephone lines in furtherance of the fraudulent scheme. The term "fraud" has been broadly construed by the U.S.Supreme Court to include everything designed to defraud by representations as to the past or present,or suggestions and promises as to the future.