Deck 8: Criminal Law and Cyber Crimes

Question 1

In most crimes,it is the conduct,rather than the intent behind the conduct,that determines whether the defendant committed the crime.

Answer 1

False

Question 2

The evil intent necessary to commit a crime is known as "actus reus."

Answer 2

False

Question 3

A crime is defined as a violation of a statute for which the government imposes a punishment.

Answer 3

True

Question 4

If a robber threatens to physically harm a storekeeper unless he or she surrenders the money he or she has in the cash register,it is robbery.

Question 5

Felonies,but not misdemeanors,can be punished by imprisonment.

Question 6

A plea of "nolo contendere" means that the defendant admits guilt but no penalty can be imposed.

Question 7

Persons convicted of money laundering can be fined up to $500,000 or twice the value of the property involved in the crime.

Question 8

A lawsuit for any torts connected with a crime may be brought by the victim,but the lawsuit is separate from the criminal case.

Question 9

Under common law,the crime of burglary could occur only at night.

Question 10

A crime that imposes criminal liability without a finding of mens rea is referred to as a nonintent crime.

Question 11

If there is enough evidence to hold the accused for trial,a magistrate will issue a grand jury indictment.

Question 12

A person charged with a crime in the United States is presumed innocent until proven guilty.

Question 13

The burden of proof is on the individual to prove that,as an accused,he or she is guilty of the crime charged.

Question 14

An arrest warrant is not necessary if a person is fleeing from the scene of a crime.

Question 15

An arraignment is necessary before an indictment can be issued.

Question 16

An arrest warrant based on probable cause must first be obtained before a police officer can arrest an individual for the commission of a crime.

Question 17

The burden of proof in both civil and criminal cases is "beyond a reasonable doubt."

Question 18

After a criminal trial,only the defendant has the right to appeal the verdict.

Question 19

The person who initiates a criminal case is known as the plaintiff.

Question 20

Mens rea is the same as evil intent.

Question 21

Extortion of public officials is also known as extortion "under color of official right."

Question 22

Crimes such as illegal parking and jaywalking are normally categorized as:

A) violations
B) misdemeanors
C) felonies
D) none of the above

Question 23

Armed robbery carries no harsher penalty than robbery without a deadly weapon.

Question 24

At common law and in modern usage,arson is defined as the malicious or willful burning of the dwelling of another person.

Question 25

The wrongful and fraudulent taking of another's trade secrets or computer programs is not considered larceny.

Question 26

In proving the crime of receiving stolen property,knowledge and intent cannot be inferred from the circumstances.

Question 27

Signing another person's signature without the intent to defraud is still forgery.

Question 28

Under common law,arson is defined as intentionally burning one's own dwelling in order to collect insurance proceeds.

Question 29

Imprisonment is generally imposed to serve all of the following functions EXCEPT:

A) protecting society from the person imprisoned
B) providing a means to rehabilitate the criminal
C) allowing victims to have a formalized process to meet and confront the criminal
D) deterring others from engaging in criminal conduct

Question 30

A corporate director can be held individually liable for a crime the director committed on the behalf of a corporation,but cannot be held liable for crimes committed by his or her subordinates.

Question 31

A distinguishing characteristic of embezzlement is that the wrongdoer initially had proper custody or access to the property that was embezzled.

Question 32

Persons who unsuccessfully try to complete a crime can be convicted of a crime even if they are unsuccessful in carrying out the original crime.

Question 33

Search warrants are not required for searches of business premises for businesses in certain heavily regulated industries.

Question 34

What is a "penal code?"

A) the classification of a particular crime
B) a series of statutes that define precisely the conduct that is considered criminal
C) the list of sentences for particular crimes
D) the unwritten code of conduct among prison personnel
E) another term used to describe a crime's degree,such as first degree or second degree

Question 35

It is a crime for a United States citizen to bribe a foreign official even if the conduct takes place entirely outside of the United States.

Question 36

Which of the following is NOT true about the United States criminal law system?

A) Criminal defendants are presumed innocent until proven guilty.
B) The burden of proof in a criminal case is on the government.
C) A jury's vote to convict must be unanimous.
D) Once there has been an arraignment,most of a defendant's constitutional rights are no longer applicable.

Question 37

The distinction between grand theft and petit theft depends on the value of the property taken.

Question 38

For what offenses can imprisonment be imposed?

A) felonies only
B) felonies and misdemeanors
C) felonies and violations
D) misdemeanors and violations
E) felonies,misdemeanors and violations

Question 39

The Fifth Amendment privilege against self-incrimination applies only to natural persons and not to corporations and partnerships.

Question 40

The Racketeer Influenced and Corrupt Organizations Act has been applied to defendants who have no connections to organized crime.

Question 41

Which of the following is true?

A) Some states now group the crimes of robbery,burglary,and larceny as theft.
B) Some states now group the crimes of robbery,burglary,and theft as larceny.
C) Some states now group the crimes of burglary,theft,and larceny as robbery.
D) Some states now group the crimes of robbery,larceny,and theft as burglary.

Question 42

In a criminal proceeding,what is the difference between an indictment and an information?

A) The defendant is charged with a crime in an indictment,but not in an information.
B) Guilt or innocence is determined in an indictment,but not in an information.
C) A grand jury issues an indictment,but does not issue an information.
D) An indictment requires proof beyond a reasonable doubt,but an information does not.

Question 43

Once a criminal case has been brought against a defendant,a related civil case:

A) will automatically become part of the criminal case
B) can be incorporated into the criminal case,but only if the victim and the prosecutor agree
C) will always be filed,but as a separate action
D) can be filed by the victim,but in many cases no civil case is filed
E) can be filed,but only if there is a conviction in the criminal case

Question 44

In criminal law,what is an "information?"

A) the testimony of someone who has been given immunity as part of a plea bargain
B) the evidence presented by the prosecutor at trial
C) mitigating circumstances presented by a defendant at a sentencing hearing
D) a formal charge of a crime issued by a magistrate
E) summary of facts learned in the discovery process

Question 45

The two general elements required in order to prove guilt in a crime are:

A) criminal act and damages
B) criminal act and criminal intent
C) criminal act and at least one impartial witness
D) criminal act and resultant harm
E) criminal act and physical injury

Question 46

Which of the following is true about a hung jury in a criminal case?

A) Because it means that the jury did not find guilt beyond a reasonable doubt,it has the same result as if the jury had issued a verdict of not guilty.
B) It will automatically result in a new trial conducted before the same judge.
C) It will automatically result in a new trial,although it may be conducted before a different judge.
D) It will allow another trial of the defendant to be held,which the state might or might not choose to actually prosecute.

Question 47

In a criminal trial,the hearing where the defendant is formally notified of the charges and asked to enter a plea is the:

A) indictment
B) plea hearing
C) arraignment
D) information
E) booking

Question 48

Someone who takes personal property from someone's home after entering without authorization has committed:

A) extortion
B) burglary
C) embezzlement
D) robbery

Question 49

Which of the following is true about how plea bargaining usually works?

A) A defendant waives the right to a jury trial and the judge determines guilt or innocence.
B) A defendant who is serving a prison sentence for a crime the defendant was convicted of can get the sentence reduced for good behavior,community service,or similar reasons.
C) A defendant pleads guilty to the charged crime or to a lesser offense in exchange for receiving a lighter sentence than if the defendant were to be tried and found guilty of the original charges.
D) A defendant waives certain constitutional rights in exchange for a lighter sentence.

Question 50

To find someone guilty of receiving stolen property,it is sufficient to prove that the defendant:

A) was in possession of stolen property
B) intended to keep the property himself
C) paid for the property and intends to keep it himself
D) knowingly received the stolen property and intended to deprive the true owner of the property
E) took part in the wrongful taking of the property and intended to deprive the true owner of the property

Question 51

Which of the following correctly ranks the types of crimes from most serious to least serious?

A) violations,misdemeanors,felonies
B) violations,felonies,misdemeanors
C) misdemeanors,felonies,violations
D) felonies,violations,misdemeanors
E) felonies,misdemeanors,violations

Question 52

In a criminal trial,which of the following is true?

A) To be guilty,the defendant must have had a criminal intent at the time of the crime.
B) The accused is presumed guilty once an indictment has been issued.
C) The government must prove that the accused is guilty beyond all possible doubt.
D) At the trial,the grand jury listens to evidence to determine guilt or innocence.

Question 53

Which of the following steps of a criminal case are listed in the correct order?

A) arraignment,arrest,trial,indictment
B) arrest,indictment,arraignment,trial
C) indictment,arraignment,arrest,trial
D) arrest,arraignment,indictment,trial
E) arrest,indictment,trial,arraignment

Question 54

Which of the following is true about crimes?

A) Criminal liability exists only if there is a victim who suffered damages.
B) A criminal defendant will be found guilty whenever the jury believes it is more likely than not that the defendant committed the crime.
C) Torts always accompany crimes,although the civil case is often not brought.
D) Criminal law is based on the conduct or activities of the defendant,rather than on resultant harm.

Question 55

Probable cause is most directly associated with which step of the criminal process?

A) arrest
B) indictment
C) plea bargaining
D) arraignment
E) jury deliberations

Question 56

Which of the following would constitute the crime of embezzlement?

A) A self-serve gasoline customer drives away without paying for the gas.
B) The cashier at a grocery store takes money from his own cash register.
C) A receptionist who works in a bank lobby distracts a teller and takes money from the teller without the teller's knowledge.
D) A roofing contractor takes a lawn mower from a homeowner while doing a job for the homeowner.
E) An electrician working in a client's home takes $100 from the homeowner's desk drawer.

Question 57

Which of the following is true about money laundering?

A) The primary difficulty with money laundering activities is that money laundering is not itself illegal.
B) Although illegal,the penalties for money laundering are too small to be an effective deterrent.
C) Money laundering is a federal crime and can carry fines up to $500,000 or more,depending on the amount of money laundered.
D) One difficulty with prosecuting for money laundering is that lenient laws in some states allow those states to function as money laundering havens.

Question 58

Which is true about jury verdicts in criminal cases?

A) If the defendant is found guilty,the defendant may appeal.
B) If the defendant is found not guilty,the government may appeal.
C) If the jury cannot agree on guilt or innocence,it is a hung jury and the defendant goes free just as if found not guilty.
D) In the case of a tie jury vote,the judge casts a vote to break the tie.
E) Both A and B are true.

Question 59

If a defendant does not admit guilt,but is willing to accept the penalty for a crime,the defendant would most likely:

A) plea bargain with the grand jury
B) request the mandatory minimum sentence
C) enter a plea of "nolo contendere"
D) proceed directly to the appeal phase
E) immediately be placed on probation

Question 60

Identity fraud typically occurs when:

A) someone uses a fictitious name in place of her real name
B) someone steals a ticket with a name associated with it,such as an airline ticket,and uses it in place of the original owner
C) someone uses the name and other identifying information of another person to engage in fraudulent activity
D) someone operates under two or more different names,at least one of which is fictitious

Question 61

Mary was at a party given by friends of her boyfriend.It was summer and the guests spent most of the time outdoors.Mary fell in love with a crystal serving dish being used,and when no one was looking,slipped it into her purse.She took the dish home and placed in her kitchen cabinet.Under the definitions under common law,what crimes has Mary committed?

A) burglary and larceny
B) robbery and burglary
C) larceny and receiving stolen property
D) larceny
E) larceny and robbery

Question 62

To prove a pattern of racketeering under RICO,at least ________ predicate act(s)must be committed by a defendant within a 10-year period.

A) one
B) two
C) three
D) five

Question 63

Roger intentionally set his residence on fire in order to collect insurance proceeds.While the fire was being fought,the police arrived to help with the crowds of onlookers.Roger realized he had done something wrong and went to one of the police officers and told the officer that he had started the fire intentionally.The police officer did not give Roger the Miranda warnings.What is the most likely outcome if Roger tries to have the confession excluded from evidence at trial?

A) Because the Miranda warnings were not given,the confession must be excluded.
B) Because Roger was not in custody,was not a suspect,and was not being questioned about the fire,the Miranda warnings did not need to be given and the confession may be admitted as evidence.
C) Because the police did not have an arrest warrant,the confession cannot be admitted because the Miranda warnings were not given.
D) Because the Fifth Amendment requires exclusion of any incriminating evidence,the confession cannot be used.

Question 64

Dean and Mary agree to sell fake stock to investors and disappear into the mountains with the proceeds.They print the stock and send offers to persons through the mail and make offers in person,but are unable to sell any of the fake stock.Dean and Mary are afraid they will get caught and go stay with Mary's friend Kathleen in another state.Kathleen gives Dean and Mary her car to escape,but the car breaks down a few blocks from Kathleen's house.Mary and Dean are picked up by the police as they try to get Kathleen's car running.Which of the following is true?

A) Dean and Mary have committed no crime because no one purchased the fake stock.
B) Dean and Mary became guilty of conspiracy when they agreed to sell the fake stock.
C) Kathleen did not commit a crime because her unreliable car did not help Dean and Mary escape.
D) Dean and Mary have committed conspiracy and at least one other crime.

Question 65

A Rocky Mountain state has extensive safety regulations covering the design,operation,and maintenance of ski lifts.One day a state inspector arrives at the Powdermania Ski Resort to inspect the lifts.The inspector does not have a search warrant and does not expect to find any violations,but finds several criminal violations.Which best describes this situation?

A) This was an illegal search made without a warrant and without probable cause.
B) The constitutional protection would not apply in this case because it was an inspector,rather than a police officer who conducted the inspection.
C) Assuming that Powdermania Ski Resort is a corporation,it does not receive any Fourth Amendment protections due to its status as a corporation.
D) Assuming the inspection was conducted in accordance with state law,a search warrant was not needed because the lift operation aspect of the business is highly regulated.

Question 66

The Sixth Amendment right to a public jury trial includes the following rights EXCEPT:

A) the right to be tried in the same state or district where the alleged crime was committed
B) the right to a speedy trial
C) the right to have the assistance of a lawyer
D) the right to know the identity of the jurors deciding the case
E) the right to confront the witnesses testifying against the defendant

Question 67

A legitimate business that shows fake expenditures and receipts may be charged with which of the following?

A) false advertising
B) violating zoning laws
C) money laundering
D) bribery
E) None of these are correct.

Question 68

Which of the following statements is true?

A) The Fifth Amendment guarantee against self-incrimination does not prohibit the taking of fingerprints against a suspect's will.
B) The guarantee has been extended to include all business records and documents.
C) Even if immunity from prosecution has been granted,the defendant may still refuse to testify.
D) The attorney-client privilege is the only privilege that has been recognized under the Fifth Amendment.

Question 69

Jan saw an item at a local department store that she considered purchasing but did not.After getting home,she changed her mind.Her roommate was going to the same store,so Jan asked the roommate to pick up the item for her.Jan gave her credit card to the roommate and said,"Just sign my name; you know they never check the signature." The roommate purchased the item with Jan's credit card and signed Jan's name.Has the roommate committed forgery?

A) Yes,because the roommate misrepresented herself as Jan.
B) Yes,because forgery occurs whenever one person signs the name of another.
C) No,because the store did not realize that the roommate was not Jan.
D) No,because the roommate did not intend to defraud either Jan or the store.
E) No,because Jan is always liable for charges on her credit card.

Question 70

Under The Racketeer Influenced and Corrupt Organizations Act,which of the following is true?

A) Racketeering activity is narrowly defined to include only offenses commonly engaged in by organized crime such as money laundering.
B) To constitute a pattern under the statute,the conduct must be engaged in at least once a year for 5 consecutive years.
C) Only corporations and individuals are subject to its provisions.
D) As few as two acts in a 10-year period can amount to a pattern under the statute.
E) Only organized crime organizations and their members can be convicted under the statute.

Question 71

What is RICO?

A) Rural Income Corporate Organization Act
B) Rural Inchoate and Corrupt Organization Act
C) Racketeer Influenced and Corrupt Organization Act
D) Racketeer Information and Corporate Organization Act

Question 72

Because of the prohibition against double jeopardy:

A) criminal defendants are never tried twice on the same charge
B) all criminal defendants are entitled to an attorney
C) the prosecution cannot appeal when a verdict of "not guilty" is rendered
D) persons are allowed one phone call when arrested
E) a jury's verdict in a criminal case is final and cannot be appealed

Question 73

Mr.and Mrs.Jones are sleeping in bed at night when they hear a strange noise from the kitchen.Mr.Jones goes into the kitchen and sees that an intruder with a gun has broken through a window.The intruder panics and flees when he sees Mr.Jones.The intruder is captured nearby in the neighborhood.For what crime will the intruder most likely be prosecuted?

A) aggravated burglary
B) burglary
C) robbery
D) larceny

Question 74

Kim robbed a bank.Kim used a gun and attempted to murder the teller because the teller screamed upon seeing Kim's gun.The teller was injured.Bank robbery is a federal offense,and attempted murder is a state law offense.A trial is held on the state law charge of attempted murder and results in a hung jury.This is the only lawsuit Kim has faced up to this point arising from this incident.What is the complete list of legal actions that could be brought against Kim at this point arising from the bank robbery?

A) state criminal case and federal criminal case
B) state criminal case,federal criminal case,and a civil case by the teller for damages
C) federal criminal case and a civil case by the teller for damages
D) either a state or federal criminal case,but not both,and a civil case by the teller

Question 75

Which is true about corporate criminal liability?

A) Corporations have always been just as subject to criminal liability as individuals.
B) Because corporations cannot be sent to prison,they generally cannot be held criminally liable for the actions of their officers.
C) If the criminal conduct can be traced to a specific person or persons,those persons will be liable and not the corporation.
D) There can be liability for both the individuals who commit crimes and the corporation on whose behalf the crimes were committed.

Question 76

All of the following privileges have been recognized under the Fifth Amendment EXCEPT:

A) psychologist/psychiatrist-patient
B) minister-penitent
C) accountant-client
D) parent-child
E) spouse-spouse

Question 77

Frank is walking down a busy city street when he suddenly discovers that his wallet is missing.A suspect is quickly apprehended,and Frank's wallet is discovered upon his person.What charge will most likely be brought against the suspect?

A) aggravated robbery
B) robbery
C) larceny
D) burglary

Question 78

What does the Fourth Amendment do?

A) It protects the rights of the people from unreasonable search and seizure by the government.
B) It requires the police to obtain a search warrant in all search and seizure cases.
C) It prohibits warrantless searches in connection with an arrest.
D) It guarantees the defendant the right to an attorney.

Question 79

The Miranda decision requires that a criminal suspect be notified of the following EXCEPT:

A) the right to a trial by jury
B) the right to have a lawyer present during interrogation
C) the fact that anything the suspect says may be used against the suspect
D) the right of the suspect to remain silent
E) the right to have an attorney appointed if the suspect cannot afford one

Question 80

Which of the following is true about the crime of bribery?

A) Only the person who receives the bribe can be convicted.
B) Only the person who gives a bribe and is successful at having it accepted can be convicted.
C) Only the person who offers the bribe can be convicted,but that person is guilty whether or not the bribe is accepted.
D) A party who actually accepts a bribe can be convicted,as well as the person offering the bribe,whether or not it is accepted.
E) A party who even considers accepting a bribe can be convicted,as well as the person offering the bribe,whether or not it is accepted.