Deck 7: Crime

Question 1

Under the Fifth Amendment,criminal defendants have the right to a lawyer at all the important stages of the criminal process.

Answer 1

False

Question 2

German philosopher Immanuel Kant believed there was only one valid reason to punish,which was retribution.

Answer 2

True

Question 3

A crime is a violation of statutory law.

Answer 3

True

Question 4

The burden of proof required in a criminal case is:

A) clear and convincing.
B) a preponderance.
C) beyond a reasonable doubt.
D) highest degree of honesty.

Question 5

The Sixth Amendment declares that a person cannot be tried twice for the same criminal offense.

Question 6

Under the laws of most states,a corporation cannot be held criminally responsible.

Question 7

When a judge orders a criminal defendant to reimburse the victim,it is called:

A) retribution.
B) restitution.
C) restraint.
D) reformation.

Question 8

Which of the following is not a reason for punishing a guilty criminal?

A) Restraint.
B) Specific or general deterrence.
C) Retribution.
D) The M'Naghten Rule.
E) Rehabilitation.

Question 9

A misdemeanor is distinguished from a felony based upon:

A) the rules of evidence.
B) the length and place of possible imprisonment.
C) the burden of proof.
D) the type of intent.

Question 10

Entrapment can be a defense to a criminal act.

Question 11

Every criminal defendant has a right to a jury trial.

Question 12

Robin sneaks onto a train without paying the fare.Matt picks up a magazine,slips it under his jacket,and leaves the store without paying.Robin and Matt have both committed larceny.

Question 13

Which of the following statements is correct?

A) Street crime (muggings, homicide, etc. ) results in a greater monetary loss to society than white-collar crime.
B) White-collar crime results in a greater monetary loss to society than street crime.
C) Studies are not able to calculate the estimated value of white-collar crime since most is never publicly disclosed.
D) Studies are not able to accurately calculate the estimated value of either street crime or white-collar crime.

Question 14

General deterrence is intended to teach a specific defendant not to repeat criminal conduct.

Question 15

The parties to a criminal trial are the government and the defendant.

Question 16

In order for the government to obtain a criminal conviction,it must prove its case by clear and convincing evidence.

Question 17

The Patriot Act was designed to give law enforcement officials greater power to investigate and prevent potential terrorist assaults.

Question 18

When measured in dollars,street crime costs society more than twice as much as white-collar crime.

Question 19

Actus reus means the "guilty act."

Question 20

Bieber v.People considered the intent requirement in an armed robbery case.

Question 21

Mens rea:

A) must be proven by the defendant in a criminal case.
B) is easier to prove than actus reus.
C) may vary depending upon the crime.
D) for most crimes requires a specific intent.

Question 22

Sid burned his own warehouse in order to collect on a fire insurance policy.Sid has committed:

A) arson.
B) larceny since he committed an act intended to wrongfully obtain money from his insurance company.
C) a crime called "burning to defraud insurers" since the crime of arson only applies to property owned by another person.
D) an intentional tort, but not a crime since a person has a right to destroy his own property.

Question 23

Approximately how much merchandise is stolen from United States retail stores every day?

A) $1 million
B) $5 million
C) $2 million
D) $25 million

Question 24

Diane,a police officer,stops Tim's car for a traffic offense.While talking to Tim,she shines a flashlight into the passenger compartment of Tim's car and sees evidence of drug paraphernalia.Diane may:

A) search the passenger compartment of the car and any other place in the car, including the trunk, without Tim's consent.
B) search the passenger compartment of the car without Tim's consent; however, she may not search the trunk of the car without his consent or without a search warrant.
C) not search the passenger compartment of the car (nor any other place) without Tim's consent or a search warrant. However, she can require Tim to remain parked until the search warrant is brought to her.
D) write Tim a traffic citation but cannot search the vehicle under these circumstances.

Question 25

The Miranda warning insures that the criminal suspects understand their constitutional rights relating to:

A) search and seizure.
B) self-incrimination.
C) double jeopardy.
D) res judicata.

Question 26

Eric was charged with attempted murder.His defense was that he was insane at the time of the act.A jury accepted Eric's defense.Eric will:

A) probably be committed to a mental hospital and when that hospital determines he is no longer a danger to society, he will be released.
B) be declared guilty, but will have to serve his sentence in a mental hospital rather than in prison.
C) have to be committed to a mental hospital until he regains his sanity, at which time he will be retried.
D) be sent to prison once he is released from the mental ward.

Question 27

Barden Corporation was convicted of violating RICO.Accordingly:

A) the government may file criminal charges against both the company and the individuals associated with the criminal acts.
B) the government may file a civil lawsuit against the company to obtain injunctions and other relief.
C) individuals may file civil lawsuits against the company for violating the RICO statute to recover losses sustained by the criminal act.
D) All the above are correct.

Question 28

Important steps in the criminal process,in the proper order,include:

A) probable cause hearing, search, arrest, indictment, arraignment, plea bargain, and trial.
B) arraignment, booking, bail hearing, trial, and grand jury indictment.
C) arrest, probable cause hearing, motion to suppress, booking, and trial.
D) indictment, arrest, probable cause hearing, plea bargain, arraignment, trial, and appeal.

Question 29

Illegally obtained evidence is not permitted to be used at a criminal trial based upon the:

A) silver plate doctrine.
B) exclusionary rule
C) fair play doctrine.
D) Eighth Amendment.

Question 30

Sara sent letters to 1,000 people offering to send them information that would guarantee them a profit in the stock market if they sent her $99.95.If they sent her the money,the brief,generally known information she sent them was: "Buy stocks when their prices are low,and sell when the prices are high." Sara is guilty of:

A) mail fraud.
B) larceny.
C) embezzlement.
D) nothing. She merely thought of and executed a clever way to make money.

Question 31

Miguel reprogrammed a cellular telephone so that the calls were improperly charged to another account.He has violated which statute?

A) The federal Wire and Electronic Communications Act.
B) The federal Access Device Fraud Act.
C) The federal Identity Theft and Assumption Deterrence Act.
D) Only a state statute, the Telephone Fraud Act, since there is no federal legislation related to this problem.

Question 32

A group of ordinary citizens,chosen for the task,is holding hearings for several weeks at a time on many different cases.This group's job is to determine whether there is probable cause that the defendants committed the crimes with which they are charged.This group is called a ____________,and if their deliberations result in charging the defendants with crimes,the formal charges are known as _____________.

A) trial jury; arrest warrants.
B) trial jury; indictments.
C) grand jury; indictments.
D) grand jury; arraignments.

Question 33

Mulcare Corp.started a compliance program to prevent and detect criminal conduct within the company and had specific,high-level officers in charge of overseeing the program.The company effectively communicated the program to its employees and monitored those employees who were in a position to cheat.It promptly disciplined anyone who broke the law.One effect of having this program is:

A) federal investigators would no longer investigate the company since Mulcare could take care of any problems internally.
B) federal investigators might be convinced to limit any prosecution to those directly involved rather than attempting to get a conviction against high-ranking officers or against the company itself.
C) the Federal Sentencing Guidelines no longer apply.
D) any cases would be prosecuted in state, rather than federal, court.

Question 34

Identity theft:

A) has been greatly deterred in recent years, due largely to the passage of the federal Identity Theft and Assumption Deterrence Act.
B) may involve "skimming," which means using an electronic device to record your personal information when you are using a credit card for a proper purpose.
C) may enable thieves to open new bank accounts and credit cards which would be used to drain the victim's bank accounts.
D) All of the above.
E) Both (b) and (c).

Question 35

Sarah,an employee of Amex Corporation,committed a serious criminal act in an attempt to obtain a large sales order for her employer.A court found her guilty of the felony and also found the corporation guilty of criminal conduct.The company was fined $1 million.The court:

A) erred in fining the company since that violates the Double Jeopardy Clause of the Constitution because Sarah was also found guilty of committing the crime.
B) acted properly if this were a federal proceeding; however, it did not act properly if this were a state proceeding.
C) acted properly if this were a state proceeding but not if this were a federal case.
D) acted properly in this case.

Question 36

In order to be valid,a search warrant must:

A) be obtained from a neutral official.
B) specify with absolute certainty the place to be searched and the items to be seized.
C) be issued only if it is likely that evidence of crime will be found in the place to be searched.
D) All of the above.
E) Both (a) and (c).

Question 37

Tina is an undercover police officer.One evening she is posing as a prostitute in a bar.Larry,a salesman who is attending an out-of-state convention,begins talking with Tina.After about ten minutes,Tina suggests going to her room for a good time but points out he will need to "donate" $100 to her.Arriving at Tina's hotel room,Larry asks if she is a policewoman.Tina lies and says she is not.When Larry gives her $100,Tina shows him her identification and arrests him.Larry appears to have been:

A) the victim of entrapment since Tina lied about being a police officer.
B) the victim of entrapment since Tina was the one who suggested the activity that resulted in Larry's arrest.
C) Both of the above are correct.
D) Neither of the above.

Question 38

The intent required to commit a burglary would be:

A) reputational intent.
B) reckless conduct.
C) strict liability.
D) specific intent.

Question 39

The criminal penalties under RICO include all EXCEPT:

A) imprisonment.
B) capital punishment.
C) confiscation of property acquired through the criminal activity.
D) fines.

Question 40

The Occupational Safety and Health Act:

A) is an important 1970 federal statute regulating the workplace by setting safety standards for many industries.
B) preempts any state legislation regulating workplace safety.
C) provides criminal liability for coworkers who bring weapons into the workplace.
D) was enacted primarily to keep employees safe from organized criminals.

Question 41

Mary was suspicious that her neighbor might be involved in selling illegal drugs.One day Mary arrived at her apartment and saw a large paper sack tied with string in front of her neighbor's door.She took the bundle into her apartment,opened it,and discovered it was full of cocaine.She called the police,and the neighbor was arrested.The neighbor's lawyer claimed the evidence had been illegally obtained since no probable cause existed to justify opening up the paper bundle.Discuss the lawyer's argument.

Question 42

Briefly explain the exclusionary rule and two important exceptions to it.

Question 43

Discuss the problem of identity theft,including how thieves get personal information,what they do with this information,and how a victim should respond.

Question 44

Dan was arrested and taken to an interrogation room for questioning.After signing a statement waiving his Miranda rights,he agreed to ans questions without a lawyer.After about ten minutes,he told the officers he changed his mind and wanted to talk to a lawyer before ansing any more questions.The officers left the room and then came back in.They told Dan that his partner was confessing to the crime and that,"If your partner confesses first and makes a deal,you're the one who's going to go down for this." Dan looked at them without saying anything.After a minute,the officer began questioning Dan again and he confessed to the crime after about an hour.Is this confession admissible?

Question 45

List and discuss the protections afforded criminal defendants by the Bill of Rights.