Deck 7: Crime

Question 1

The police have a right to search any area in which the defendant does not have a reasonable expectation of privacy.Which of the following,however,requires the police to obtain a search warrant?

A)using a cotton swab to take a DNA sample of a person under arrest
B)looking at photos on a digital camera that was found while searching an arrested suspect
C)listening in on a telephone conversation or searching the digital contents of a cellphone
D)finding out what websites you have visited on your computer

Answer 1

C

Question 2

Under the laws of most states,a corporation cannot be held responsible for committing crimes.

Answer 2

False

Question 3

Which of the following statements is correct?

A)Violent street crime 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 violent street crime.
C)Studies are not able to calculate the estimated value of white-collar crime since most white-collar crime is never publicly disclosed.
D)Studies are not able to accurately calculate the estimated value of either violent street crime or white-collar crime.

Answer 3

B

Question 4

Every criminal defendant has a right to a jury trial.

Question 5

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

Question 6

Internet auctions are the number one source of consumer complaints about online fraud.

Question 7

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 8

Criminal defendants have the right to a lawyer at all the important stages of the criminal process.

Question 9

Although RICO was passed to prevent gangsters from taking money they earned illegally and investing it in legitimate businesses,it is now often used against businessmen who break the law.

Question 10

Miranda v.Arizona considered the intent requirement in an armed robbery case.

Question 11

In order for the government to obtain a criminal conviction,it must prove its case beyond a reasonable doubt.

Question 12

Roger assaulted Jim in a tavern,causing medical expenses and lost wages.Which of the following is true?

A)Roger can be prosecuted by the state for a criminal offense and Jim may sue him for money damages.
B)If Roger is convicted of criminal assault, Jim is not allowed to sue him for money damages since that would violate the double jeopardy clause of the Constitution.
C)If Jim refuses to press charges against Roger, the state cannot initiate a criminal proceeding against him.
D)Jim can either elect to sue for money damages or proceed with criminal charges.

Question 13

In general,police do not need a warrant to find out what websites you have visited.

Question 14

A crime is a violation of statutory law.

Question 15

Entrapment can be a valid defense to a criminal act.

Question 16

Taking a personal property without paying for it is a common type of larceny.

Question 17

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

Question 18

The Federal sentencing guidelines are just guidelines.Judges do not have to follow them.

Question 19

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

Question 20

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

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

Question 21

An email scam that involves personalized messages sent from someone the victim knows is called

A)larceny.
B)shilling.
C)hacking.
D)spear phishing.

Question 22

Miguel reprogrammed a cellular telephone so that it intercepted electronic funds transfers and rerouted them to Miguel's bank account.What crime has he committed?

A)Insurance fraud
B)Wire fraud
C)Mail fraud
D)Embezzlement

Question 23

The Miranda warning insures that the criminal suspects understand their constitutional rights relatingto

A)search and seizure.
B)self incrimination.
C)double jeopardy.
D)having a jury trial.

Question 24

The primary purpose of RICO was

A)to be a tool against organized crime.
B)to raise revenue.
C)to prosecute non-citizens.
D)to prosecute those engaged in tax fraud.

Question 25

Which of the following is NOT a component of money laundering?

A)taking the proceeds from a criminal act
B)attempting to conceal the source of the money
C)using the money to commit crimes
D)investing profits back into the company

Question 26

If Sara makes an interstate phone call to sell land that she does not own,Sara is guilty of

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

Question 27

Which of the following does NOT violate the Foreign Corrupt Practices Act?

A)a U.S.company bribes a government official in order to influence a governmental decision.
B)A publicly traded company that does not engage in international trade refuses to allow its company records to be inspected by U.S. officials.
C)A U.S. company promises to pay a bribe to a foreign company, but is unsuccessful in gaining any benefits from that company.
D)A company allows a grease or facilitating payment for a routine governmental action.

Question 28

The burden of proof required in a criminal case is

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

Question 29

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.Which statement is correct?

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

Question 30

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

A)arson since he maliciously used fire to damage or destroy personal property.
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 31

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 programis

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 32

When the government induces the defendant to break the law it is known as

A)entrapment.
B)racketeering.
C)an exclusionary rule.
D)a good faith exception.

Question 33

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

A)$30 million
B)$300 million
C)$3 billion
D)$30 billion

Question 34

Dan has a site on eBay where he sells various items.In order to get the most money for the items he sells,Dan often bids on his own goods in order to drive up the price.Dan is guilty of

A)phishing.
B)hacking.
C)shilling.
D)nothing; this is an acceptable practice.

Question 35

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 36

The criminal penalties under RICO include all of the following EXCEPT

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

Question 37

The fraudulent conversion of property which is already in the defendant's possession is

A)money laundering.
B)exclusion.
C)embezzlement.
D)trespassory taking.

Question 38

Which of the following makes it illegal for U.S.companies and citizens to bribe foreign officials to influence a governmental decision?

A)OSHA
B)RICO
C)CFAA
D)FCPA

Question 39

When does a criminal defendant have the right to a trial by jury?

A)in all cases regardless of the circumstances
B)only for cases requiring the defendant to pay restitution
C)only when a bench trial is not available
D)when faced with a charge that could result in a sentence of six months or longer

Question 40

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 finding both Sarah and the corporation guilty violates the Double Jeopardy Clause of the Constitution.
B)acted properly if this were a federal proceeding; however, it did not act properly if this were a state proceeding.
C)acted properly in finding Sarah guilty; however it erred in finding the corporation guilty because of the exclusionary rule.
D)acted properly in this case.

Question 41

Mary was suspicious of her neighbor,whom she thought was involved in selling illegal drugs.One day Mary arrived at her apartment and saw a large paper sack tied up 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.

Question 42

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

Question 43

Compare and contrast money laundering and embezzlement.Give an example of each.

Question 44

What is the exclusionary rule and what are the three exceptions to the rule??

Question 45

Explain the difference between civil law and criminal law.