Deck 6: Crime

Question 1

Which of the following is considered a felony?

A)public drunkenness
B)driving without a license
C)embezzlement
D)None of these are correct.

Answer 1

C

Question 2

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

Answer 2

False

Question 3

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

Answer 3

True

Question 4

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

Question 5

Entrapment can be a valid defense to a criminal act.

Question 6

A misdemeanor is distinguished from a felony based on

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

Question 7

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

Question 8

Every criminal defendant has a right to a jury trial.

Question 9

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

Question 10

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)searching online chat messages or reading Twitter posts
C)searching the digital contents of a cellphone or personal computer
D)finding out what websites you have visited on your computer

Question 11

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 businesspeople who break the law.

Question 12

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

Question 13

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

Question 14

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

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

Question 15

The police arrived at Otis's apartment one evening and demanded to look around "just to make sure nothing was happening." They had no warrant and had received no complaints about him. Which statement best describes this situation?

A)The police probably should not have bothered Otis, but they really did nothing wrong.
B)The police violated Otis's Fourth Amendment rights.
C)The police were in the right; they must have suspected Otis had committed a crime.
D)The police violated Otis's Sixth Amendment rights.

Question 16

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 because 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 17

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

Question 18

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

Question 19

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

Question 20

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

Question 21

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 22

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 23

Connor sells a baseball on eBay that he claims is signed by Babe Ruth. In fact, Connor has forged the signature on the baseball. Connor is guilty of

A)internet fraud.
B)identity theft.
C)mail fraud.
D)embezzlement.

Question 24

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

Question 25

Racketeering mainly involves what type of criminal acts?

A)espionage and privacy violations
B)dishonest and fraudulent business dealings
C)misdemeanors such as shoplifting
D)personal crimes such as assault and battery

Question 26

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 27

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 28

Miguel reprogrammed a smartphone so that it intercepted electronic funds transfers and rerouted them to his bank account. What crime has he committed?

A)insurance fraud
B)wire fraud
C)mail fraud
D)embezzlement

Question 29

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 30

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 31

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)having a jury trial.

Question 32

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 because 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 33

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

Question 34

Explain the difference between civil law and criminal law.

Question 35

Sam threatened to harm Alecia's daughter if she did not agree to help him rob a convenience store. It is likely that a jury would find Alecia not guilty of a crime in this case because

A)of the exclusionary rule.
B)she was acting under duress.
C)of the prohibition against double jeopardy.
D)entrapment has occurred.

Question 36

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 fails to keep accurate company records.
C)A company pays an inspector to ignore the fact that the company does not have a valid permit.
D)A company allows a facilitating payment for a routine governmental action.

Question 37

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 38

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.