Deck 14: Crucial Issues in Criminal Justice

Question 1

The theft of personal information is known as: ​

A)cyber theft.
B)cyberstalking.
C)cyber fraud.
D)identity theft.

Answer 1

D

Question 2

A software program that is capable of reproducing itself as it spreads from one computer tothe next is a(n): ​

A)virus.
B)botnet.
C)worm.
D)spam.

Answer 2

C

Question 3

The            Amendment tothe U.S. Constitution states, "A well-regulated Militia, being necessary tothe security of a free State, the right of the people tokeep and bear Arms, shall not be infringed." ​

A)Second
B)Fourth
C)Fifth
D)Sixth

Answer 3

A

Question 4

Which of the following is NoT a characteristic of a white-collar criminal? ​

A)Has legal access tothe place where the crime occurs
B)Uses physical means toget somewhere he or she should not be
C)Is spatially separated from the victim
D)Behaves in a manner that is legitimate

Question 5

The U.S. Supreme Court case ____________________ was crucial for differentiating "mere speech," which is protected by the First Amendment of the U.S. Constitution, from a true threat, which is not, concerned the racially charged issue of cross burning. ​

A)Bell v. West Virginia (1999)
B)Smith v. Maryland (1979)
C)Virginia v. Black (2003)
D)Tennessee v. Andrews (2002)

Question 6

A ________________ threat is an act of speech or expression that is not protected by the First Amendment because it is done with the intention placing a specific victim or group of victims in fear of unlawful violence. ​

A)hidden ​
B)real
C)true
D)ancillary

Question 7

Any criminal activity occurring via a computer in the virtual community of the Internet is a: ​

A)cyber crime.
B)organized crime.
C)property crime.
D)electronic crime.

Question 8

What is alsoknown as "influence peddling" and occurs in the business world when somebody within a company sells influence, power, or information toa person outside the company whocan benefit? ​

A)Bribery
B)Embezzlement
C)Consumer fraud
D)Tax evasion

Question 9

Which of the following is NoT one of the designations of being "mentally defective" ? ​

A)Is a danger of herself or himself toothers
B)Lacks the mental capacity tomanage his or her own affairs
C)Has been found insane or incompetent tostand trial by a criminal or military court
D)Has a history of hurting animals

Question 10

What is the preferred method of phishing? ​

A)Hacking ​
B)spam
C)Worms
D)Viruses

Question 11

With the advent of the Internet, child pornography has become much easier todisseminate for three specific reasons. Which of the following is NoT one of these reasons. ​

A)Anonymity ​
B)Speed
C)Accuracy
D)Security

Question 12

Which of the following is an example of intellectual property? ​

A)Books
B)Films
C)Music
D)All of these

Question 13

_______________ refers tolegal notices that compel the disclosure of customer records held by banks, telephone companies, Internet service providers, and other companies tothe agents of the federal government. ​

A)Surveillance decrees
B)Foreign intelligence affidavits
C)Federal court orders
D)National security letters

Question 14

The primary purpose of the AEDPA is tofight terrorism by: ​

A)easing the Fourth Amendment requirements of search and seizure toallow federal law enforcement agents quicker access toterror suspects.
B)creating harsher penalties for those convicted of terrorist acts.
C)cutting off the financial support funneled toterrorist organizations.
D)establishing the Department of Homeland Security.

Question 15

Section 702 of the FISA Amendment Act permits eavesdropping (not merely metadata collection)without a warrant of foreign persons toobtain information related toall of the following items, except: ​

A)military operations of other NAToallies.
B)the conduct of the foreign affairs of the United States.
C)national security, such as details of an "actual or potential attack" or "other grave hostile acts by a foreign power or agent of a foreign power.
D)foreign "intelligence activities.

Question 16

Which federal law gives federal law enforcement officers the power toarrest and prosecute any individual  whoprovides "material support or resources" toa "terrorist organization"? ​

A)Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA)
B)Foreign Intelligence Surveillance Act
C)The Liberty Seven Act
D)US Patriot Act

Question 17

Until the 1970s, policies regarding surveillance, or the governmental monitoring of individuals or groups that posed national security threats tothe United States, were primarily the domain of the______________ ​

A)executive branch.
B)judicial branch.
C)military.
D)legislative branch.

Question 18

When the perpetrator uses the Internet or some form of electronic communication toharass and stalk the victim, this is known as:

A)phishing.
B)intellectual property theft.
C)cyberbullying.
D)cyberstalking.

Question 19

Which federal law passed in the wake of the September 11, 2001, terrorist attacks has greatly expanded the ability of government agents tomonitor and apprehend suspected terrorists? ​

A)Terrorism Control Act ​
B)Foreign Intelligence Surveillance Act
C)U.S. Patriot Act
D)Antiterrorism and Effective Death Penalty Act

Question 20

The Antiterrorism and Effective Death Penalty Act was passed in response to: ​

A)September 11, 2001.
B)the oklahoma City Bombing.
C)Pearl Harbor.
D)the anthrax mailings toCongressmen in 2002.

Question 21

Foreign citizens donot enjoy the same protections under the Fourth Amendment as U.S. citizens.

Question 22

As a rule, individuals whointend tooffer material support toterrorist organizations donot enjoy First Amendment protections.

Question 23

The Antiterrorism and Effective Death Penalty Act (AEDPA)was passed in response tothe 1995 truck bombing of the Alfred P. Murrah Federal Building in oklahoma City, oklahoma.

Question 24

The critics of metadata counterterrorism programs continue topoint out that while such tactics may contribute toa small number of homeland security investigations, there is noevidence that they have disrupted any major terrorist organizations or operations

Question 25

The computer is the instrument of a crime such as when the computer itself is stolen. ​

Question 26

The Third Amendment tothe U.S. Constitution states, "A well regulated Militia, being necessary tothe security of a free State, the right of the people tokeep and bear Arms, shall not be infringed."

Question 27

Case 14-1 Bobby was born and raised in the United States. At the age of sixteen he converted from Christianity tobecome a Muslim. At first his parents were not concerned as they wanted him topractice the religion of his choice. After Bobby returned home from a trip tothe Middle East, his parents became very concerned about his extreme religious
Beliefs. Bobby's parents went through his belongings, including his computer, when he was meeting with his religious
Advisors one evening. They became alarmed because they found bomb-making training manuals and communications with people in the Middle East whoappeared tobe terrorists.
What law gives law enforcement officers the power toarrest and prosecute Bobby if it is determined that he has provided support toa foreign terrorist organization? ​

A)Antiterrorism and Effective Death Penalty Act
B)Foreign Intelligence Surveillance Act
C)Homeland Security Act
D)Patriot Act

Question 28

Identity theft existed prior tothe Internet.

Question 29

Being an Islamic State advocate is now a violation of federal law, in particular, the Patriot Act.

Question 30

Until the 1970s, policies regarding surveillance, or the governmental monitoring of individuals or groups that posed national security threats tothe United States, were primarily the domain of the U.S. military.

Question 31

Case 14-1 Bobby was born and raised in the United States. At the age of sixteen he converted from Christianity tobecome a Muslim. At first his parents were not concerned as they wanted him topractice the religion of his choice. After Bobby returned home from a trip tothe Middle East, his parents became very concerned about his extreme religious
Beliefs. Bobby's parents went through his belongings, including his computer, when he was meeting with his religious
Advisors one evening. They became alarmed because they found bomb-making training manuals and communications with people in the Middle East whoappeared tobe terrorists.
What law allows the government tomonitor and possibly apprehend Bobby if he is determined tobe a suspected terrorist? ​

A)Antiterrorism and Effective Death Penalty Act ​
B)Foreign Intelligence Surveillance Act
C)Homeland Security Act
D)Patriot Act

Question 32

The ________ has become the lead agency when it comes towhite-collar crime investigation, particularly in response torecent financial scandals. ​

A)Federal Bureau of Investigation
B)Central Intelligence Agency
C)Homeland Security
D)office of Inspector General

Question 33

__________________ refers tophysical harm toindividuals or the environment that occurs as the result of corporate policies or decision making. ​

A)Corporate violence
B)Corporate negligence
C)Corporate misconduct
D)Corporate maleficence

Question 34

Because of federal inaction, it has been left tothe individual states topass stricter gun control measures, if their elected officials choose todoso.

Question 35

Most cyber crimes are new crimes.

Question 36

Burning a cross on the front lawn of an African American family is not a true threat, and therefore not a crime.

Question 37

Phishing scams have spread totext messaging and social-networking sites.

Question 38

It is now believed that there are more than 357 million firearms in the United States, meaning that there is at least one for every man, woman, and child in the United States.

Question 39

Government agents need judicial permission toissue national security letters.

Question 40

Spam is a computer program that can automatically replicate itself over a network and interfere with the normal use of a computer.

Question 41

____________________ are legal notices that compel the disclosure of customer records held by banks, telephone companies, Internet service providers, and other companies tothe agents of the federal government.

Question 42

A(n)____  refers toan  attempt todamage or disrupt computer systems or electronic networks operated by computers.

Question 43

Sending an unsolicited e-mail that falsely claims tobe from a legitimate organization in an attempt toacquire sensitive information such as a password is known as ____   .

Question 44

Physical harm toindividuals or the environment that occurs as the result of corporate policies or decision making is  _______________________________.

Question 45

______________ is the process of encoding information stored in computers in such a way that only authorized parties have access toit.

Question 46

____________________ refers tothe close observation of a person or group by government agents, in particular touncover evidence of criminal or terrorist activities.

Question 47

An investigation of a person's history todetermine whether that person should be allowed a certain privilege, such as the ability topossess a firearm, is called a(n)____  .

Question 48

is the criminal action of being involved in an organized effort toengage in illegal business transactions.

Question 49

The ____is a critical legal tool used in efforts tocombat terrorism, because it permits law enforcement agents toarrest suspects even though nocrime, in the traditional sense of the word, has taken place and noevident harm has been caused.

Question 50

In the context of federal antiterrorism legislation, ______________________ refers tothe act of helping a terrorist organization by engaging in a wide range of activity that includes providing financial support, training, and expert advice or assistance.

Question 51

White-collar crime is an official single category of criminal behavior measured by the federal government in the Uniform Crime Report.

Question 52

Federal officials prosecute white-collar crime using the investigatory powers of several different federal law enforcement agencies.

Question 53

is a form of employee fraud in which an individual uses his or her position within an organization toembezzle, or steal, the employer's funds, property, or other assets.

Question 54

A(n)____________________ refers toan act  of speech or expression that is not protected by the First Amendment because it is done with the intention placing a specific victim or group of victims in fear of unlawful violence.

Question 55

A(n)____    is a network of computers that have been appropriated without the knowledge of their owners and used tospread harmful programs via the Internet.

Question 56

Alsoknown as influence peddling, the white-collar crime of _________________occurs in the business world when somebody within a company or government sells influence, power, or information toa person outside the company or government whocan benefit.

Question 57

The application of computer technology tohelp find and utilize evidence of cyber crimes is called  ____. ​

Question 58

The goal of ________is not prevention or punishment as much as compliance, or the following of regulatory guidelines.

Question 59

is a technique used by a white-collar criminal where a dishonest stockbroker steals funds from a client rather than investing those funds in the stock market as promised.

Question 60

Intellectual property such as books, films, music, and software is vulnerable to  , which is the unauthorized copying and use of the property.

Question 61

With the recent election of our nation's new President, many people take tothe streets of Washington D.C. toprotest his recent executive actions. In particular, many of the protestors are furious with respect tohis recent policy decisions regarding illegal immigration. The march continues up tothe steps of the Lincoln Memorial, where a crowd of twothousand people has amassed. one of the protest leaders, a 31 year-old female, addresses the crowd with a megaphone and states that the "President needs todie, and die now. Whowants tokill the bastard?" You are a D.C. Metropolice sergeant whowas assigned toprovide security for the march. Based on what you just heard, what will you do? Will you make the arrest based on her statement? Does her statement amount toa "true threat" against the President? Please explain your decision.

Question 62

Explain how the Patriot Act has made it easier for federal agencies toconduct searches and conduct surveillance during terrorism investigations.

Question 63

For legal purposes, a corporation can be treated as a person capable of forming the intent necessary tocommit a crime. In September 2015, General Motors Co. (GM)admitted criminal wrongdoing related toflawed ignition switches in its automobiles and paid a $900-million fine tothe federal government. The faulty switches would cause the cars' engines toshut off for noapparent reason, putting drivers and passengers at considerable risk. GM employees were aware of the defect-which has been linked toat least 124 deaths and numerous injuries-for nearly a decade before addressing the problem. The deaths and injuries caused by GM's deception and negligence are an example of corporate violence. In contrast toassaults committed by individual people, corporate violence is a result of policies or actions undertaken by a corporation. As the chief prosecutor of Detroit, Michigan, you are well aware that GM knew about these faulty ignition switches and opted not toaddress the matter. As a result, a family of four in your city died in an automobile accident caused by a faulty ignition switch. Although GM has paid out millions in civil and criminal penalties, you have been asked by the remaining family members of this family toconsider filing state criminal charges of voluntary manslaughter, conspiracy, criminal negligence, and fraud against the CEo, seven Vice-Presidents, and four members of the engineering department. The family feels that they should pay with prison time, not just with money. Doyou file criminal charges against the aforementioned GM officials, or doyou elect not to? Please fully explain your decision.

Question 64

With the advent of the Internet, child pornography became much easier todisseminate. Explain the three reasons for this development.

Question 65

The federal government maintains a secret "no-fly list" of persons suspected of having ties toterrorism (i.e., domestic or foreign)whoare not allowed toboard a commercial airline flight that originates or terminates in the United States. Even if a person is a U.S. citizen, he or she is not permitted tochallenge his or her inclusion on the no-fly list. As a civil rights attorney, a client comes toyou for assistance. Your client is a U.S. citizen, whowas born in California, but was raised by Saudi Arabian parents. Your client's father was suspected of possible ties tothe 9/11 bombings in New York, however, he was never officially charged. As a result, noone in your client's family is permitted toleave the country. As a civil rights attorney, doyou take this particular case, and if so, why or why not? Please fully explain your choice.

Question 66

Identify the four federal regulatory agencies that deal with white-collar crime.

Question 67

Explain how the Internet has contributed topiracy of intellectual property.

Question 68

Recently, Utah became the first state tocreate a registry for white-collar criminals, which includes anyone convicted of second-degree frauds or other financial felonies since 2006. According tostate officials, the registry serves twopurposes: offering investors information about con artists, and providing incentives for felons topay restitution totheir victims-a prerequisite for removal from the list. You are the newly appointed Attorney General for the state of Idahoand you're contemplating whether or not Utah's example of "white collar shaming" could be effective as a deterrent for future fraudsters of your state. Aside from your office, others in the state senate feel that passing these types of sanctioning laws would definitely reduce the incident rate by those whowish tocarry out these types of offenses. What doyou do? Doyou work with those senators todraft a new sanctioning law or doyou defer and attempt togather more information regarding the practical and deterrent effects of such laws? Please explain your decision.

Question 69

How are white-collar crimes different from violent or property crime?

Question 70

Discuss the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Why is the AEDPA such an important legal tool against terrorists?

Question 71

The Second Amendment tothe U.S. Constitution states, "A well-regulated Militia, being necessary tothe security of a free State, the right of the people tokeep and bear Arms, shall not be infringed." Because this language is somewhat antiquated and vague, the United States Supreme Court has attempted toclarify the amendment's modern meaning. over the course of twoseparate rulings, the Court stated that the Second Amendment provides individuals with a constitutional right tobear arms and that this right must be recognized at all levels of government-federal, state, and local. As the most recently appointed Supreme Court Justice by the newly elected President, a case comes before the court regarding the ability of U.S. cities topass ordinances that restrict the ability toconceal and carry a firearm within city boundaries. The entire case centers upon one's right tocarry a firearm while out in public, say at a restaurant, at the movies, or while attending church. The attorney representing the city of Clarion, Pennsylvania says that the 2^nd Amendment only applies tothose belonging toa "militia"-and based on that interpretation that means a regulated body approved toprotect (e.g., sheriff's department, national guard). The attorney representing the pro-2^nd Amendment citizens of Clarion states that his clients' absolute constitutional guarantee tokeep and bear arms is being violated and that the city ordinance is completely unconstitutional. As the tie breaking vote of the Supreme Court, how doyou vote and why? Please fully explain your decision.

Question 72

Explain why privacy expectations are soimportant tothe federal government's metadata surveillance operations.

Question 73

Identify three main techniques used by white-collar criminals tocarry out their crimes.