Deck 6: Criminal Law

Question 1

The Fifth Amendment would protect a defendant from having to give blood samples to the prosecution since it would be a form of self-incrimination as interpreted by the courts.

Answer 1

False

Question 2

Kim offered $50,000 to the vice president of operations of ChemKore Co. to induce her to divulge a secret process. In some states Kim would be guilty of commercial bribery.

Answer 2

True

Question 3

Robbery is a larceny accompanied by force or a threat of force.

Answer 3

True

Question 4

RICO provides for criminal penalties, but contains no provision for civil penalties.

Question 5

In the People v. Farell case, the court looked first to the words of the statute itself to determine legislative intent and determined that the theft statute applied to trade secrets as well as money.

Question 6

If Gene mistakenly hits Audrey with his truck and kills her, when he intended to hit and kill Cerise, his intent to kill Cerise is transferred to Audrey, regardless of whether he even knew Audrey, for the purpose of fulfilling the mental element of the crime.

Question 7

The key distinction between larceny and embezzlement is whether the person taking the property has the intent to deprive the victim permanently of the goods.

Question 8

A felony is a more serious type of crime than a misdemeanor.

Question 9

Corporations may be held liable for a crime.

Question 10

Mala in se crimes are those crimes that are not morally wrong but are declared wrongful by the legislature.

Question 11

A crime is an act or omission in violation of public law and punishable by the government.

Question 12

The state may appeal a verdict of "not guilty" if there is an error in the trial.

Question 13

Civil law is a part of public law, whereas criminal law is a part of private law.

Question 14

The defendant must testify in a criminal proceeding.

Question 15

Bill has had a problem with vandalism at his business, so he rigs up a spring gun at the entryway to his store, so that any after-hours intruder will be shot upon entry. Bill may legally use this deadly force to protect his business.

Question 16

The Fifth Amendment protects all individuals against unreasonable searches and seizures.

Question 17

The American Law Institute's Model Penal Code provides that a corporation cannot be convicted of a criminal offense for the conduct of its employees or board of directors.

Question 18

Under the United States legal system, guilt is never presumed by the court.

Question 19

Because of the increasing use of criminal sanctions to enforce government regulation of business, criminal law is an essential part of business law.

Question 20

Misdemeanors are less serious crimes punishable by a fine or imprisonment in a local jail.

Question 21

Selling liquor to a minor can result in criminal liability only if the seller intended to sell to an underage person.

Question 22

The Federal Organizational Corporate Sentencing Guidelines provide for each criminal offense a base fine that can be reduced, but not increased, under certain circumstances.

Question 23

Murder is a mala prohibita type of crime.

Question 24

The Fifth Amendment protects a defendant from double jeopardy.

Question 25

Carelessness or negligence is a form of subjective fault.

Question 26

A preliminary hearing is held in a criminal case to determine whether there is probable cause to believe the defendant is the one who committed the crime.

Question 27

Tracey offered the police chief $10,000 to ignore illegal gambling activity in her establishment. Tracey cannot be found guilty of bribery since the police chief refused her offer.

Question 28

Rhonda is arrested for a misdemeanor that carries a possible five-month prison sentence. She is entitled to a jury trial.

Question 29

A "bench trial" is one in which the decision is made without a jury.

Question 30

Today most crimes are covered by statutory law rather than by the common law, although many of the crimes in statutory form had their origins in the common law.

Question 31

White-collar crime is defined as a nonviolent crime usually involving deceit, corruption, or breach of trust.

Question 32

RICO defines a pattern of racketeering as the commission of three or more predicate acts within a five-year period.

Question 33

Some states still recognize common law crimes.

Question 34

Although mens rea is a required element for most crimes, many regulatory crimes dispense with it.

Question 35

A criminal defendant may be convicted by a preponderance of the evidence.

Question 36

RICO has been successfully applied to businesses that are not engaged in organized crime, despite the fact that its intent is to target organized crime.

Question 37

The Sixth Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital offense except by grand jury indictment.

Question 38

Paul grabs Don and threatens to stab him with his knife if Don doesn't help Paul commit a robbery. If Don helps Paul and is prosecuted, Don would have a valid defense called self-defense.

Question 39

Vicarious liability is liability imposed upon one person for the acts of another.

Question 40

The 2010 amendments to the Federal Organizational Corporate Sentencing Guidelines restricted the availability of reduced sentencing for corporations having effective compliance and ethics programs and meeting additional requirements.

Question 41

The Sarbanes-Oxley Act passed in 2002 is the first comprehensive federal statute prohibiting computer crime.

Question 42

Bill is the accountant for Cheatam and Sons Co. For many years he has kept two sets of books, one with real figures and another with figures he will use in case the IRS audits. When Bill, while working on Cheatam's books, is arrested for fraud, what will happen to the books?

A) They are privileged communications and therefore inadmissible as evidence against Bill.
B) They are protected by the Fifth Amendment and therefore are inadmissible.
C) They may be admitted as evidence since they were taken pursuant to a valid arrest.
D) They may be admitted as evidence only if Bill consented to a search of his offices.

Question 43

A defendant who is indicted will next:

A) go before a grand jury.
B) have a preliminary hearing.
C) be arraigned.
D) be prosecuted.

Question 44

The term mala prohibita refers to the bad act element of a crime.

Question 45

Another name for an indictment is a(n):

A) true bill.
B) arraignment.
C) verdict.
D) preliminary hearing.

Question 46

There are no federal common law crimes.

Question 47

The crime of larceny includes in its definition:

A) the nontrespassory taking and control of personal property.
B) the trespassory taking and carrying away of personal property.
C) assault.
D) the taking and control of personal or real property.

Question 48

How much force may an individual use to protect her property?

A) As much as is necessary.
B) Deadly force.
C) Reasonable force, but not deadly force.
D) All of these are correct.

Question 49

The Fourth Amendment to the Constitution:

A) requires a speedy trial.
B) prevents double jeopardy.
C) prohibits unreasonable search and seizure.
D) All of these.

Question 50

Which one of the following is NOT true of a criminal suit?

A) A criminal suit is brought by the government, not by an individual.
B) In a criminal suit, guilt is never presumed.
C) A purpose of a criminal suit is repayment to the victim.
D) A criminal suit requires a higher burden of proof than a civil suit.

Question 51

The improper taking of another's property by one in lawful possession of it, that violates a trust, is:

A) robbery.
B) theft.
C) larceny.
D) embezzlement.

Question 52

What happens if the police illegally seize evidence in violation of the Fourth Amendment?

A) The evidence will be excluded from use at trial.
B) The defendant's arrest is nullified.
C) The defendant is entitled to another trial.
D) The defendant will be paid for the expenses of his defense.

Question 53

Two boys held up a liquor store at gunpoint and ran off with a bag of money. The police saw them run into Jill's apartment building where there are only four apartments off a common hall and no apparent way out of the building but the front door. The police knock on Jill's door. She says she's the only one there. The police can:

A) search the apartment without a warrant because Jill voluntarily answered the door.
B) search the apartment without a warrant because they are in hot pursuit of the thieves.
C) not search the apartment, because they have no reason to believe that the boys are in Jill's apartment rather than the others.
D) not search the apartment because voluntary consent to enter is necessary.

Question 54

Assume a state has a criminal statute that punishes "every person who by himself or his employee or agent sells anything at short measure." Chris, an employee of Watkins Fencing, Inc. within that state, intentionally sells wire fence to Nowton Construction at short measure. Watkins:

A) may be held criminally liable for Chris's act even if Watkins did not authorize this action.
B) will only be held liable if Chris is a managerial employee.
C) cannot be vicariously liable for Chris's action unless Watkins directed, participated in, or approved of the act.
D) will not be vicariously liable for Chris's action if it was not authorized because the element of mental fault is missing on the part of Watkins.

Question 55

The defense of entrapment arises when:

A) a law enforcement official induces a person to commit a crime whether that person, under ordinary circumstances, would have done so or not.
B) any person induces any other person to commit a crime when the person induced would not ordinarily have done so.
C) a police officer or other government official or agent acts to induce an individual to commit a crime when that individual would not ordinarily have done so.
D) law enforcement officials act aggressively to prevent a crime.

Question 56

Which of the following is correct with respect to a grand jury?

A) The grand jury decides the ultimate guilt or innocence of the defendant.
B) The grand jury hears testimony of the defendant.
C) The grand jury issues an indictment if it finds sufficient evidence to justify a trial on the charges alleged.
D) All of these are correct.

Question 57

All jurisdictions have enacted laws making it a crime to write a check when there is not enough money in the account to cover the check.

Question 58

The term mens rea refers to the mental intent element of a crime.

Question 59

Embezzlement and forgery are considered white-collar crimes.

Question 60

Individuals may use reasonable force to protect individuals, themselves, and their property. Under the majority rule, reasonable force means:

A) deadly force is reasonable to protect property.
B) deadly force is reasonable to protect an individual's freedom of speech.
C) deadly force is reasonable if an attack threatens the victim with serious bodily harm.
D) deadly force is reasonable only within the bounds of one's domicile.

Question 61

Tyler is self-employed and alters some receipts so he will show more expenses and therefore have a greater total of income tax deductions. Tyler has:

A) committed the crime of extortion.
B) engaged in securities fraud.
C) engaged in no criminal activity.
D) committed the crime of forgery.

Question 62

The privilege against self-incrimination extends to which of the following?

A) Providing a handwriting sample.
B) Appearing in a line-up for identification purposes.
C) Taking a blood test after an accident.
D) None of the above are protected by the privilege against self-incrimination.

Question 63

Losses due to computer crimes are estimated to be:

A) in the millions of dollars.
B) in the tens of billions of dollars.
C) in the trillions of dollars.
D) decreasing because of stricter security measures now in place.

Question 64

A warrant is required for a search by the police except where:

A) the police are in hot pursuit of a fugitive.
B) voluntary consent is given to the search.
C) evidence of a crime is in plain view of the police officer.
D) All of these.

Question 65

The Sarbanes-Oxley Act has all but which of the following provisions?

A) Creating a five-person Accounting Oversight Board with authority to review and discipline auditors.
B) Creating severe civil and criminal penalties for enterprises that engage in the commission of two or more predicate acts within a period of ten years.
C) Increasing the penalties for existing federal crimes and creating new criminal offenses.
D) Adding new financial disclosure requirements.

Question 66

Which of the following is found in the Fifth Amendment to the U.S. Constitution?

A) A privilege against self-incrimination.
B) A requirement of probable cause.
C) A prohibition against cruel and unusual punishment.
D) The right to an attorney.

Question 67

Paul, a police officer, is working as an undercover drug agent. He enrolls in classes at the local university where he meets several students in business administration and invites them to come to his house for a party. No mention is made of any drugs, but he does say he will have a keg of beer. Shortly after his guests arrive, he gets out some marijuana and offers it to the group. All of them refuse except for Sam, who has never tried it before. When Paul encourages Sam to try it and Sam lights up the joint, Paul arrests Sam for possession of a controlled substance. In this case, Sam:

A) is clearly guilty as charged.
B) can raise the defense of entrapment and argue that Paul has enticed him to commit a crime he would not have done otherwise.
C) can use the defense of duress.
D) can use the Fourth Amendment to exclude the marijuana as evidence that has been illegally seized.

Question 68

Bryant knowingly destroyed documents in order to impede an SEC investigation of his company. Under the Sarbanes-Oxley Act:

A) Bryant may be personally subject to fines.
B) Bryant is subject to imprisonment of up to 20 years.
C) Bryant's company may be subject to criminal penalties.
D) All of these

Question 69

The degrees of mental fault in criminal law include which of the following?

A) Subjective fault, which includes a purposeful, knowing, or reckless mental state.
B) Objective fault, which would be a negligent or careless mental state.
C) Liability without fault, where no requisite mental state or even knowledge of the act is required in some instances.
D) All of the above.
E) None of the above

Question 70

Under the common law as well as most statutes, __________ is larceny with the additional elements that (1) the property is taken from the victim or in the immediate presence of the victim, and (2) it is accomplished through either force or threat of force.

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

Question 71

At the __________, the accused is informed of the charge against him and he enters his plea.

A) preliminary hearing
B) arraignment
C) indictment
D) information

Question 72

At common law, __________ was defined as a breaking and entering of a dwelling house at night with the intent to commit a felony.

A) burglary
B) bribery
C) robbery
D) theft

Question 73

An employer directs his vice-president of marketing to fix prices with their company's competitors. The employee does so. Under these facts:

A) only the employee is criminally liable.
B) both the employee and the employer are criminally liable.
C) only the employer is criminally liable.
D) neither the employee nor the employer is criminally liable.

Question 74

Under RICO, a __________ is any of several criminal offenses such as murder, kidnapping, arson, extortion, and drug dealing.

A) predicate act
B) liable act
C) white-collar crime
D) mala in se act

Question 75

Anita tells Bob that unless Bob pays her $5,000, she will tell his customers that he was once arrested for shoplifting as a teenager. The fact that Bob shoplifted as a teenager is true.

A) In most jurisdictions Anita has committed the crime of extortion.
B) Anita has committed the crime of defamation.
C) Anita has committed the crime of bribery.
D) In all jurisdictions in the United States, Anita would have to have received the money from Bob to be charged with a crime.

Question 76

Velma and Walter devised a scheme to defraud unsuspecting readers and then sent a message via e-mail to thousands of computer users, hoping to get rich from those who responded. This was their first such attempt. They may have violated:

A) the CAN-SPAM Act.
B) the International Internet Treaty Act.
C) RICO.
D) All of these.

Question 77

The __________ provides that the federal government shall provide the accused with a speedy and public trial by an impartial jury.

A) Fourth Amendment
B) Fifth Amendment
C) Sixth Amendment
D) Eighth Amendment

Question 78

The criminal intent necessary to commit a crime is known as:

A) actus reus .
B) mens rea .
C) the M'Naghten test.
D) malice aforethought.

Question 79

A criminal trial is similar to a civil trial, but there are some significant differences. These differences are:

A) the defendant is always the government in a criminal trial.
B) burden of proof on the prosecution is to prove criminal guilt beyond a reasonable doubt in a criminal trial.
C) the defendant is required to testify.
D) All of these.

Question 80

The __________ Amendment prohibits excessive bail and prohibits cruel and unusual punishment.

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