Deck 5: Crimes

Question 1

Under the doctrine of double jeopardy,acquitted defendants can be tried twice for the same crime.

Answer 1

False

Question 2

The Foreign Corrupt Practices Act makes it a crime for any American firm to offer a gift to a foreign official.

Answer 2

True

Question 3

Disenfranchisement refers to the loss of the right to vote:

A)when a person is convicted of a white-collar crime.
B)when a person is convicted of abuse.
C)which might result from the conviction of a felony.
D)as a result of misdemeanor.

Answer 3

C

Question 4

"Mens rea" means:

A)misdemeanors.
B)public wrongs.
C)insanity.
D)criminal intent.

Question 5

Alex had planned to murder his business partner,Bard,and acquire Bard's shares.When he performed the deed,he was in a highly intoxicated state.The court:

A)will hold him incapable of forming intent and give a bail.
B)will hold him capable of forming intent and punish him for first-degree murder.
C)will hold him incapable of forming intent and punish him for second-degree murder.
D)will hold him capable of forming intent and give him a death penalty.

Question 6

The treble damages provision is applicable to individuals injured by violations of the Sarbanes-Oxley Act of 2002.

Question 7

Ex post facto laws are statutes that would punish someone for an act that was considered criminal when the act was committed.

Question 8

Conviction of a felony can result in disenfranchisement.

Question 9

Acquiring or maintaining an interest in an enterprise through a pattern of racketeering activity is prohibited under RICO.

Question 10

Voluntary intoxication is a complete defense to a crime.

Question 11

A corporate officer may sometimes be found liable even when the officer had no actual knowledge of,or control over,the activities in question.

Question 12

Under the ECPA,an electronic communication provider may disclose the contents of an electronic communication if the disclosure was made as part of government-authorized surveillance.

Question 13

According to the concept of ____,a 13-year old accused of shoplifting cannot be convicted.

A)infancy
B)insanity
C)premeditation
D)intoxication

Question 14

The chief executive officer (CEO)and chief financial officer (CFO)must certify reports submitted to the SEC.

Question 15

The concept of infancy is a set of common law presumptions about the relation between capacity and gender.

Question 16

Non-testimonial evidence such as fingerprints,hair samples,and bodily fluids can be obtained through compulsion.

Question 17

Crimes are private wrongs,pursued by private attorneys.

Question 18

Defendants in criminal cases have the right to remain silent and cannot be compelled to testify against themselves.

Question 19

For a person to be convicted of criminal behavior,which of the following statements would be true?

A)The state must demonstrate a prior statutory prohibition of the act.
B)Insanity at the time the criminal act was committed can convict a defendant for it.
C)Criminal defendants are presumed guilty.
D)Those who commit a prohibited act before the effective date of the statute may be prosecuted.

Question 20

The USA PATRIOT Act restricts law enforcement's ability to use surveillance techniques and calls for increased judicial and congressional oversight.

Question 21

The _____ includes civil,criminal,and accounting reforms that drastically expand the accountability demanded of corporate officers and directors.

A)Electronic Communications Privacy Act
B)Foreign Corrupt Practices Act
C)Computer Fraud and Abuse Act
D)Sarbanes-Oxley Act

Question 22

Which of the following statements is true of RICO?

A)It prohibits using income derived from racketeering activity to acquire an interest in an enterprise.
B)Companies involved in bribery do not face civil liability.
C)Participating in an enterprise through a pattern of racketeering activity is permissible.
D)To be charged for racketeering,the prosecution must prove,at a minimum,the commission of a single offense within a 10-year period.

Question 23

The Fourth Amendment safeguards are designed to protect individuals from arbitrary and unreasonable governmental intrusion on their right to privacy.In assessing whether a governmental action has infringed on an individual's rights,the court:

A)will always grant the government the ability to do whatever it deems necessary.
B)must balance the governmental need against the rights of the individual.
C)will always rule in favor of individual rights over that of the government.
D)must balance both,but ultimately grant the government the ability to do whatever it deems necessary.

Question 24

Both federal and state laws spell out the specifics of cybercrime.According to these laws:

A)accessing the services of a commercial service provider without paying fees is a crime.
B)altering or destroying data stored in another person's computer is not considered illegal.
C)a corporation is not liable for the online activities of its employees.
D)only an individual may face liability based on the use of electronic communication; corporations are out of their purview.

Question 25

In which of the following ways can insanity affect a criminal trial?

A)The trial may be delayed until the defendant regains sanity.
B)A defendant who becomes insane before sentencing can be sentenced.
C)Insanity at the time of the criminal act will not absolve the defendant of criminal liability.
D)The defendant will be acquitted but will have to undergo treatment.

Question 26

Under RICO,_____ is considered a racketeering activity.

A)arson
B)homicide
C)extortion
D)larceny

Question 27

The _____ Amendment prohibits arbitrary and unreasonable governmental intrusion of the right to privacy.

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

Question 28

Mrs.Medea killed her illegitimate child and buried it in her backyard,soon after giving birth to it in 1952.Thirty-seven years later,in September 1989,Medea called Captain Erebus Ereshkigal of the New York Police Department and blurted out the story over the telephone before Ereshkigal could utter a single word.She then told him that voices from her backyard told her to confess to the crime.Medea told the police where to dig,and they unearthed a metal box containing the skeletal remains of a baby in her yard.Which of the following is a true statement?

A)The remains cannot be used in evidence against Medea because this would violate her Fifth Amendment privilege against self-incrimination.
B)The remains can be used in evidence against Medea because this would not violate her Fifth Amendment privilege against self-incrimination.
C)The remains cannot be used in evidence against Medea because Erebus did not inform her of her right to remain silent before she told him her story.
D)The remains can be used in evidence against Medea because they are not incriminating to her.

Question 29

Illegally gained evidence such as evidence resulting from "unreasonable searches and seizures" cannot be used in criminal prosecutions.This is a safeguard enjoyed by criminal defendants under the:

A)Miranda warning.
B)exclusionary rule.
C)right of confrontation.
D)double jeopardy.

Question 30

What is a white-collar crime?

A)It is a nonviolent crime committed against the federal investigative agencies.
B)It is a terrorism-related crime that poses significant threat to the general public.
C)It is a nonviolent crime committed by businesspersons and organizations.
D)It is a violent crime committed against businesspeople and organizations.

Question 31

The responsible corporate officer doctrine:

A)directs that corporate officials and agents may be held liable for crimes they aid and abet.
B)states that officials cannot be tried for homicide and related crimes.
C)says that corporate officials have no liability if they have no knowledge of the activities in question.
D)directs that corporate officials may be tried only for crimes that they personally commit.

Question 32

Which of the following statements is true about the Federal Sentencing Guidelines?

A)They are designed to establish consistent sentences for homicides only.
B)They require judges to arrive at a sentence by using a formula based on the seriousness and circumstances of the crime.
C)They specifically mandate lenient penalties for corporations dealing with white-collar crimes.
D)They mandate a minimum one-month prison term for tax frauds.

Question 33

One of the major criticisms faced by the USA PATRIOT Act is that:

A)it compromises the public's Fourth Amendment rights.
B)it increases judicial and congressional oversight on the use of increased surveillance techniques.
C)it tips the balance too heavily in the individual's favor.
D)it decreases the information-sharing power between investigative agencies.

Question 34

Which of the following is an example of cooperative antibribery efforts aimed at combating corruption in international business dealings?

A)ECPA
B)CFAA
C)IACAC
D)CSEA

Question 35

Which of the following statements is true about the Miranda warning?

A)It is a protection offered to the U.S citizens under the Eighth Amendment.
B)It gives defendants the right to a speedy,public trial by a jury of their peers.
C)It allows accused persons the right to confront accusers and cross-examine them.
D)It gives people charged with a criminal offence the right to be represented by effective counsels.

Question 36

Which of the following is included in the Fifth Amendment?

A)The prohibition against double jeopardy
B)The prohibition against excessive bail and fines
C)The exclusionary rule
D)The right of confrontation

Question 37

Under the mandates of RICO,an individual injured by the racketeering of a company can claim treble damages.This means that he/she can:

A)recover three times the damage plus attorneys' fees.
B)recover two times the damage plus attorneys' fees.
C)only recover three times the damage.
D)recover the basic amount lost plus attorneys' fees.

Question 38

Dexter Hemingway is the CEO and Todd Bradley is the CFO of Maxwell Inc.Unknowingly,both signed the financial report for the year 2006-07,which was later found to be fraudulent and misleading.Can they be held liable for punishment?

A)Under the Sarbanes-Oxley Act,both of them must reimburse the company.
B)Under the Sarbanes-Oxley Act,only the CEO will be liable for punishment.
C)Under RICO,both of them are required to reimburse the company.
D)Under RICO,only the CFO will be liable for punishment.

Question 39

Under the Sarbanes-Oxley Act of 2002:

A)it is a misdemeanor to defraud shareholders.
B)it is a felony to defraud shareholders of a private company.
C)whistleblowers are offered legal protection.
D)CEOs and CFOs cannot be held liable for any misconduct.

Question 40

The prohibition against excessive bail and fines can be found in the:

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

Question 41

Mexico has decided to join the Council of Europe's "Convention on Cybercrime." What does Mexico need to do as a part of this convention?

Question 42

Define crimes,and differentiate between felonies and misdemeanors,mentioning the penalties by which each is punishable.

Question 43

Why does the legal system have safeguards to protect the accused? Name a few of these provisions given to them.

Question 44

Explain two laws governing computer privacy and cybercrime.

Question 45

Which Act protects against unauthorized interception of electronic communications?

A)The Wiretap Act
B)The Stored Communication Act
C)The Computer Fraud and Abuse Act
D)The Cyber Security Enhancement Act

Question 46

The "Convention on Cybercrime" obligates participating countries to:

A)disclose private information to government agents.
B)create a "do-not-e-mail registry."
C)outlaw commercial copyright infringement.
D)charge offenders for misdemeanor.

Question 47

Which of the following statements is true about the Cyber Security Enhancement Act of 2002?

A)It prohibits acts of sabotage or vandalism to protected computers or networks.
B)It authorizes death penalty for individuals who knowingly or recklessly commit a computer crime specifically in foreign commerce.
C)It authorizes a 10-year sentence for individuals who recklessly commit a computer crime that results in serious bodily injury.
D)It allows an ISP to disclose private information to a government agent if the ISP believes that the information concerns a serious crime.

Question 48

The CAN-SPAM Act:

A)requires that all e-mail messages be labeled.
B)requires that unsolicited commercial e-mail include opt-out instructions.
C)prohibits interference with computers used by the government or financial institutions.
D)allows an ISP to disclose private information to a government agent if the provider believes that the information concerns a serious crime.

Question 49

What are the essential elements that must be shown by the government to obtain a criminal conviction?

Question 50

The Computer Fraud and Abuse Act:

A)includes only criminal penalties.
B)prohibits interference with computers used by the government or financial institutions.
C)prohibits an authorized person from unknowingly transmitting a code to a computer used in interstate commerce.
D)enables providers to disclose the contents of electronic communication to intelligence officials.