Deck 23: Criminal Law and Procedure in Business

Question 1

Evidence that stems from the original evidence is called ________ evidence.

Answer 1

derivative

Question 2

There are 51 criminal justice systems in the United States.

Answer 2

True
Explanation: There is a federal criminal system, and each state maintains a criminal system as well.

Question 3

If business records can be proved to be private papers, the records may be protected from seizure under the Fifth Amendment right against self-incrimination by sole proprietors.

Answer 3

True
Explanation: This is being narrowed by the courts but does protect some sole proprietors.

Question 4

If a jury is unable to come to a conclusion, a _______ will be declared.

Question 5

The same act cannot cause a criminal and civil wrong at the same time.

Question 6

Criminal ________ deals with the limits set on the government's authority when applying or enforcing criminal law.

Question 7

A fact that does not excuse a crime but may be considered to lessen punishment is called a ________ circumstance.

Question 8

Alphonse has lost his job and has decided to rob a bank. He goes to the bank to observe how it operates, and he purchases a weapon and ammunition as well as a mask. He has planned his getaway thoroughly. He drives to the bank but is arrested on his way in when an alert police officer sees him draw his weapon and don the mask. Among other things, Alphonse may be charged with and convicted of conspiracy to rob the bank.

Question 9

Reasonable suspicion is a higher standard than probable cause.

Question 10

A plea by a defendant in which the defendant does not admit guilt but agrees to penalties imposed as if guilty is called a plea of no contest or _____.

Question 11

It is possible for authorities to conduct an illegal search of your home without ever entering your property or the home itself.

Question 12

The mental element, or "guilty mind," required for criminal liability to occur is called _____.

Question 13

A court order authorizing an official to do something the official would otherwise be prohibited from doing is called a _____.

Question 14

Criminal law regulates the rights and duties between private parties.

Question 15

Being blameworthy in criminal law is called _____.

Question 16

When you place your garbage or trash at the curb, you have waived any expectations of privacy and the police may go through the garbage or trash without a warrant.

Question 17

If the criminal trial results in a verdict of not guilty, the government may retry the case again because the government always gets one appeal.

Question 18

A formal filing by a magistrate that binds a defendant over for trial is called an _____.

Question 19

The illegal act that constitutes the crime and results in criminal liability is called the _____.

Question 20

The judge determines whether a crime is a misdemeanor or a felony.

Question 21

The forfeiture provisions under the Racketeer Influenced and Corrupt Organizations Act are generally considered to be the act's most effective penalty.

Question 22

The right to confront witnesses through cross-examination is contained in the Sixth Amendment.

Question 23

One of the major functions of criminal law in general is to compensate parties for damages caused by another's conduct.

Question 24

Fred has been charged with a crime for which the maximum punishment is a fine and up to six months in jail. The crime he has been charged with is a misdemeanor.

Question 25

The Model Penal Code specifically states that those exhibiting a sociopathic personality disorder are not eligible to claim a mental incapacity defense to a criminal charge.

Question 26

Congress has twice passed federal statutes intending to control pornography over the Internet with regard to distribution to minors, and both times the law was struck down as being too broad and too vague, therefore infringing on freedom-of-speech rights of the general public.

Question 27

The Insider Trading and Securities Fraud Enforcement Act created substantial civil penalties but no criminal penalties for those committing insider-trading violations.

Question 28

White-collar crime almost always consists of nonviolent types of crimes.

Question 29

There are no federal common law crimes.

Question 30

If a defendant is found guilty in a criminal trial, he or she may not appeal due to double jeopardy.

Question 31

Jonathan is a junior in college and has started dating a secretary who works in the college president's office. She is madly in love with him, and when he asks for the passwords to access the school's main computers, she gladly gives them to him. He uses the passwords to change his grades. Jonathan has violated the Patriot Act.

Question 32

In U.S. v. Kozeny, the court of appeals found that the defendant was not guilty of conspiracy to commit bribery because he did not have actual knowledge of the bribery scheme.

Question 33

Mike is a bartender. Every day he pockets $20 or so by not ringing up some sales when paid in cash. Mike, because he is stealing from his employer while on the job, is guilty of embezzlement.

Question 34

If the police fly over your home with a helicopter and observe your activities using binoculars or a telephoto lens, this would constitute an illegal search if done without a warrant.

Question 35

The Model Penal Code has been adopted by only about half of the states.

Question 36

Courts have been very reluctant to extend reasonable expectations of privacy rights to the workplace.

Question 37

Officer Jones is a policeman on a foot patrol. When he passes a group of three students, he smells what he believes to be the odor of marijuana even though he does not see any of the three actually holding or smoking a joint. He may conduct a limited pat-down search of the three students to determine whether any have marijuana on their person.

Question 38

You can be guilty of bribery even if the party you have made the offer to turns the offer down.

Question 39

Peter and Paul are business associates. The police enter the business with a search warrant because Peter is under investigation for a crime. When the police ask Paul to answer some questions, he agrees, but one of the questions, if answered, might make him culpable also. Paul must answer the question because he is not under investigation and does not therefore currently have the right against self-incrimination.

Question 40

If a jury is deadlocked and cannot come to a decision at the end of a trial, the prosecutor may not bring charges to retry the defendant due to the defendant's double-jeopardy protection under the Constitution.

Question 41

Ben is the manager of a branch of a large bank. He has regularly taken money from customers' accounts for his own use and changed the bank records to cover his actions. Ben is guilty of:

A) a conspiracy.
B) a Ponzi scheme.
C) racketeering.
D) embezzlement.

Question 42

Which of the following is least likely to be considered a mitigating circumstance?

A) age
B) sex
C) mental illness
D) lack of a prior criminal history

Question 43

Although it may vary because of the nature of the case, generally a delay of more than ________ is presumptively an unconstitutional violation of a defendant's right to a speedy trial.

A) four months
B) six months
C) eight months
D) ten months

Question 44

Jennifer and Angela are both broke. They have sold most of their possessions, and neither can find a job. One evening they decide to rob a bank. They agree that Jennifer will enter the bank pretending to have a bomb strapped to her chest and Angela will drive the getaway car. The next morning they drive to the bank, and while they are waiting for it to open, they see a church next door. Hoping for divine help while committing the robbery, they step into the church to pray. Suddenly realizing the error of their ways, they abandon their plans and sign up to become nuns.

A) They have committed no crime because they abandoned the plan.
B) They are guilty of attempted robbery by driving to the bank.
C) They are guilty of a crime only if the bomb was real and not a threat.
D) They are guilty of conspiracy.

Question 45

From least to most serious, crimes are classified as follows:

A) misdemeanors/infractions/felonies
B) felonies/misdemeanors/infractions
C) infractions/misdemeanors/felonies
D) infractions/felonies/misdemeanors

Question 46

Officer Tom stops Kathy because she looks like a criminal to him, and after a pat down finds marijuana in her pocket. He then uses the drugs to justify a warrant to search her home for drugs. The search uncovers 8 kilos of cocaine.

A) The marijuana in her pocket would be excluded from evidence; however, the 8 kilos were found pursuant to a warrant, so they are admissible evidence at trial.
B) Both the marijuana from her pocket and the 8 kilos of cocaine would be admissible evidence at trial.
C) The marijuana would be admissible at trial but not the cocaine because marijuana and cocaine are so different.
D) Neither the marijuana nor the cocaine would be admissible at trial.

Question 47

The amendment requiring that an arrest warrant may not be issued without probable cause is the:

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

Question 48

In Miranda v. Arizona, Miranda's voluntary confession was thrown out because:

A) Miranda asked for an attorney but was questioned before the attorney arrived.
B) Miranda spoke such poor English that he didn't fully understand his rights as told to him and an interpreter was not provided.
C) Miranda spoke English but didn't read English, so he didn't understand that the document he signed was a confession.
D) Miranda was questioned in a police interrogation room and the court deemed the setting too coercive, particularly since he didn't know his rights, and even though he was not forced to talk by the police, his confession was therefore not truly voluntary.

Question 49

Arthur has attached a device to a local ATM machine that records customers' bank account numbers and ATM passwords. He then sells these account numbers and passwords to nefarious individuals who use the information to steal money from the customers' accounts. Arthur is:

A) guilty of a crime under the Computer Fraud and Abuse Act as amended by the Patriot Act.
B) guilty of a crime under the Mail Fraud Act.
C) not guilty of a crime because he isn't the one stealing the money.
D) guilty of the crime of embezzlement.

Question 50

Stan is an investment manager. He has received money from various investors and given them a promise of very high returns on their investments. The invested money is not supplying enough capital to pay the returns promised, so he has started using new investors' money to pay older investors. By advertising and by word of mouth, people are anxious to invest with Stan because of the money being paid, and with the influx of new investors he is able to continue operating. Stan is:

A) operating an insider-trading operation.
B) racketeering.
C) guilty of conspiracy to defraud.
D) operating a Ponzi scheme.

Question 51

Evidence obtained from an illegal search may not be used against the defendant. This is called:

A) flower of the unlawful fruit.
B) fruit of the poisonous tree.
C) bloom of the illegal bush.
D) sticker of the criminal shrub.

Question 52

Felonies generally are punishable by:

A) three months or more of incarceration.
B) six months or more of incarceration.
C) nine months or more of incarceration.
D) twelve months or more of incarceration.

Question 53

Under the exclusionary rule:

A) judges who have handled previous cases involving the defendant currently before them at trial must excuse themselves due to possible preformed biases.
B) potential jurors who show an obvious bias may not serve on a jury in order to make sure trials are as fair as possible.
C) a sole proprietor's business records may not be seized even if pursuant to a warrant if they are considered personal papers.
D) illegally obtained evidence may not be introduced at trial.

Question 54

Michelle is driving at night when a policeman pulls her over for a blown tail light. When he approaches the car, he shines his flashlight into the car and sees a bag of white powder on the back seat. The officer orders Michelle out of the car and then reaches in to seize the bag. A quick examination leads him to believe that the bag contains cocaine. He arrests Michelle and takes her to the station.

A) The officer conducted an illegal search because he didn't obtain a warrant.
B) The officer conducted an illegal search because he may look into the car but may not use mechanical devices to aid his search without a warrant, so the use of the flashlight made the search illegal.
C) The officer conducted a legal search because he may look into the car and may use simple mechanical devices, such as a flashlight, to aid his search without a warrant.
D) The officer conducted a legal search because he found drugs and the ends justify the means.

Question 55

Mike raped Kathy in the parking lot of Tom's Pub. The attorney general/district attorney's office prosecuted Mike on rape charges. Subsequently, Kathy filed a lawsuit against Mike for money damages. Classify each legal action.

A) The attorney general/district attorney's case was a criminal case; Jane's lawsuit was a civil case.
B) The attorney general/district attorney's case was a civil case; Jane's lawsuit was a criminal case.
C) Both cases are criminal.
D) Both cases are civil.

Question 56

In U.S. v. LaGrou Distribution Systems, the defendant company suffered from an extremely serious rat infestation. Stewart, the president of LaGrou, defended, saying he had no specific knowledge of meat contamination and therefore he was not culpable.

A) Stewart was found guilty because he knew of the rat problem and didn't do all that could be done to control the problem.
B) Stewart was found not guilty because he recognized the problem and instructed employees to work daily to control the problem.
C) Stewart was found guilty because even though his subordinates hid the problem from him, they did so in the normal course of business, thus making senior management liable.
D) Stewart was found not guilty because the court recognized that when 20 million pounds of meat are stored in a facility, it is impossible to control rats that target the meat.

Question 57

The amendment that guarantees a speedy public trial is the:

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

Question 58

Jan is on trial for arson. For Jan to be found guilty, her guilt must be proved:

A) beyond a reasonable doubt.
B) beyond a preponderance of the evidence.
C) by a preponderance of the evidence.
D) by a reasonable preponderance of the evidence.

Question 59

Roger is the CFO of a corporation and is having a business dinner with some of the company's largest shareholders. Roger knowingly and intentionally starts drinking a variety of alcoholic drinks and even excuses himself to secretly snort cocaine in the men's room. By the end of the evening he is obviously intoxicated. His dinner companions keep buying more rounds of drinks, and Roger needs no urging to continue drinking. By dessert he is obviously extremely intoxicated. At that point his companions ask him to sign a variety of documents, which he doesn't read due to his condition. The documents turn out to be falsified financial statements, which are then supplied to the accountants who are auditing the company.

A) Roger's act of signing the documents is enough for him to be guilty of criminal fraud.
B) Because Roger was voluntarily intoxicated, he has no defense against a charge of criminal fraud.
C) Because Roger was so intoxicated, he likely could not have formed the required mens rea and would not be guilty of criminal fraud.
D) Roger is not guilty of criminal fraud because he did not voluntarily sign the documents due to his intoxication.

Question 60

Murder is the killing of a human being with malice aforethought. Malice aforethought is the premeditation and planning of the crime. Malice aforethought shows that one considered the consequence of the action and knowingly committed the crime. The malice aforethought would be the:

A) actus reus.
B) mens rea.
C) voir dire.
D) indictment.

Question 61

Brenda is the CEO of a large corporation. While presenting a proposal to a commercial bank for a corporate loan, she offers the bank's commercial loan manager a $10,000 "gift" for favorable treatment.

A) Brenda is guilty of bribery whether the manager accepts or not because the offer constitutes the crime.
B) Brenda is guilty of bribery only if the manager accepts because the crime has not occurred without acceptance by the other party.
C) Brenda is guilty of bribery because she is dealing with a commercial bank in the normal course of business.
D) Brenda is not guilty of bribery.

Question 62

What are the three purposes or aims of imposing punishment for criminal acts?

Question 63

Alan is a freshman in the computer science department. One of his professors has embarrassed him in class and then mocked him, saying that Alan will never be as good as she is with computers. In order to prove the professor wrong, Alan decides to break into the main computer at the Department of Defense and leave a note saying the professor is a spy. Alan indeed hacks into the computer and leaves the message. He designed the message to erase itself after 13 hours, leaving no trail and no damage to the computer. If Alan is discovered to be the hacker, has he committed a crime? Explain.

Question 64

Mike's Models Inc. is a modeling agency registered in Delaware, specializing in Central and South American women for print, runway, and other modeling work. The company's manager of the Venezuelan territory, Jose, a Venezuelan citizen, has discovered Sonja and believes that she has the potential to be a superstar. Because permission for her to travel to the United States could take weeks and Mike's want her for a car show in 10 days, Jose offers the head of Venezuelan immigration services the use of the company's New York City penthouse and personal use of the company's limousine the next time the official visits the United States for putting Sonja's papers through quickly. The official turns him down. Has the Foreign Corrupt Practices Act been violated? Fully explain why or why not.

Question 65

Your professor has dismissed the class, and everyone is walking toward the exit. Ashton takes out his phone and is accessing a site to see whether his favorite celebrity starlet has been released from police custody yet. While staring intently into the phone, he bumps into you, causing you to fall and injure your leg. Has he committed a crime, and if so, what crime has he committed?

Question 66

Officer Tom is executing a validly obtained search warrant in Kathryn's home. The warrant gives him the right to search every room in the house but is limited to a search for automatic weapons and handguns. When he walks into the kitchen, he sees an open box filled with small plastic bags containing small pills. A closer inspection reveals that the pills are ecstasy, an illegal narcotic. May Officer Tom seize the drugs even though the warrant did not include a search for drugs, and would the drugs be admissible in court?

Question 67

Lindsay is a sprinter on the school's track team. If she is confronted by a man with a cast on his leg who is threatening her with a knife and she kills her assailant during a brief skirmish, claiming self-defense would most likely be a successful defense if:

A) she is confronted on campus in front of the administration building.
B) she is confronted in her home.
C) she is confronted in a dark parking lot while walking to her car after class.
D) she is confronted in the hall of the business building.

Question 68

The amendment that requires probable cause with respect to searches and seizures is the:

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

Question 69

An ex post facto law is:

A) a criminal law that takes effect at some specified time in the future.
B) a state criminal law that conflicts with a federal criminal law and is overruled by the federal law.
C) a criminal law that is written to apply retroactively.
D) a criminal law that is based on federal common law.

Question 70

Murder is the killing of a human being with malice aforethought. Malice aforethought is the premeditation and planning of the crime. Malice aforethought shows that one considered the consequences of the action and knowingly committed the crime. The killing would be the:

A) actus reus.
B) mens rea.
C) voir dire.
D) indictment.

Question 71

Maria is the CFO of a company being investigated by the SEC for various alleged violations. Each of the following would constitute an obstruction of justice except:

A) ordering her secretary to lie if she is questioned.
B) refusing to answer questions and invoking the Fifth Amendment.
C) shredding her personal calendar and appointment book.
D) changing some figures on documents used to support filed financial statements.

Question 72

A grand jury will issue a(an) ________ if its investigation indicates that a defendant should be held over for trial.

A) indictment
B) information
C) warrant
D) summons

Question 73

Stella, the CEO of Mega Movies Studios Inc., announces that Willa Winsome, the most sought-after actress in Hollywood if not the entire world, has agreed to sign with Mega to star in an upcoming movie. A movie starring Willa Winsome is a guaranteed moneymaker. Willa, at the time that the announcement is made, is on a 30-day retreat, spending her entire time meditating and engaging in other spiritual endeavors. She receives no visitors and has no phone or Internet. She is totally cut off from the outside world. Following Stella's announcement, Stella begins soliciting funds from private backers as well as banks in order to finance the film. They are eager to participate and happily provide Mega with substantial funding. In truth, Stella has never spoken to Willa about starring in the movie, and no deal has been struck. Has Stella committed a crime?

Question 74

With regard to the 2008 discovery of Bernard Madoff's Ponzi scheme, which of the following is not true?

A) He preserved an element of secrecy by claiming his investment strategy to be a trade secret.
B) The scheme lasted over 20 years and cost his clients billions of dollars.
C) Obtaining investment funds from charities and nonprofits was an essential part of his strategy.
D) To keep multiple authorities and governments from examining his operation, he restricted the scheme to U.S. investors and U.S. business entities only.

Question 75

Name the seven computer crimes defined in the Computer Fraud and Abuse Act as amended by the Patriot Act.

Question 76

What effect have mandatory sentencing guidelines had on the judiciary and criminal punishment in general?

Question 77

Officer Kent is a 25-year veteran of the state police force. He has conducted thousands of investigations and made thousands of arrests. One day he sees a man and woman talking on a street corner. He approaches them and conducts a pat-down search of each, finding two marijuana joints in the man's pocket but nothing on the woman's person. He then forces the woman to empty her purse, which contains a packet of cocaine. He arrests them and takes them back to the station. When asked by his superior what made him think the couple was culpable, he said, "25 years of experience and a feeling in my gut." Will the drugs be permitted into evidence at their trial?

Question 78

The adjudicative phase of the criminal justice process includes each of the following components except:

A) setting bail.
B) entering a plea by the defendant.
C) filing the indictment or information.
D) sentencing.

Question 79

Marcia is an accountant for a large corporation, and after meeting with the company's CFO, she has falsified records by inflating the company's quarterly profits, making them acceptable to the bank that the corporation has applied to for a commercial loan. Under the tenets of the Model Penal Code, what must be proved for her company to be criminally liable?

Question 80

Mitigating circumstances:

A) if proved, may excuse a defendant from an alleged crime.
B) if proved, may be applied to reduce a defendant's punishment.
C) are the elements of a crime that must be proved at trial.
D) refer to the procedures that must be followed during the investigation of a crime.