Deck 5: Criminal Law and Cybercrimes

Question 1

Francis has many traffic tickets and fears that her license will be suspended if she gets another traffic ticket. When stopped for speeding, she hands over her license to the police officer with a $100 bill clipped to the license. Francis has likely committed a crime.

Answer 1

True
Explanation: Bribery involves offering, promising, or actually giving something of value to a public official with the goal of influencing that official in the discharge of his or her public duties. It is also bribery when the public official solicits or accepts a thing of value in exchange for that public official's influence in whatever capacity.

Question 2

Two friends are playing a paintball game on the sidewalk, when a paintball shot hits a passerby in the eye. This would be an example of acting with recklessness.

Answer 2

True
Explanation: Recklessness involves a perverse disregard of a known risk of negative consequences. People act recklessly when they are indifferent to a serious risk that they know exists.

Question 3

The American Law Institute's insanity test is also known as the irresistible impulse test.

Answer 3

False
Explanation: The irresistible impulse test holds that criminal defendants can be found not guilty by reason of insanity if, at the time of the offense, they were stricken with a mental disease that prevented them from knowing right from wrong or that compelled them to commit the crime. Under the American Law Institute (ALI) test, a person is not responsible if "as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law."

Question 4

The set of circumstances that leads a woman to believe that the only way she can escape death is to use force against her tormentor is called battered spouse syndrome.

Question 5

A person does not have a duty to retreat before using force if the attack occurs in his or her own home.

Question 6

The Economic Espionage Act (EEA) is designed to protect trade secrets.

Question 7

Gabriel points a gun at a store clerk to frighten the clerk. This is an example of assault.

Question 8

Alfred drives his car very fast in a school zone when the school is releasing students at the end of the school day. A student dies when he is hit by Alfred's car. Alfred has committed involuntary manslaughter.

Question 9

Under American law, a crime cannot be committed unless some act has occurred.

Question 10

The RICO Act covers only serious crimes, such as arson and robbery.

Question 11

People found not guilty by reason of insanity must be set free under the American legal system.

Question 12

Stan threatens to use his computer skills to shut down the computers of the U.S. air traffic control system unless he is paid money. Stan is likely committing cyber-terrorism.

Question 13

A doctor who injects an antibiotic into a patient's arm without the patient's consent may be liable for battery.

Question 14

A felony is a crime punishable by death/imprisonment in a federal/state prison for a term exceeding one year.

Question 15

The U.S. Constitution grants the federal government express authority to enact criminal law statutes.

Question 16

Entry through an open door or window establishes the act of burglary.

Question 17

An individual cannot be convicted for a criminal act unless it is proved that he or she had an evil motive for committing the crime.

Question 18

Experts who believe in deterrence say that the criminal process should be presented in a public way, so that the public will learn the difference between acceptable and unacceptable behavior.

Question 19

If a law enforcement officer induces a law-abiding citizen to commit a crime that he or she would not otherwise commit, entrapment may be used as a defense.

Question 20

Patricia mistakenly believes she could personally hold a lottery to raise money for her favorite charity. This could be used as a defense to being prosecuted for unlawful gambling.

Question 21

A city ordinance allowed the police to arrest young men who were loitering in any public place with no apparent purpose and failed to disperse when requested to do so by the police. William was arrested under the ordinance. What is William's best legal challenge to his arrest?

A) The ordinance has no connection to public safety.
B) The ordinance is void for vagueness.
C) The ordinance gives power to the police.
D) The ordinance contains no reference to a state of mind.

Question 22

____________ is analogous to forgery because it also involves the alteration or falsification of an object or a document with intent to defraud.

A) Embezzlement
B) Criminal simulation
C) Passing bad checks
D) Defrauding creditors

Question 23

Mark enjoys hacking into the computer databases of companies, but never takes or damages any data. Mark has violated which of the following statutes?

A) Access Device Fraud Act
B) Computer Fraud and Abuse Act
C) Wiretap Act
D) Mark has not violated any statute, since there is no damage.

Question 24

A statute that made burning a cross to rouse fear a criminal offence would be an example of what type of crime?

A) Assault
B) Hate speech
C) Arson
D) Terrorism

Question 25

Tom enters a computer chat room attempting to contact children online with the intention of taking illegal advantage of them. This e-crime is known as:

A) cyber-extortion.
B) cyber-spoofing.
C) cyber-stalking.
D) cyber-fraud.

Question 26

____________ is only a defense to charges of criminal liability if it destroys one of the elements necessary to that crime.

A) Self-defense
B) Mistake
C) Battered spouse syndrome
D) Defense of others

Question 27

A robber kills a convenience store clerk and escapes with just $5. Which of the following types of homicide best fits the facts?

A) Second-degree murder
B) First-degree murder
C) Voluntary manslaughter
D) Involuntary manslaughter

Question 28

Two drivers challenge each other to a drag race on a public highway. This is an example of acting with:

A) a purpose.
B) knowledge
C) recklessness.
D) negligence.

Question 29

____________ is the making of a false statement under oath.

A) Perjury
B) Dereliction of duty
C) Intimidation
D) Tampering with evidence

Question 30

A shoplifter steals a can of soda and tries to escape. He threatens and fights the clerk when confronted. This is an example of:

A) burglary.
B) extortion.
C) embezzlement.
D) robbery.

Question 31

Agnes, a convenience store cashier, takes $5 out of the register for every $100 she rings up and keeps it. Agnes could be arrested for:

A) extortion.
B) embezzlement.
C) burglary.
D) robbery.

Question 32

Which of the following types of criminal homicide involves killing someone with premeditation, killing in a cruel way such as with torture, or killing while committing a major crime?

A) Second-degree murder
B) Involuntary manslaughter
C) First-degree murder
D) Voluntary manslaughter

Question 33

Which of the following is true of criminal law under the American law system?

A) When a crime is committed, the victim has a cause of action against the accused and is permitted to recover money as compensation from the defendant.
B) In a criminal case, the prosecutor or district attorney is required to prove the criminal defendant guilty by a preponderance of the evidence.
C) Defendants are protected from being tried for a criminal offense and then being sued under tort law for that same wrongful act.
D) If a defendant is accused of an offense that can be designated as two different crimes, he or she can be tried in two different courts.

Question 34

Joe, driving while intoxicated, caused a traffic accident that killed a passenger in his car. Joe may be charged with:

A) involuntary manslaughter.
B) first-degree murder.
C) second-degree murder.
D) aggravated murder.

Question 35

Which of the following would be considered a criminal act?

A) Martin had a heart attack while driving his semitrailer on a highway, causing a head-on collision with another trailer, and resulting in a 40-car pileup and 17 deaths.
B) Last summer, Sam made and sold crack cocaine and marijuana to teenagers in his neighborhood, leading to drug network and addiction amongst teenagers of that locale.
C) Karen, obsessed with thoughts of her husband's affair with his colleague, wrote in her diary detailed plots of how to kill the woman.
D) Helen thinks she cannot get through each day without taking LSD, a psychedelic drug.

Question 36

Alvin has discovered how to duplicate subway fare cards, and has made several hundreds of them with the intention of defrauding people. Which of the following crimes has Alvin committed?

A) Larceny by false pretenses
B) Forgery
C) Embezzlement
D) Bribery

Question 37

The term ____________ has been used to describe a crime in which the offender causes actual physical harm to the victim.

A) arson
B) aggravated menacing
C) violence
D) battery

Question 38

Myra, the assistant accountant at Multibusiness, Inc. decides to transfer $5,000 from a Multibusiness account to her personal account in order to pay some personal medical expenses. Myra plans to repay the money as soon as she receives reimbursement from her health insurance. Myra has committed:

A) larceny.
B) forgery.
C) embezzlement.
D) forgery.

Question 39

A criminal defendant is found to be suffering from a mental disease that is so serious she does not know the nature of her actions or the fact that the acts she commits are wrong. This describes which of the following tests?

A) M'Naghten Rule
B) Irresistible impulse test
C) American Law Institute test
D) The Durham test

Question 40

A child is killed by the violent behavior of his mother's boyfriend. The mother was aware of the possible danger her boyfriend posed to her son, yet failed to take steps to prevent or reduce the risk of harm to her son. She can be convicted of a crime due to which of the following requisite states of mind?

A) She acted with negligence.
B) She acted with knowledge.
C) She acted with recklessness.
D) She acted with purpose.

Question 41

While sleepwalking during his stay in a hotel, Boterus ran into Selan, another guest at the hotel, knocking Selan down the stairs. Selan called the police and demanded that Boterus be arrested. Will Boterus likely be convicted of a crime? Explain.

Question 42

A gasoline tanker truck is speeding around a curve in the road and overturns on the shoulder of the highway. The truck catches fire due to a spark igniting the gasoline and the fire spreads through a field where it burns a house and barn. The driver is arrested and accused of a criminal act. Analyze the situation.

Question 43

Sue is in her apartment complex when she hears screams and what sound like gunshots. However, she fails to call 911. Has Sue committed a crime due to her failure to call the police? Explain.

Question 44

An undercover police investigator logs into a computer chat room posing as a 15-year old girl. An older man, knowing the asserted age of the "girl", suggests that they meet at a local motel and expresses his intentions. The man checks into the motel at the pre-arranged time, and is arrested for attempted statutory rape under a state Internet enticement law. Discuss the case in brief.

Question 45

Brooke sends e-mails to customers of a local bank, directing them to a website that she has created, which appears to be the website of the bank. The customers are directed to update their banking information by entering their credit and personal information. Analyze the crime for which Brooke can be convicted.

Question 46

Jackson's wallet is stolen. The thief makes use of the identification items in the wallet to pass himself off as Jackson in order to establish fraudulent credit card accounts and in general, disrupt Jackson's financial life. Analyze the crimes and the law violations for which the thief can be convicted.

Question 47

The police have the DNA and fingerprint evidence to connect Amy, the CEO of BIGCORP to a particular crime of murder involving the CEO of a major competitor, but they still have not found enough evidence of a motive for Amy to kill the victim. Would the lack of a motive prevent Amy from being convicted? And, would BIGCORP be criminally liable for Amy's actions?

Question 48

Zach sells art pieces that are altered and falsified, but convinces his customers that they are buying original artifacts. Explain the kind of crime committed by Zach.

Question 49

Lane offered the mayor of Ontario $12,000 to award Lane's firm a building contract. The mayor refused the bribe. When Lane was arrested, he claimed that he was innocent of the charge of bribery because the mayor never took the money. Discuss the possibility of Lane's actions to be qualified as crime.

Question 50

A hacker threatens to shut down a company's computer system unless the company pays him $10 million. Discuss the crime and federal statutes involved in the case.