Deck 22: Criminal Law and Procedure in Business

Question 1

Criminal law regulates the rights and duties between private parties.

Answer 1

False
Explanation: Criminal law regulates the rights and duties between individuals and society or government.

Question 2

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

Answer 2

Mistrial

Question 3

If business records can be proven 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

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

Question 5

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

Question 6

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

Question 7

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

Question 8

A plea by a defendant where they do not admit guilt but agree to penalties imposed as if guilty is called a plea of no contest or _____.

Question 9

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

Question 10

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 11

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

Question 12

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

Question 13

Reasonable suspicion is a higher standard than probable cause.

Question 14

There are 51 criminal justice systems in the United States.

Question 15

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

Question 16

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

Question 17

Being blameworthy in criminal law is called _____.

Question 18

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

Question 19

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

Question 20

Alphonse has lost his job and has decided to rob a bank.He goes to the bank to observe how they operate and he purchases a weapon and ammunition as well as a mask.He has planned his getaway thoroughly.He has driven to the bank but is arrested on his way in when an alert policeman 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 21

There are no federal common law crimes.

Question 22

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

Question 23

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 24

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 25

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

Question 26

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 27

Mike is a bartender.Every day he pockets twenty dollars 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 28

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

Question 29

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

Question 30

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

Question 31

In State v.Yenzer,after Yenzer was arrested because the dental receptionist disclosed an appointment time in violation of the Health Insurance Portability and Accountability Act patient privacy provisions,she claimed that evidence discovered during her arrest should be excluded due to the violation of the HIPAA breach of confidentiality.The court decided that violation of a federal statute does trigger the exclusionary rule.

Question 32

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

Question 33

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 34

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 35

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

Question 36

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

Question 37

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 38

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

Question 39

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

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

Stan is an investment manager.He has received money from various investors with a promise of very high returns on their investments.The invested money is not supplying enough capital in order to pay the returns promised so he has started using new investor's 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 42

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 so 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 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 43

Jan is on trial for arson.To be found guilty,her guilt must be proven:

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 44

Under the exclusionary rule:

A) judges who have handled previous cases involving the defendant before them currently 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 45

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 46

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 47

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 eight kilos of cocaine.

A) the marijuana in her pocket would be excluded from evidence; however, the eight kilos were found pursuant to a warrant so they are admissible evidence at trial
B) both the marijuana from her pocket and the eight 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 48

Ben is the manager of a branch of a large bank.He has regularly taken money from customer's 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 49

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.They turn out to be falsified financial statements which are then supplied to the accountants 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 50

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 51

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 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 52

This amendment requires that an arrest warrant may not be issued without probable cause:

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

Question 53

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 54

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 their actions and knowingly committed the crime.The malice aforethought would be the:

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

Question 55

Arthur has attached a device to a local ATM machine that records customer's 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 customer's accounts.Arthur:

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

Question 56

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 57

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 58

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 59

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 60

This amendment guarantees a speedy public trial.

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

Question 61

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 twenty 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, the scheme was restricted to U.S. investors and U.S. business entities only

Question 62

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

Question 63

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 64

Mitigating circumstances:

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

Question 65

An ex post facto law:

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

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 with small pills inside.A closer inspection reveals the pills to be 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

Stella,the CEO of Mega Movies Studios,Inc.,has just announced 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 up coming movie.A movie starring Willa Winsome is a guaranteed money maker.Willa,at the time that the announcement was made,is on a 30 day retreat where she spends her entire time meditating and doing 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,she 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 68

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

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

Question 69

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

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 their actions and knowingly committed the crime.The killing would be the:

A) actus reas.
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 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

This amendment requires probable cause with respect to searches and seizures:

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

Question 73

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

Question 74

Your professor has dismissed the class and everyone is walking towards the exit.Ashton takes out his phone and is accessing a site to see if 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 75

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,"twenty-five years of experience and a feeling in my gut".Will the drugs be permitted into evidence at their trial?

Question 76

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 he (the professor)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 77

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 U.S.could take weeks and they want her for a car show in ten 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 78

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

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

Question 79

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 80

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