Deck 7: Criminal Law and Cyber Crime

Question 1

Public officials prosecute criminal defendants.

Answer 1

True

Question 2

The purpose of the exclusionary rule is to deter police from misconduct.

Answer 2

True

Question 3

Picking pockets is larceny.

Answer 3

True

Question 4

Thinking about killing someone constitutes the crime of attempted murder.

Question 5

Individuals who are arrested must be informed of certain constitutional rights.

Question 6

A criminal case must be proved beyond a reasonable doubt.

Question 7

One purpose of criminal sanctions is to deter others from committing similar crimes in the future.

Question 8

A crime can be committed only against persons.

Question 9

Under the Fourth Amendment,a general search warrant and a general search through a person's belongings are permitted.

Question 10

In some states,misdemeanors are punishable by imprisonment for up to 10 years.

Question 11

Corporations,like persons,can be liable for crimes.

Question 12

Constitutional safeguards to protect the rights of individuals apply in federal courts.

Question 13

A suspect cannot be tried twice in the same court for the same crime.

Question 14

Felonies are punishable by imprisonment for more than a year or death.

Question 15

Torts are considered crimes.

Question 16

All persons who are arrested have the constitutional right to remain silent.

Question 17

The crime of theft requires the taking of property,without regard to whether the perpetrator knew it belonged to another.

Question 18

Under the exclusionary rule,illegally obtained evidence may not be included in any criminal prosecution.

Question 19

Criminal law spells out the duties that exist between persons or between citizens and their governments.

Question 20

Counterfeiting is robbery.

Question 21

Using radio transmissions to defraud is a federal crime.

Question 22

The crime of bribery occurs when the bribe is offered even if it is not accepted.

Question 23

Jared is arrested and found guilty of a misdemeanor.His punishment CANNOT include

A)imprisonment for 6 months.
B)a fine of $100.
C)death.
D)imprisonment for 6 months and a fine of $500.

Question 24

Embezzlement can be committed only by physically taking property from the possession of another.

Question 25

Divestiture of a business interest is a possible penalty under RICO.

Question 26

Crimes occurring in a business context are popularly referred to as white-collar crime.

Question 27

Smitty,driving while intoxicated,causes a car accident that results in the death of Tiffany.Smitty is arrested and charged with a felony.A felony is a crime punishable by death or imprisonment for

A)any period of time.
B)more than one year.
C)more than six months.
D)more than ten days.

Question 28

Bribing foreign officials to obtain favorable business contracts is NOT a crime.

Question 29

It is not a crime to defraud the public through the use of ads on television.

Question 30

A hacker is someone who uses one computer to break into another.

Question 31

Mike is arrested at a warehouse in North Industrial Park and is charged with the crime of theft.Mike will be prosecuted by

A)the owner of the warehouse.
B)the owner of the property that Mike is charged with stealing.
C)a public official.
D)any third party unrelated to Mike,the property,or the crime.

Question 32

Changing a trademark is forgery.

Question 33

Domino causes a disturbance at El Nino Cafe.He is arrested and charged with disorderly conduct,a misdemeanor.A misdemeanor is a crime punish?able by

A)a fine only.
B)imprisonment up to one year.
C)imprisonment up to six months.
D)imprisonment up to ten days.

Question 34

Ludwig receives from Milo a marimba stolen from Nadine.To be criminally liable,Ludwig must know

A)Milo.
B)Nadine.
C)that the marimba is stolen and Ludwig must intend to keep it.
D)what a marimba is.

Question 35

Megan is charged with trespass.Her crime is classified as a

A)misdemeanor.
B)felony.
C)tort.
D)civil wrong.

Question 36

Someone suffering from a mental illness may be incapable of the state of mind to commit a crime.

Question 37

Identity theft occurs when a wrongdoer steals another's form of identification.

Question 38

A bank employee stealing funds from a client is an example of embezzlement.

Question 39

Any act that is directed against computers and computer parts is considered a computer or cyber crime.

Question 40

Hackers often commit cyber theft.

Question 41

Robert uses television transmissions to defraud hundreds of people.He is found guilty of wire fraud.He can be punished by

A)imprisonment for up to fifty years.
B)imprisonment for up to five years and fines of up to $1,000.
C)fines up to $5 million.
D)death.

Question 42

Alan,the president of Bayside Investments,Inc.,and Colin,Bayside's accountant,are charged with a crime,after the police search Bayside's offices.Under the exclusionary rule

A)certain Bayside records are excluded from subpoena.
B)certain parties to a criminal action may be excluded from a trial.
C)illegally obtained evidence must be excluded from a trial.
D)persons who have biases that would prevent them from fairly decid?ing the case may be excluded from the jury.

Question 43

Under the ____________ Amendment,no warrants for a search or an arrest can be issued without probable cause.

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

Question 44

Scott,a State Bank employee,deposits into his account checks that are given to him by bank customers to deposit into their accounts.This is

A)embezzlement.
B)larceny.
C)money laundering.
D)no crime.

Question 45

Swinborn sells "Tyger" steroids over the Internet.He is arrested and charged with the sale of a controlled substance.This is cyber crime,which is

A)a crime in which the letter "y" is used in the misspelling of a word.
B)a crime that occurs in cyberspace.
C)a crime that is less real than the same crime in the physical world.
D)no crime.

Question 46

Posing as Platinum Bank,Oswald e-mails Nadia,asking her to update her personal banking information through a link in the e-mail.She clicks on the link and types in the data,which Oswald promptly sells to Moe.This is

A)hacking.
B)identity theft.
C)cyberterrorism.
D)bribery.

Question 47

Travis sends Una a link to a purported e-birthday card that when clicked on downloads software to her computer to record her keystrokes and send the data to Travis.He uses the data to obtain her personal information and access her financial resources.This is

A)identity theft.
B)cyberterrorism.
C)entrapment.
D)no crime.

Question 48

Herb,a computer programmer for Inventory Control Corporation,is arrested in his employer's parking lot on suspicion of larceny.Herb must be informed of his right to

A)a trial by jury.
B)punishment.
C)question witnesses.
D)remain silent.

Question 49

Under the ____________ Amendment,no one can be deprived of "life,liberty,or property without due process of law."

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

Question 50

In relation to Edie's solicitation of investors in a nonexistent business,she is charged with "mail fraud." This requires,among other things,

A)claiming that an item is "in the mail" when it is not.
B)deceiving postal authorities as to the content of an item of mail.
C)depositing items in the postal system without proper postage.
D)mailing or causing someone else to mail a writing.

Question 51

Susan is unhappy with the way her mother has made out her will.Susan gets a lawyer to draft a new will and then signs her mother's name on it without her mother's knowledge or consent.Susan has committed the crime of

A)larceny.
B)burglary.
C)robbery.
D)forgery.

Question 52

Mariah takes off her ring and places it on her desk while she works.Without her knowledge or consent,her coworker Nita picks up the ring,puts it on,and walks away.Nita has likely committed

A)burglary.
B)forgery.
C)larceny.
D)no crime.

Question 53

Jake is charged with embezzlement.Embezzlement may be committed without

A)a criminal act.
B)a criminal intent.
C)taking property from its owner.
D)the use of force or fear.

Question 54

Briana,an employee of Cotillion Bank,is charged with embezzlement,which requires

A)fraudulently appropriating another's property.
B)obtaining lawful possession of property.
C)physically taking property from its owner.
D)the use of force or fear.

Question 55

Mary enters a gas station and points a gun at the clerk.She then forces the clerk to open the cash register and give her all the money.Mary can be charged with

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

Question 56

Via the Internet,Rocky sabotages the computer system of Quik Chik'n Company,a food manufacturer,with the purpose of altering the levels of ingredients of the company's products so that consumers of the food become ill.Rocky is

A)a cyberterrorist.
B)a network employee.
C)an entrapper.
D)a prosecutor.

Question 57

William goes to Saddle Up Stables in the middle of the night when no one is around and takes five saddles.William's crime is

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

Question 58

Biff wrongfully takes an unopened carton from a Cold Storage Warehouse loading dock,puts the carton in his car,and drives away.This is

A)robbery.
B)forgery.
C)larceny.
D)no crime.

Question 59

Leah gains access to government records and alters certain dates and amounts in her favor.This is

A)embezzlement.
B)forgery.
C)larceny.
D)no crime.

Question 60

Iggy uses his computer to break into Hye Financial Center's computer.Iggy is

A)a hacker.
B)a hooter.
C)a huckster.
D)a hiccup.

Question 61

Dirk,an employee of Ergonomic Elevators,Inc.,pays Ferbie,an employee of Ergonomic's competitor G-Force Risers Company,for a secret G-Force pricing schedule.This is

A)an effective marketing strategy.
B)commercial bribery.
C)creative legal bookkeeping.
D)money laundering.

Question 62

Kino sees a DVD player on the porch of Lulu's house,takes the player to his home,and tells everyone he owns it.Maya,holding a knife,forces Nick to give her his boom box,and runs away with it.Which of these acts are crimes,and what are the differences among them?

Question 63

Bruno is a businessperson with investments in legal and illegal opera?tions.Bruno may be subject to penalties under RICO

A)for making an unprofitable,but legal,investment.
B)for the commission of any business fraud.
C)only in a case involving a "racket."
D)only in a case involving organized crime.

Question 64

Suzy works at a bank.Without authorization,Suzy accesses the bank's electronic fund transfer system.Her actions are a federal crime under the

A)Racketeer Influenced and Corrupt Organizations Act
B)Electronic Funds Transfer Act
C)National Stolen Property Act
D)Counterfeit Access Device and Computer Fraud and Abuse Act

Question 65

Patricia commits an act via e-mail against Othman Finance Company,a business in California,where the act is a cyber crime.Patricia resides in New York where the act is not a crime.Prosecution of Patricia in California involves questions of

A)jurisdiction.
B)"maximum contacts."
C)the immunity of Internet service providers.
D)encryption.

Question 66

Mona offers Ned,a building inspector,money to overlook the violations in her new warehouse.Ned accepts the money and overlooks the viola?tions. Mona is charged with the crime of bribery.The crime occurred when

A)Mona decided to offer the bribe.
B)Mona offered the bribe.
C)Ned accepted the bribe.
D)Ned overlooked the violations.

Question 67

Susan is the president of United Food Corporation,a wholesale grocery company.An inspection by Tim,a government agent,uncovers unsanitary conditions caused by Val,a United employee,in the United warehouse.Will,a United vice president,assures Tim that the situation will be corrected,but nothing is done,which a later inspection reveals.Susan knows nothing about any of this.Can United be convicted of a crime in these circumstances? Can Susan be held personally liable?

Question 68

Sandy,a businessperson,is convicted of RICO offenses.Sandy's penalties may include

A)closing a business,but not selling it.
B)not closing a business or selling it.
C)selling a business,but not closing it.
D)closing a business or selling it.

Question 69

Mae is granted immunity after she agrees to testify about a crime.Mae has an absolute privilege against self-incrimination and

A)can be prosecuted only for a crime about which she agreed to testify.
B)cannot be prosecuted for any crime.
C)cannot refuse to testify on Fifth Amendment grounds.
D)can refuse to testify on Fifth Amendment grounds.

Question 70

Jackson is accused of a cyber crime.Jackson refuses to give information related to his alleged cyber crime activities because he suspects it will be used to prosecute him.Jackson is protected by the

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

Question 71

Evan is charged with a crime.Almost all federal courts and some state courts would not hold Evan liable if,at the time of the offense,as a result of a mental disease or defect,Evan lacked substantial capacity to

A)appreciate the wrongfulness of his conduct only.
B)appreciate the wrongfulness of his conduct and obey the law.
C)appreciate the wrongfulness of his conduct or obey the law.
D)obey the law only.