Deck 10: Criminal Law and Cyber Crime

Question 1

Under the Fourth Amendment, general searches through a person's belongings are permissible.

Answer 1

False

Question 2

The only defense to criminal liability that justifies the use of force is self-defense.

Answer 2

False

Question 3

Racketeering is a single crime-engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds.

Answer 3

False

Question 4

Once immunity is given, a person has an absolute privilege against self-incrimination and can no longer refuse to testify on Fifth Amendment grounds.

Question 5

A company takes a risk by electronically storing their online customers' credit-card numbers.

Question 6

The crime of bribery occurs when the bribe is offered-it is not required that the bribe be accepted.

Question 7

The theft of trade secrets is a civil wrong but not a crime.

Question 8

In a phishing attack, a perpetrator "fishes" for financial data and passwords from consumers by posing as a legitimate business.

Question 9

In a criminal case, the state must prove its case by a preponderance of the evidence.

Question 10

Corporate officers and directors may be held criminally liable for the actions of employees under their supervision.

Question 11

The federal criminal code lists more than four thousand criminal offenses, all of which require a specific mental state.

Question 12

An employer's failure to remit state withholding taxes that were collected from employee wages cannot constitute a crime.

Question 13

One element that normally must exist for a person to be convicted of a crime is the performance of a prohibited act.

Question 14

In the event of a RICO violation, the government can seek the divestiture of a defendant's interest in a business.

Question 15

For most crimes, the state must initiate prosecution within a certain number of years after the crime occurs.

Question 16

The sanctions imposed on criminal wrongdoers are the same as those applied in civil cases.

Question 17

The crime of theft requires only the taking of another person's property, not the awareness that the property belongs to another.

Question 18

Falsifying public records or altering a legal document is larceny.

Question 19

If a person in custody is to be subjected to interrogation, he or she must first be informed in clear and unequivocal terms that he or she has the right to remain silent.

Question 20

No federal statute specifically addresses cyber crime.

Question 21

Laird is an employee of Motor Parts, an auto parts store. On the orders of his employer, he switches trademarks on parts that come into the store to be sold to consumers. This is most likely

A) forgery.
B) larceny.
C) robbery.
D) obtaining goods by false pretenses.

Question 22

Kimberly, the owner of Littleton Cinema, trusts Max to manage the theater's daily cash flow. One night, without Kimberly's knowledge or consent, Max takes and keeps $1,000 from the receipts. This is most likely

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

Question 23

Dreyfus points a gun at Eton, threatening to shoot him if he does not steal from his employer, Freddy's Gas & Shop store, and give the stolen funds to Dreyfus. Charged with theft, Eton can successfully claim, as a defense

A) nothing.
B) duress.
C) entrapment.
D) self-defense.

Question 24

Quiana, an employee of Reservations for Less, Inc., pays Svetlana, an employee of Reservations for Less' competi?tor Travel Cheap, Inc., for a secret Reservations for Less pricing schedule. This may be

A) an effective marketing strategy.
B) commercial bribery.
C) insider trading.
D) money laundering.

Question 25

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

A) burglary.
B) robbery.
C) larceny.
D) receiving stolen property.

Question 26

Via the Internet, Porcio sabotages the computer system of Quik Chik'n Company, a fast-food restaurant operator, to alter the ingredients in the company's recipes and products so that consumers of the foods become ill. Porcio is a

A) cyberterrorist.
B) botnet.
C) virus.
D) worm.

Question 27

Megan reaches into Ned's pocket and takes his wallet-without his consent and without his immediate awareness. Unlike robbery, picking pockets does not involve

A) breaking and entering.
B) force or fear.
C) large amounts of cash.
D) weapons.

Question 28

Owen uses the Internet to defraud Prairie Valley Credit Union. He is found guilty of wire fraud. He can be punished by

A) imprisonment for not more than one year.
B) imprisonment for up to thirty years and fines of up to $1 million.
C) fines for not more than $50,000.
D) death.

Question 29

Klay arrests Leonida on suspicion of embezzlement. According to the United States Supreme Court in Case 10.3, Miranda v. Arizona, Leonida must be apprised of certain constitutional rights

A) after any police interrogation.
B) at any time during police interrogation.
C) only at the request of the suspect's attorney.
D) prior to any police interrogation.

Question 30

Posing as Platinum Bank, Quentin e-mails Rachel, 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 Quentin promptly sells to Spence. This is

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

Question 31

Eartha receives from Fergie a guitar stolen from Harper. To be criminally liable, Eartha must

A) know that Fergie is the thief.
B) know that Harper is the true owner.
C) know that the guitar is stolen.
D) have paid for the guitar .

Question 32

Reno, driving while intoxicated, causes a car accident that results in the death of Santo. Reno 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 33

Chaz uses his computer to secretly install software on thousands of personal computers without their owners' knowledge. The program can reproduce itself and spread from one computer to another via any USB port. This program is a

A) hacker.
B) botnet.
C) virus.
D) worm.

Question 34

Landon is arrested at a warehouse in Metro Corporate Park. A government prosecutor issues a formal charge against Landon for receiving stolen property. This charge is an

A) arraignment.
B) indictment.
C) information.
D) interrogation.

Question 35

Farouk uses his computer to break into Global Financial Center's computer. Farouk is a

A) hacker.
B) virus.
C) phisher.
D) worm.

Question 36

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

A) a new category of crime that is not related to older types of crime.
B) a crime that occurs in the virtual community of the Internet.
C) a crime that is less real than the same crime in the physical world.
D) no crime.

Question 37

Skip is accused of a crime. Skip can refuse to provide information about his allegedly criminal activities

A) if he suspects the information will be used to prosecute him.
B) if the police do not promise to keep the information confidential.
C) if the information is "fruit of the poisonous tree."
D) under no circumstances.

Question 38

Leslie commits an act via e-mail against Money Investment Company, a business in New York, where the act is a cyber crime. Leslie resides in Ohio, where the act is not a crime. Prosecution of Leslie in New York involves questions of

A) jurisdiction.
B) malware.
C) phishing.
D) service-based hacking.

Question 39

Gem programs software to prompt a computer to continually crash and reboot. Gem intends to install this program on various companies' computer systems without the companies' knowledge. The program can reproduce itself, but must be attached to a host file to travel from one computer network to another. This program is a

A) hacker.
B) botnet.
C) virus.
D) worm.

Question 40

Nini, a police officer, wants to search the offices of Operational Business Corporation. She asks Judge Pearl to issue a warrant. Under the Fourth Amendment, no warrant for a search can be issued without

A) double jeopardy.
B) probable cause.
C) reasonable doubt.
D) immunity.

Question 41

Cameron is an accountant in the accounting department of Data Analytics Company. Cameron's son's college tuition is due within a week, or he cannot continue taking classes. To meet the due date, Cameron transfers funds from Data Analytics to a fictitious bank account, planning to repay the firm within one month. The transfer is discovered before the firm is re?paid, and Cameron is arrested. What crime, or crimes, if any, has Cameron committed?

Question 42

Babs sees an e-book reader on the porch of Coco's house, takes the reader to her home, and tells everyone she owns it. Danno, wielding a knife, forces Easter to give him her smartphone, and runs away with it. Fritz breaks into Ginger's apartment, takes a laptop, and leaves. Hazel sells Idi an expensive wristwatch for a fraction of its value, admitting that the watch is stolen property but claiming that she is not the thief. Which of these acts are crimes, and what are the differences among them?