Deck 5: Crimes

Question 1

Under the Foreign Corrupt Practices Act, it is legal for any American firm to offer gifts of anything of value to foreign officials.

Answer 1

False

Question 2

Crimes are usually classed as felonies or misdemeanors, depending on the seriousness of the offense.

Answer 2

True

Question 3

If the accused is insane and therefore incapable of assisting in the defense of the case, trial may be delayed until the accused regains sanity.

Answer 3

True

Question 4

Mens rea refers to _____.

A) misdemeanors
B) social condemnation
C) insanity
D) criminal intent

Question 5

The United States Constitution protects against ex post facto laws.

Question 6

The USA PATRIOT Act restricts law enforcement from using surveillance techniques with increased judicial and congressional oversight.

Question 7

Under the Sarbanes-Oxley Act of 2002, the chief executive officer and chief financial officer must certify reports submitted to the Securities and Exchange Commission.

Question 8

Before behavior can be treated as criminal, the legislature must have passed a statute making it criminal.

Question 9

Under the Sarbanes-Oxley Act of 2002, it is a misdemeanor to defraud shareholders of a publicly traded company.

Question 10

A corporate officer may sometimes be found liable even when the officer had no actual knowledge of, or control over, the activities in question.

Question 11

Under the Electronic Communications Privacy Act, an electronic communication provider may disclose the contents of an electronic communication if the disclosure was made as part of government-authorized surveillance.

Question 12

Under the Sarbanes-Oxley Act of 2002, CEOs and CFOs must reimburse the company for any bonuses or other incentive compensation if any financial reporting is misleading due to misconduct, even if the misconduct was not attributable to the CEO or CFO.

Question 13

Alex harbors a deep hatred for Malaika because she publicly humiliated him. Shane is Malaika's business partner who plots to acquire her shares and knows about Alex's resentment toward Malaika. Shane takes Alex on a drinking spree at a local bar where he provokes Alex against Malaika. In a fit of rage, Alex leaves the bar and murders Malaika at her residence. From this scenario, we can conclude that the court would most likely hold Alex:

A) incapable of premeditation and give him bail.
B) capable of premeditation and punish him for first-degree murder.
C) incapable of premeditation and punish him for second-degree murder.
D) capable of premeditation and give him the death penalty.

Question 14

Voluntary intoxication is generally a complete defense to criminal liability.

Question 15

Felonies are lesser crimes, such as traffic offenses or disorderly conduct, that are punishable by fines or confinement in a city or county jail.

Question 16

For a person to be convicted of criminal behavior, which of the following statements should be true?

A) The state must demonstrate a prior statutory prohibition of the act.
B) It should be proved that the person was insane at the time of commitment of the criminal act.
C) The criminal defendants should be presumed guilty.
D) The person should commit a criminal act before a statute prohibiting the act is brought into effect.

Question 17

Disenfranchisement refers to the loss of the right to vote:

A) due to the social stigma accompanying a criminal conviction.
B) as a result of a felony charge.
C) that might result from the conviction of a felony.
D) as a result of misdemeanor.

Question 18

According to the concept of _____, a 13-year-old accused of shoplifting cannot be convicted.

A) intoxication
B) insanity
C) premeditation
D) infancy

Question 19

A criminal prosecution is brought by the victim's family in the name of the victim.

Question 20

According to the irresistible impulse test, defendants are not criminally responsible if, due to a mental disease or defect, they lack the substantial capacity to appreciate the wrongfulness of the act or to conform their conduct to the requirements of the law.

Question 21

The _____ includes civil, criminal, and accounting reforms that drastically expand the accountability demanded of corporate officers and directors.

A) Electronic Communications Privacy Act
B) Foreign Corrupt Practices Act
C) Computer Fraud and Abuse Act
D) Sarbanes-Oxley Act

Question 22

Illegally gained evidence, such as evidence resulting from "unreasonable searches and seizures," cannot be used in criminal prosecutions. This is a safeguard for criminal defendants under:

A) the Miranda warning.
B) the exclusionary rule.
C) the right of confrontation.
D) double jeopardy.

Question 23

Which of the following statements is true about the Federal Sentencing Guidelines?

A) They are designed to establish consistent sentences for homicides only.
B) They require judges to arrive at a sentence by using a formula based on the seriousness and circumstances of the crime.
C) They specifically mandate lenient penalties and faster trials for corporations dealing with white-collar crimes.
D) They mandate a minimum one-month prison term for tax frauds.

Question 24

A young American woman named Monica killed her illegitimate child and buried the body in her backyard. Many years later, Monica called Claudio, the local policeman, and told him the entire story over the telephone before he could utter a single word. She then told him that voices from her backyard told her to confess to the crime. Monica told the police where to dig, and they unearthed a metal box containing the skeletal remains of a baby in her yard. Which of the following statements would be true of this scenario?

A) The remains cannot be used as evidence against Monica because this would violate her Fifth Amendment privilege against self-incrimination.
B) Insanity on the part of a criminal defendant can affect a criminal trial.
C) The remains cannot be used as evidence against Monica because Claudio did not inform her of her right to remain silent before she told him her story.
D) Juries are often welcoming toward insanity pleas, because they fear that innocent defendants might be punished.

Question 25

Which of the following is included in the Fifth Amendment to the U.S. Constitution?

A) Prohibition against double jeopardy
B) Prohibition against excessive bail or fines
C) The exclusionary rule
D) The right of confrontation

Question 26

Meera Ganguly is the chief executive officer and Todd Bradley is the chief financial officer of Maxwell Inc. Both unknowingly signed the financial report for the year 2006-07, which was later found to be fraudulent and misleading. Given this scenario, which of the following is true of the CEO and the CFO of Maxwell Inc.?

A) Under the Sarbanes-Oxley Act, both of them must reimburse the company.
B) Under the Sarbanes-Oxley Act, only the CEO will be liable for punishment.
C) Under RICO, both of them are required to reimburse the company.
D) Under RICO, only the CFO will be liable for punishment.

Question 27

In which of the following ways can insanity on the part of a criminal defendant affect a criminal trial?

A) The trial may be delayed until the defendant regains sanity.
B) A defendant who becomes insane before sentencing can be sentenced.
C) Insanity at the time of the criminal act will not absolve the defendant of criminal liability.
D) The court will be forced to dismiss the case.

Question 28

The _____ to the U.S. Constitution protects individuals from arbitrary and unreasonable governmental intrusion on the right to privacy.

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

Question 29

Which of the following statements is true of the Racketeer Influenced and Corrupt Organizations Act (RICO)?

A) It prohibits using income derived from racketeering activity to acquire an interest in an enterprise.
B) Companies involved in bribery do not face civil liability.
C) Participating in an enterprise through a pattern of racketeering activity is permissible.
D) To be charged for racketeering, the prosecution must prove, at a minimum, the commission of a single offense within a 10-year period.

Question 30

The responsible corporate officer doctrine:

A) directs that corporate officials and agents may be held liable for crimes they fail to prevent by neglecting to control the misconduct of those subject to their control.
B) states that officials cannot be tried for homicide and related crimes.
C) states that corporate officials have no liability if they have no knowledge of the activities in question.
D) directs that corporate officials may be tried only for crimes that they personally commit.

Question 31

The prohibition against excessive bail or fines can be found in the _____ to the U.S. Constitution.

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

Question 32

Which of the following is true under the Sarbanes-Oxley Act of 2002?

A) To defraud shareholders of a publicly traded company is considered a misdemeanor.
B) It covers civil and criminal reforms that expand the accountability of corporate officers but does not include accounting reforms.
C) It states that there should be procedures to ensure legal protection for whistleblowers.
D) It states that chief executive officers and chief financial officers cannot be held liable for any misconduct.

Question 33

Under the Racketeer Influenced and Corrupt Organizations Act (RICO), _____ is considered a racketeering activity.

A) arson
B) homicide
C) extortion
D) larceny

Question 34

One of the major criticisms against the USA PATRIOT Act is that it:

A) increases judicial and congressional oversight on the use of increased surveillance techniques.
B) compromises the public's Fourth Amendment rights.
C) tips the balance too heavily in the individual's favor.
D) decreases the information-sharing power between investigative agencies.

Question 35

What is a white-collar crime?

A) It is a nonviolent crime committed by any individual against businesspersons and organizations.
B) It is a violent terrorism-related crime that poses significant threat to the general public.
C) It is a nonviolent crime committed by businesspersons and organizations.
D) It is a violent crime committed by any person belonging to a lower social class.

Question 36

Both federal and state laws spell out the specifics of cybercrime. Which of the following statements is true of these laws?

A) Only an individual may face liability based on the use of electronic communication; corporations are out of their purview.
B) Altering data stored in another person's computer is not considered illegal.
C) A corporation is not liable for the online activities of its employees.
D) Accessing the services of a commercial service provider without paying fees is a crime.

Question 37

Under the Fourth Amendment to the U.S. Constitution, when assessing whether a governmental action has infringed on an individual's rights, the court:

A) will always grant the government the ability to do whatever it deems necessary.
B) must balance the governmental need against the rights of the individual.
C) will always rule in favor of individual rights over that of the government.
D) must balance both, but ultimately grant the government the ability to do whatever it deems necessary.

Question 38

Under the mandates of the Racketeer Influenced and Corrupt Organizations Act (RICO), an individual injured by the racketeering activity of a company can:

A) claim three times the damage plus attorneys' fees.
B) claim four times the damage plus attorneys' fees.
C) claim only up to two times the damage plus attorneys' fees.
D) recover the basic amount lost plus attorneys' fees.

Question 39

Which of the following statements is true of the Miranda warning?

A) It is a protection offered to the U.S. citizens under the Eighth Amendment.
B) It gives defendants the right to a speedy, public trial by a jury of their peers.
C) It allows persons accused of crimes the right to confront and cross-examine their accusers.
D) It requires the police to inform persons taken into custody of their right to remain silent.

Question 40

Which of the following is an example of cooperative antibribery efforts aimed at combating corruption in international business dealings?

A) The ECPA
B) The CFAA
C) The IACAC
D) The CSEA

Question 41

Drafted under U.S. influence, the Council of Europe's "Convention on Cybercrime" obligates participating countries to:

A) disclose private information to government agents.
B) create a "do-not-e-mail" registry.
C) outlaw commercial copyright infringement.
D) send out unsolicited commercial e-mails.

Question 42

Discuss the responsible corporate officer doctrine.

Question 43

Discuss how insanity on the part of the criminal defendant can affect the criminal trial.

Question 44

Which of the following acts protects against unauthorized interception of electronic communications?

A) The Wiretap Act
B) The Stored Communication Act
C) The Computer Fraud and Abuse Act
D) The Cyber Security Enhancement Act

Question 45

The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM):

A) requires that all e-mail messages be labeled.
B) requires that unsolicited commercial e-mail include opt-out instructions.
C) prohibits interference with computers used by the government or financial institutions.
D) allows an ISP to disclose private information to a government agent if the provider believes that the information concerns a serious crime.

Question 46

Describe the various criminal provisions of the Sarbanes-Oxley Act of 2002.

Question 47

The Computer Fraud and Abuse Act:

A) includes only criminal penalties.
B) prohibits interference with computers used by the government or financial institutions.
C) prohibits an authorized person from unknowingly transmitting a code to a computer used in interstate commerce.
D) enables providers to disclose the contents of electronic communication to intelligence officials under any circumstance.

Question 48

Explain the constitutional prohibition against ex post facto laws.

Question 49

Which of the following statements is true about the Cyber Security Enhancement Act of 2002 (CSEA)?

A) It prohibits acts of acquiring or maintaining an interest in an enterprise through racketeering activity.
B) It authorizes death penalty for individuals who knowingly or recklessly commit a computer crime specifically in foreign commerce.
C) It authorizes a 10-year sentence for individuals who recklessly commit a computer crime that results in serious bodily injury.
D) It allows an ISP to disclose private information to a government agent if the ISP believes that the information concerns a serious crime.

Question 50

Describe the recent movement to decriminalize certain types of behavior.