13 Key 1. The classification of crime is based on the punishment imposed in the event of a conviction of the alleged crime. Answer: True Crimes are classified as felonies or misdemeanors. This classification is based on the punishment imposed if the person is convicted of the alleged crime. 2. Misdemeanors are punishable by a mandatory jail sentence of 12 months. Answer: False Misdemeanors are punishable by a fine or jail sentence of less than one year. 3. Felony cases are commenced with the filing of an information, and misdemeanors are usually commenced with an indictment. Answer: False Felony cases are commenced by a grand jury indictment; misdemeanour cases are usually commenced when the government files a charge called an information. 4. A defendant might plead nolo contender to avoid a criminal conviction being used as a basis for a civil suit. Answer: True Criminal convictions may provide a basis for civil damage suits. This can be avoided by the nolo contendere plea. 5. The grand jury does not make a determination of guilt. Answer: True The grand jury does not attempt to determine if the accused is guilty, only that probable cause exists to believe the accused committed the crime. 6. Once a grand jury is convened, all members must be present to hear evidence and vote on cases. Answer: False At least 16 persons must be present for the grand jury to hear evidence and vote on cases. For an indictment to be returned, a majority of the grand jury must find that a crime has been committed and that the evidence is sufficient to warrant the accused's standing trial. 7. The grand jury attempts to determine that a probable cause exists to believe that the accused committed the crime. Answer: True The grand jury does not attempt to determine if the accused is guilty, only that probable cause exists to believe the accused committed the crime. 8. Grand juries have subpoena powers. Answer: True Grand jurors may also subpoena business records. 9. The Bill of Rights was passed because of concern over the power given to a central government, at the expense of the individual citizen, by the Constitution. Answer: True The Bill of Rights was Congress's response to concerns that the Constitution gave too much power to a central government at the expense of the individual citizen. 10. A city building inspector, inspecting for building code violations, must obtain a search warrant if the owner of the premises objects to the search. Answer: True Building inspectors do not have the right to inspect for building code violations without a warrant if the owner of the premises objects. 11. To protect individual citizens, courts have held that police officers making an arrest need a search warrant to search that person and the immediate area around that person for weapons. Answer: False To protect police officers, courts have held that officers making an arrest do not need a search warrant to search that person and the immediate area around that person for weapons. 12. Mere silence can invoke Miranda protections. Answer: False Mere silence does not invoke Miranda protections. 13. Employees of some businesses do not have Fourth Amendment protections because of public policy considerations. Answer: True Employees of some businesses also do not have Fourth Amendment protection because of public policy. For example, alcohol and drug testing of railroad employees and airline pilots cannot be successfully challenged using the Fourth Amendment. 14. The Fifth Amendment right against self-incrimination does not protect the accused from being compelled to produce real or physical evidence. Answer: True The Fifth Amendment does not protect the accused from being compelled to produce real or physical evidence. 15. The protection against compulsory self-incrimination applies to corporations, including professional corporations and partnerships. Answer: False The protection against compulsory self-incrimination does not apply to corporations, including professional corporations and partnerships. 16. In a criminal trial, when a defendant is found innocent, the prosecution always has the right to a second trial. Answer: False In its essence, the double jeopardy clause keeps a U.S. district attorney from having a second trial on the same facts if a defendant is found innocent or has the charges dismissed. 17. Courts do not allow individuals to be tried twice by the same governmental entity for the same crime based on the same factual situation. Answer: True Courts do not allow individuals to be tried twice by the same governmental entity for the same crime based on the same factual situation. 18. The double jeopardy law prohibits two trials in cases when an illegal activity has violated both federal and state laws. Answer: False If an illegal activity violates both federal and state laws, double jeopardy does not prohibit two trials, one in federal court and the other in the state court system. 19. The Sixth Amendment gives the right to a speedy jury trial in a criminal matter. Answer: True The Sixth Amendment, like the Fifth, provides multiple protections in criminal cases. Its protections give you the right to a speedy and public trial; to a trial by jury; to be informed of the charge against you; to confront your accuser; to subpoena witnesses in your favour; to have the assistance of an attorney. 20. The Sixth Amendment gives the right to a speedy jury trial in a criminal matter. Answer: True The Sixth Amendment, like the Fifth, provides multiple protections in criminal cases. Its protections give you the right to a speedy and public trial; to a trial by jury; to be informed of the charge against you; to confront your accuser; to subpoena witnesses in your favour; to have the assistance of an attorney. 21. The right to a jury trial does not extend to state juvenile court proceedings. Answer: True The right to a jury trial does not extend to state juvenile court delinquency proceedings because they are not criminal prosecutions. 22. The right to an attorney exists in any cases where incarceration is a possible punishment. Answer: True The right to an attorney exists in any cases where incarceration is a possible punishment. 23. In a case of fraud, the government must prove actual reliance upon the defendant's misrepresentation. Answer: False The government must establish beyond a reasonable doubt that the defendant acted with specific intent to defraud. The government does not have to prove actual reliance upon the defendant's misrepresentations. 24. Unsuccessful concealment can be used as a defense in case of a bankruptcy crime. Answer: False It is no defense that the concealment may have proved unsuccessful. 25. A conspiracy is a formal agreement for criminal purposes. Answer: False A conspiracy is an agreement or a "kind of partnership" for criminal purposes in which each member becomes the agent or partner of every other member. A formal agreement is not required, and all members of the conspiracy need not plan all of the details of the scheme. 26. A person may be convicted of conspiracy even if he or she did not know all the details of the unlawful scheme. Answer: True A person may be convicted of conspiracy even if he or she did not know all the details of the unlawful scheme. 27. A person can be charged with conspiracy even if the individual becomes involved after the conspiracy is stopped and the criminal conduct does not occur. Answer: True A person can be charged with conspiracy even if the individual becomes involved after the conspiracy is stopped and the criminal conduct does not occur. 28. An insured bank is one whose deposits are insured by the Federal Deposit Insurance Corporation. Answer: True An insured bank is one whose deposits are insured by the Federal Deposit Insurance Corporation. 29. Burglary, by definition is always a theft crime. Answer: False Breaking into a building with the intent to commit a felony is burglary. 30. In cases of conspiracies, indictments charge persons involved only with the crime of conspiring. Answer: False Indictments often charge persons both with a conspiracy to commit a crime and with aiding and abetting others to do so. 31. Because a corporation can't be put in jail, a corporation cannot face criminal charges. Answer: False Because corporations cannot be jailed, the sentencing commission has developed special guidelines for sentencing organizations convicted of federal crimes. 32. ________ is an important element of many criminal laws. A. Intent B. Information C. Indictment D. Disregard E. Presumption Answer: A. Intent Intent is an important element of many criminal laws. 33. Which of the following is true of nolo contendere? A. It excuses a defendant from jail sentence. B. It allows the prosecutors to bring forth a civil and a criminal suit against the defendant. C. It imposes the cost of the trial on the defendant. D. It avoids criminal convictions forming a basis for civil suits. E. It allows the defendant to plead guilty in court and avoid jail sentence Answer: D. It avoids criminal convictions forming a basis for civil suits. Criminal convictions may provide a basis for civil damage suits. This can be avoided by the nolo contendere plea. 34. Which of the following is true of grand and petit juries? A. Grand juries have the same rights and duties as petit juries. B. Grand juries determine the guilt or the innocence of the accused. C. Petit juries determine the guilt or the innocence of the accused. D. Petit juries determine if there is sufficient evidence to warrant a trial. E. Grand juries present the evidence to determine the guilt or innocence of an accused. Answer: C. Petit juries determine the guilt or the innocence of the accused. A grand jury determines if there is sufficient evidence to warrant a trial. A petit jury determines the guilt or innocence of the accused. 35. Which of the following is not a possible plea for a defendant in a criminal case? A. Guilty B. Entrapment C. Not guilty D. Nolo contendere E. No contest Answer: B. Entrapment In a criminal case, the defendant has three possible pleas to enter: guilty, not guilty, or nolo contendere. 36. The classification of crime is based on: A. location. B. prior record. C. punishment imposed if convicted. D. the judge's prerogative. E. the jury's indictment. Answer: C. punishment imposed if convicted. Crimes are classified as felonies or misdemeanors. This classification is based on the punishment imposed if the person is convicted of the alleged crime. 37. are punishable by a fine or jail sentence of less than one year. A. Felonies B. Conspiracies C. Frauds D. Misdemeanors E. Disparagements Answer: D. Misdemeanors Misdemeanors are punishable by a fine or jail sentence of less than one year. 38. Which of the following is true of a grand jury? A. A grand jury attempts to determine if the accused is guilty or innocent. B. A grand jury also serves to be an investigative body. C. A grand jury consists of sixteen citizens. D. A grand jury presents the evidence to determine the guilt of the accused. E. A grand jury consists of a group of bureaucrats and lawyers. Answer: B. A grand jury also serves to be an investigative body. Grand juries also serve as an investigative body and occupy a unique role in our criminal justice system. 39. The determination that a crime has been committed and that the evidence presented is sufficient to warrant the accused's standing trial is known as ________. A. presumption of innocence B. nolo contendere C. indictment D. double jeopardy E. probable cause Answer: E. probable cause For an indictment to be returned, a majority of the grand jury must find that a crime has been committed and that the evidence is sufficient to warrant the accused's standing trial. This determination is probable cause. 40. A grand jury transcript may be used at a trial to: A. make additional charges. B. impeach a witness. C. substitute for testimony of witnesses unavailable at trial. D. give a judge background and insight as to how the indictment was arrived at. E. pronounce the guilt of the accused. Answer: B. impeach a witness. A defendant may use a grand jury transcript at a trial to impeach a witness, to refresh the witness's recollection, or to test his or her credibility. 41. _______ must be obtained by the police prior to a search of a person, any premises, or other property such as the trunk of an automobile. A. Evidence authorizations B. Seizure orders C. Charging orders D. Court-authorizations E. Search warrants Answer: E. Search warrants As a general rule, the search warrant must be obtained by the police prior to a search of a person, any premises, or other property such as the trunk of an automobile. 42. Which of the following is true of the right to search a person, automobile, or premises? A. Officers making an arrest do not need a search warrant to search the arrested person. B. Officers making an arrest need a search warrant to search the immediate area around that person for weapons. C. The right to search for evidence is not extended to the premises of persons not suspected of criminal conduct. D. Building inspectors have the right to inspect for building code violations without a warrant if the owner of the premises objects. E. A warrantless inspection of commercial premises is unconstitutional and violates the Fourth Amendment. Answer: A. Officers making an arrest do not need a search warrant to search the arrested person. To protect police officers, courts have held that officers making an arrest do not need a search warrant to search that person and the immediate area around that person for weapons. 43. In which of the following is there no expectation of privacy, while there is an irrevocable consent to a warrantless search? A. A person living in his apartment. B. A building suspected to have violated a building code. C. A lawyer's office. D. Presenting oneself at an airport checkpoint. E. A celebrity having a party on her premises. Answer: D. Presenting oneself at an airport checkpoint. Presenting oneself at an airport checkpoint is an irrevocable consent to a warrantless search. 44. Police officers arresting someone: A. do not need a search warrant to look in the immediate area for a weapon. B. must have a search warrant to look for weapons. C. must have a search warrant to search the person being arrested. D. must have a search warrant to arrest the person. E. must have a search warrant to search vehicles, persons, or goods arriving in the United States. Answer: A. do not need a search warrant to look in the immediate area for a weapon. To protect police officers, courts have held that officers making an arrest do not need a search warrant to search that person and the immediate area around that person for weapons. 45. The Fifth Amendment provides in part that no "person shall be subject for the same offense to be twice put in jeopardy of life or limb." This is known as the _________. A. exculpatory clause B. double jeopardy clause C. defendant protection clause D. specific crime clause E. double trial clause Answer: B. double jeopardy clause The Fifth Amendment provides in part that no "person [shall] be subject for the same offense to be twice put in jeopardy of life or limb." This language is known as the double jeopardy clause. 46. Double jeopardy means: A. committing the same crime twice. B. the prohibition of trials of the same crime in state and federal courts. C. losing the trial and the appeal in the same case. D. being arrested for gambling. E. being tried to a verdict for the same crime twice. Answer: E. being tried to a verdict for the same crime twice. The Fifth Amendment provides in part that no "person [shall] be subject for the same offense to be twice put in jeopardy of life or limb." This language is known as the double jeopardy clause. 47. Which of the following is true of the double jeopardy clause? A. It states that a person can be tried twice for the same offense under criminal and civil law. B. It states that a person cannot be tried twice even if the same crime violates both federal and the state laws. C. It states that a federal and state governmental prosecutor cannot cooperate for one conviction. D. It states that if the factual evidence is the same, an individual can be tried twice under different sections of law. E. It states that if an illegal activity violates both federal and state laws, an individual can be tried twice. Answer: E. It states that if an illegal activity violates both federal and state laws, an individual can be tried twice. If an illegal activity violates both federal and state laws, double jeopardy does not prohibit two trials, one in federal court and the other in the state court system. 48. In state juvenile proceedings, juveniles do not have the right to: A. counsel. B. a jury trial. C. confront witnesses. D. cross-examine witnesses. E. trials. Answer: B. a jury trial. The right to a jury trial does not extend to state juvenile court delinquency proceedings because they are not criminal prosecutions. 49. _________ is a plan or a program designed to take from a person the tangible right of honest services. A. Theft by deception B. Scheme to defraud C. Intent to defraud D. Fraudulent misrepresentation E. Disparagement Answer: B. Scheme to defraud A prosecutor must establish the presence of a scheme to defraud —a plan or program designed to take from a person the tangible right of honest services. 50. Which of the following is an example of larceny? A. A person caught for shoplifting. B. A shoplifter threatening the manager with a gun. C. A person breaks into a shop to steal but is unable to do so. D. A cashier of a store steals money from the cash register. E. Two people partner to rob a neighbourhood store. Answer: A. A person caught for shoplifting. Larceny is commonly referred to as theft or stealing. Shoplifting by customers is a common form of larceny. 51. Which of the following is an example of ponzi schemes? A. Ursula pays an advance of $500 to Stan Electronics for a microwave oven, which is not delivered to her as promised. B. Harry assumes his father, Tom's, identity, when swiping Tom's credit card for purchases and signing the receipts. C. Jenny receives a call from a person selling mobile phones, and purchases a phone by giving her financial information to the unknown caller. D. Heidi receives an e-mail which offers her an opportunity to share a percentage of millions of dollars. E. James invests his funds with Tim, who gives James ‘high returns', but flees with the remainder money after attracting new investors. Answer: E. James invests his funds with Tim, who gives James ‘high returns', but flees with the remainder money after attracting new investors. Ponzi Schemes are frauds are a kind of investment fraud where the operator promises high financial returns or dividends that are not available through traditional investments. Instead of investing the funds, the operator pays "dividends" to initial investors, then once he has a sufficient number of new investors, the operator flees with the remainder of the money. 52. A statement or representation is _________ if it is known to be untrue or is made with reckless indifference as to its truth or falsity. A. fraudulent B. a material fact C. a felony D. a misdemeanour E. in good faith Answer: A. fraudulent A statement or representation is false or fraudulent if it is known to be untrue or is made with reckless indifference as to its truth or falsity. 53. Which of the following is true of a material fact? A. It means to act knowingly and with a specific intent to deceive someone, ordinarily for financial gain or causing financial loss to that person. B. It is a plan or a program designed to take from a person the tangible right of honest services. C. It is important to a reasonable person in deciding whether or not to engage in a particular transaction. D. It can be a defense to a contract and can also form the basis of a civil tort action. E. It is a statement or representation that is known to be untrue or is made with reckless indifference as to its truth or falsity. Answer: C. It is important to a reasonable person in deciding whether or not to engage in a particular transaction. A material fact is a fact that would be important to a reasonable person in deciding whether to engage or not to engage in a particular transaction. 54. _________ is a complete defense to fraud as it is inconsistent with the defendant's intent to defraud or wilfulness, essential to the charges. A. Negligence B. Good faith C. Intention D. Reasonableness E. Lack of knowledge Answer: B. Good faith Good faith is a complete defense because good faith on the part of a defendant is inconsistent with intent to defraud or willfulness, purposes essential to the charges. 55. Which of the following is true to prove the intent to fraud? A. The defendant must establish beyond a reasonable doubt that he did not have the intent to defraud. B. The government has to prove actual reliance on the defendant's misrepresentations. C. The government has to produce a proof of damages to apply criminal liability for mail and wire fraud. D. The government must establish beyond a reasonable doubt that the defendant acted with a specific intent to defraud. E. The defendant has to prove that he/she acted in good faith and that his/her actions caused no damages to the government. Answer: D. The government must establish beyond a reasonable doubt that the defendant acted with a specific intent to defraud. The government must establish beyond a reasonable doubt that the defendant acted with specific intent to defraud. 56. Who has the burden of proof to prove the presence of a scheme to defraud? A. Government B. Defendant C. Judge D. Jury E. Plaintiff Answer: A. Government The burden of proof is not on the defendant to prove good faith or honesty, because he or she has no burden to prove anything. The government must establish beyond a reasonable doubt that the defendant acted with specific intent to defraud. 57. Which of the following is true of phishing? A. Rummaging through the trash looking for personal information. B. Pretending to be financial institutions or companies to get individuals to reveal their personal information. C. Stealing credit/debit card numbers using a special storage device when processing a card. D. Diverting billing statements to other locations. E. Stealing wallets, purses, mail, credit cards, checks, tax information and so forth. Answer: B. Pretending to be financial institutions or companies to get individuals to reveal their personal information. Phishing: Pretending to be financial institutions or companies to get individuals to reveal their personal information. 58. Stealing credit card or debit card information by using a special storage device when someone is processing their card is called: A. phishing. B. hacking. C. infringing. D. spamming E. skimming Answer: E. skimming Skimming is stealing credit/debit card numbers using a special storage device when processing a card. 59. If a debtor falsifies the information filed in a bankruptcy proceeding, the debtor is said to have committed: A. a crime. B. an offense of concealment. C. a counterfeit. D. a conspiracy. E. a wire fraud. Answer: A. a crime. It is a crime for the bankrupt debtor to falsify the information filed in the bankruptcy proceedings. 60. Any person, including the debtor, in possession of property belonging to the estate of a debtor in bankruptcy is guilty of ________ if he or she conceals the property from the person charged with control of the property in the bankruptcy proceeding. A. a misdemeanor B. counterfeiting C. a felony D. conspiracy E. larceny Answer: C. a felony Any person, including the debtor, in possession of property belonging to the estate of a debtor in bankruptcy is guilty of a felony if he or she conceals the property from the person charged with control of the property in the bankruptcy proceeding. 61. Shawn has filed for bankruptcy. However, he has not mentioned his farmhouse in Farmington in the bankruptcy proceedings. The farmhouse has been recovered by the mortgage firm and included in the proceedings. Which of the following is true in this case? A. Shawn will be held guilty for the offense of concealment. B. Shawn can use the recovery of the estate as a defense to his concealment. C. Shawn is guilty of larceny as he did not reveal his estate during bankruptcy proceedings. D. Shawn can be held guilty for counterfeiting. E. Shawn is likely to be held not guilty since the estate was recovered and included in the proceedings. Answer: A. Shawn will be held guilty for the offense of concealment. It is no defense that the concealment may have proved unsuccessful. Even though the property in question is recovered for the debtor's estate, the defendant may still be guilty of concealment. 62. _______ is an agreement or a "kind of partnership" for criminal purposes in which each member becomes the agent or partner of every other member. A. Felony B. Bankruptcy crime C. Counterfeit D. Conspiracy E. Misdemeanor Answer: D. Conspiracy A conspiracy is an agreement or a "kind of partnership" for criminal purposes in which each member becomes the agent or partner of every other member. 63. To convict a person of a conspiracy: A. a formal agreement between all members must exist. B. all members must plan all details of the scheme. C. one person must plan and commit the crime. D. two or more people must be involved in some aspect of the scheme. E. the victim must prove damages suffered due to the act of two or more individuals. Answer: D. two or more people must be involved in some aspect of the scheme. To convict a person of a conspiracy, it is not necessary for the government to prove the conspirators actually succeeded in accomplishing their intended crime. The evidence must show beyond a reasonable doubt that two or more persons, in some way or manner, came to a mutual understanding to try to accomplish a common and unlawful plan. 64. Any transaction or event knowingly committed by a conspirator in an attempt to accomplish some object of the conspiracy is called an: A. object act. B. oblique act. C. overt act. D. obligatory act. E. objective act. Answer: C. overt act. An overt act is any transaction or event knowingly committed by a conspirator in an effort to accomplish some object of the conspiracy. 65. An overt act is: A. an act with the intent to obstruct the legislative process or a judicial process. B. an attempt by a bankrupt debtor to falsify the information filed in the bankruptcy proceedings. C. a means to secrete, falsify, mutilate, fraudulently transfer, withhold information or knowledge required by law to be made known. D. an agreement or a "kind of partnership" for criminal purposes in which each member becomes the agent or partner of every other member. E. any transaction or event knowingly committed by a conspirator in an effort to accomplish some object of the conspiracy. Answer: E. any transaction or event knowingly committed by a conspirator in an effort to accomplish some object of the conspiracy. An overt act is any transaction or event knowingly committed by a conspirator in an effort to accomplish some object of the conspiracy. 66. When an individual commits an act with the intent to obstruct the legislative process or a judicial process, he/she is guilty of ________. A. larceny B. an overt act C. obstruction of justice D. fraud in judicial process E. conspiracy Answer: C. obstruction of justice Obstruction of justice occurs when an individual commits an act with the intent to obstruct the legislative process or a judicial process. 67. _______ is the unlawful taking of personal property with the intent to deprive the rightful owner of it permanently. A. Burglary B. Robbery C. Larceny D. Conspiracy E. Embezzlement Answer: C. Larceny Larceny is the unlawful taking of personal property with the intent to deprive the rightful owner of it permanently. 68. Tom enters Kathy's home through a closed window intending to steal a painting that she has in her bedroom. When he gets to her bedroom door he hears that she isn't alone so he leaves. Which of the following is true of this situation? A. Tom is guilty of larceny. B. Tom will be held guilty for robbery. C. Tom has committed burglary. D. Tom did not take anything, hence is not guilty. E. Tom can be held guilty of theft in deception. Answer: C. Tom has committed burglary. Breaking into a building with the intent to commit a felony is burglary. 69. Thelma and Louise are out on a Friday night bar hopping. Thelma is driving to the next bar when Louise asks her to stop at a convenience store so she can "make a withdrawal". Thelma thinks that Louise is using an ATM when in fact Louise has pulled a gun from her purse and held up the store. Louise fires no shots and walks out of the store as calm as can be. The police arrest both at the next bar stop. Louise is guilty of: A. aiding and abetting. B. robbery. C. conspiracy. D. fraud. E. burglary. Answer: B. robbery. Larceny by violence or threat such as with a gun is robbery. 70. _________ occurs when an employee appropriates funds of his employer to his or her own use. A. Burglary B. Robbery C. Larceny D. Conspiracy E. Embezzlement Answer: E. Embezzlement If an employee appropriates funds of his employer to his or her own use, the employee is guilty of embezzlement. 71. Albert has falsely reported income, which he obtained from illegally selling drugs in his neighborhood, as income obtained from his job at Seven Eleven Mart. Albert is guilty of which of the following? A. Larceny B. Embezzlement C. Money laundering D. Burglary E. Robbery Answer: C. Money laundering Money laundering is falsely reporting income that is obtained through criminal "dirty" activity as income obtained through a legitimate "clean" business enterprise. 72. is defined as any act or threat involving specified state law crimes, any "act" indictable under various specified federal statutes, and certain federal "offenses." A. Fraudulent misrepresentation B. Racketeering C. Money laundering D. Embezzlement E. Larceny Answer: B. Racketeering Racketeering is defined in RICO to mean "any act or threat involving" specified state law crimes, any "act" indictable under various specified federal statutes and certain federal "offenses." 73. To prove a pattern of racketeering the government must show: A. Two acts of racketeering in a five year period. B. Five acts of racketeering in a five year period. C. Two acts of racketeering in a ten year period. D. Five acts of racketeering in a ten year period. E. One act of racketeering in a five year period. Answer: C. Two acts of racketeering in a ten year period. As to the term pattern, the statute says only that it "requires at least two acts of racketeering activity" within a 10-year period. 74. If a person acts under the direction of someone accused of criminal activities, this person might be held responsible for ________. A. conspiracy B. endangerment C. embezzlement D. aiding and abetting E. accessory before crime Answer: D. aiding and abetting If a person acts under the direction of someone accused of criminal activities, this person might be held responsible for aiding and abetting in the commission of the crime. 75. Rico has been trying hard to get a certain building contract for his company. He decides to go the extra mile and talk to the government official who is managing the building contract allotment. Rico promises the official a ‘treat' if he directs the contract to Rico's company. Which of the following can Rico be held guilty for? A. Aiding and abetting B. Money laundering C. Kickbacks D. Embezzlement E. Larceny Answer: C. Kickbacks Kickbacks are payments made to a person who has facilitated a transaction. 76. To make the criminal system more just and to help ensure that similar crimes receive similar sentences, in the late 1980s a federal sentencing commission developed for federal crimes. A. a statute of frauds. B. state law. C. local statutes. D. codes of analytic. E. sentencing guidelines. Answer: E. sentencing guidelines. To make the criminal system more just and to help ensure that similar crimes receive similar sentences, in the late 1980s a federal sentencing commission developed sentencing guidelines for federal crimes. 77. What is the different between grand jury and petit jury? Answer: Grand juries are different from petit juries. A grand jury determines if there is sufficient evidence to warrant a trial. A petit jury determines the guilt or innocence of the accused. 78. Discuss intent as an important element in criminal laws. Answer: Intent is an important element of many criminal laws. Many laws use either the term willfully or knowingly to define criminal intent. If an act is done willfully, it is committed voluntarily and purposefully with the specific intent to do something. A person does not act willfully if there is a good faith misunderstanding of the requirements of the law. Similarly, if an act is done knowingly, it is voluntary and intentional, not because of mistake or accident. 79. On what basis can a court issue a search warrant to a police officer? Answer: Before a court will issue a search warrant, the police must offer evidence that a crime has been committed and there is cause to believe that the intended search will assist in its investigation. 80. Discuss the double jeopardy clause. Answer: The Fifth Amendment provides in part that no "person [shall] be subject for the same offense to be twice put in jeopardy of life or limb." This language is known as the double jeopardy clause. Courts do not allow individuals to be tried twice by the same governmental entity for the same crime based on the same factual situation. If an illegal activity violates both federal and state laws, double jeopardy does not prohibit two trials, one in federal court and the other in the state court system. Although federal and state governmental prosecutors may cooperate resulting in only one conviction, the double jeopardy clause does not prevent two prosecutions. 81. What protections are provided by the 6th Amendment in criminal cases? Answer: The 6th Amendment provides the following protections in criminal cases: a speedy and public trial; trial by jury; right to be informed of the charges against you; right to confront your accuser(s); right to subpoena witnesses; and, the assistance of an attorney. 82. Whether a particular punishment is considered criminal or civil is largely a matter of statutory construction. What are the factors that courts use as guidelines to make a determination as to when these statutory guidelines are so punitive as to have transformed civil penalties into criminal ones? Answer: The factors include (1) whether the sanction involves an affirmative disability or restraint; (2) whether it has historically been regarded as a punishment; (3) whether it comes into play only on a finding of scienter; (4) whether its operation will promote the traditional aims of punishment - retribution and deterrence; (5) whether the behavior to which it applies is already a crime; (6) whether an alternative purpose to which it may rationally be connected is assignable for it; and (7) whether it appears to be excessive in relation to the alternative purpose assigned. 83. Discuss the provisions of fraud under the U.S. Code. Answer: The U.S. Code contains a number of provisions making it a crime to carry out a scheme to defraud. In general, whoever knowingly and willfully (1) falsifies, conceals, or covers up any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry can face fines and/or imprisonment. 84. Oliver steals a wallet and makes use of the identification items in the wallet to make credit card purchases. Analyze the crimes that Oliver can be held liable for. Answer: Oliver can be held liable for stealing the wallet. He can also be held liable for impersonation or identity fraud for assuming someone else's identity to make illegitimate purchases. 85. Discuss good faith as a defense to accusations of fraud. Answer: Good faith is a complete defense because good faith on the part of a defendant is inconsistent with intent to defraud or willfulness, purposes essential to the charges. A person who expresses an opinion honestly held or a belief honestly entertained does not have fraudulent intent even though the opinion is erroneous or the belief is mistaken. Evidence that establishes only that a person made a mistake in judgment or an error in management or was careless does not establish fraudulent intent. 86. What must the government prove to convict a person of mail or wire fraud? Answer: Mail or wire fraud is proven by showing the defendant had the intent to defraud, knowingly and willfully devised a scheme to defraud or to obtain money or property by false pretenses, and used the U. S. Postal Service for mail or interstate communication for wire fraud. 87. Discuss the most common forms of identity thefts. Answer: Some of the most common forms of identity thefts are dumpster driving-rummaging through trash looking for personal information; skimming-stealing debit/credit card numbers using a special storage device when processing a card; phishing-pretending to be financial institutions to get individuals to reveal their personal information; diverting billing statements to other locations; and stealing wallets, purses, mail, credit cards, checks, tax information, and so forth. 88. Ian Smith, a businessman, filed for bankruptcy. With an intention to start over, he did not reveal his estate in Fleetwood in the bankruptcy proceedings. However, the estate was found out by the mortgage firms and was listed to be sold to return Ian's debts. Discuss if Ian can be charged for felony in this case. Answer: Ian can be charged for the offense of concealment of property from those who are charged with the control of the property in the bankruptcy proceeding. The act of concealment is fraudulent. Even though Ian's concealment was unsuccessful, he cannot use the estate's recovery as a defense against the act of concealment. Also, he cannot defend saying that there was no demand by any officer or creditor for the estate. 89. What must be shown to prove a conspiracy? Answer: To prove conspiracy, the evidence must show beyond a reasonable doubt that: two or more persons agreed on an unlawful plan; the defendant was a willing member of the conspiracy; during the conspiracy one of the conspirators committed an act stated in the indictment; and, the act committed was in furtherance of the conspiracy. 90. What is obstruction of justice? Answer: Obstruction of justice occurs when an individual commits an act with the intent to obstruct the legislative process or a judicial process. Obstruction of justice laws are designed to protect the integrity of legislative proceedings, judicial proceedings, and the proceedings before federal departments or agencies. The term obstruction of justice is interpreted broadly to encompass all steps and stages from the inception of an investigation to the conclusion of a trial. 91. What is an exculpatory no and when does it occur? Answer: Due to the sweeping nature of this statute, seven federal appellate courts recognized an exculpatory no exception for simple denials made in response to government questioning as part of a criminal investigation. This narrow exception protected an individual from prosecution for making a false statement when the person's statement simply denies criminal wrongdoing. The exculpatory no was permitted when a person, in response to governmental questioning, had to choose between three undesirable options: self-incrimination by telling the truth; remaining silent and raising greater suspicions; or denying guilt by making a false statement to the governmental official. Courts permitting this exception believed it balanced the need for protecting the basic functions of government agencies conducting investigations against the Fifth Amendment protection against self- incrimination. 92. What acts constitute the crimes of larceny, robbery and burglary? Answer: Larceny is the taking of a person's personal property with the intent to deprive the owner of the property forever. Robbery is larceny by force or threat of force. Most robbery cases involve the use of weapons. Both larceny and robbery are theft crimes. Burglary is not a theft crime. Burglary is the breaking and entering of a premise with the intent to commit a felony. Most burglary cases involve a larceny or robbery but burglary can exist without a theft crime being committed. 93. Explain the difference between larceny, burglary, and robbery. Answer: Larceny is the unlawful taking of personal property with the intent to deprive the rightful owner of it permanently. Larceny is commonly referred to as theft or stealing. Shoplifting by customers is a common form of larceny. Larceny by violence or threat such as with a gun is robbery. Breaking into a building with the intent to commit a felony is burglary. The most common felony in burglary cases is larceny. 94. Discuss embezzlement and money laundering. Answer: If an employee appropriates funds of his employer to his or her own use, the employee is guilty of embezzlement. Embezzlement is often committed by highly trusted employees with access to cash or to the check-writing process. Money laundering is falsely reporting income that is obtained through criminal "dirty" activity as income obtained through a legitimate "clean" business enterprise. 95. What are the remedies for RICO violations? Answer: RICO imposes the following remedies: severe criminal penalties, forfeiture of illegal proceeds and, in civil actions, triple damages, costs and attorney's fees. 96. Yen is almost bankrupt, and decides to change the situation. He accesses his boss's laptop and extracts the company's plans for the launch of a new product. Yen sells these plans to a competitor for a huge sum of money. Discuss the crimes Yen can be prosecuted for. Answer: Yen can be prosecuted for electronic theft. The law provides that a person who intentionally accesses a computer without authorization or exceeds authorized access to obtain classified, restricted, or protected data, or attempts to do so, is subject to criminal prosecution. 97. Give some examples of typical types of federal investigations in the cyber law area. Answer: Federal investigations in the cyber law area include: hacking, password trafficking, copyright piracy, theft of trade secrets, trademark counterfeiting, and Internet fraud. 98. Discuss endangerment of workers as a crime. Answer: It is possible for corporate officials to be charged with crimes, such as assault and battery, reckless endangerment of workers if a worker is injured, or even accidental homicide if a worker is killed on the job. In most cases, when a worker is injured on the job, the appropriate remedy is through the workers' compensation system, 99. What are accessories before a crime and accessories after a fact? Answer: A person may be an accessory before the crime is committed. If the person is accused of being involved after the crime is committed, the charge is as an accessory after the fact. A person who assists a perpetrator of a crime in eluding the police would be such an accessory. Accessories before the crime assist in preparation for the crime, and they may be punished the same as the person who committed the crime. Accessories after the fact are usually subject to specific penalties for their actions as determined by the laws of the various states. 100. Describe the principles that the guidelines for sentencing organizations are based on? Answer: The guidelines for sentencing organizations are based on four general principles: 1) a court must, whenever possible, order the organization to remedy any harm caused by the offense; 2) if the organization was primarily operated for a criminal purpose, the fine should be high enough to divest the organization of all of its assets; 3) the fine range is based on the seriousness of the offense and the culpability of the organization; and 4) probation will be included in the sentence if needed to ensure that another sanction will be fully implemented or to ensure that steps will be taken within the organization to reduce the likelihood of future criminal conduct. 101. What are sentencing guidelines? Discuss their use in sentencing convicts today. Answer: In the late 1980s a federal sentencing commission developed sentencing guidelines for federal crimes. Many federal judges resented the loss of control during the sentencing phase of a case. Judges also criticized the complexity of the guidelines, which are hard to follow. The guidelines are now advisory, requiring a court to consider the guideline ranges, but permitting it to tailor the sentence in light of other concerns. Federal judges are free to decide for themselves if the defendants deserve sentences longer or shorter than the ranges in the guidelines. If, however, an appeals court finds the sentence to be "unreasonable" under the facts of the case, the sentencing decision can be reversed. The Supreme Court ruled that sentences falling within the guidelines may be presumed "reasonable" by courts reviewing sentences on appeal. Test Bank for The Legal and Regulatory Environment of Business O. Lee Reed, Marisa Pagnattaro, Daniel Cahoy, Peter Shedd, Jere Morehead 9780073524993, 9780077437336, 9781260161793
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