BLAW CH 6 TF
Computer crimes are so commonplace that an estimated two out of every three copies of software are illegally obtained
True
5th Amendment would protect a defendant from having to have his photograph taken, since this would be a type of communication.
False
A grand jury decision will result in a final judgement as to the guilt or innocence of the defendent
False
Bill has a problem with vandalism at his business. He rigs up a spring gun at the entryway to his store, so that any after-hours intruder will be shot upon entry. Bill may legally use this deadly force to protect his business.
False
Businesses suffer considerable loss as victims of criminal actions, but they cannot be perpetrators of criminal crimes.
False
Carelessness or negligence is a form of subjective fault
False
In a civil case, as few as six jurors are permitted, but there must be 12 jurors in a criminal case.
False
Murder is a mala prohibita type of crime
False
RICO does not apply to business who are involved with organized crime
False
RICO provides for criminal penalties, but contains no provision for civil penalties
False
Robbery and burglary are the same crime
False
Selling liquor to a minor can result in criminal liability only if the seller intended to sell to an underage person
False
The 5th Amendment would protect a defendant from having to give blood samples to the prosecution, since that could be a form of self-incrimination as interpreted by the courts
False
The 5th amendment protects from unreasonable searches and seizures
False
The State may appeal a verdict of "not guilty" if there is an error in the trial.
False
The crime of bribery is committed only when an illegal offer is accepted
False
The defendant must testify in a criminal proceeding
False
The elements of embezzlement are included in larceny
False
The sixth Amendment protects persons against self incrimination, double jeopardy, and being charged with a capital offense except by grand jury indictment
False
The term actus reus refers to the mental intent element of a crime
False
Under the United States legal system you are guilty until proven innocent
False
Unlike larceny, embezzlement requires the intent to permanently deprive the owner of his property
False
A "bench trial" is one in which the decision is made without a Jury
True
A felony is a more serious type of crime than a misdemeanor
True
A preliminary hearing is held in a criminal case to determine whether there is probable cause to believe the defendant is the one who committed the crime
True
All federal crimes are statutory
True
Although mens rea is a required element for most crimes, many regulatory crimes dispense with it
True
Corporations may be held liable for crimes
True
Crimes consist of two basic elements
True
Duress is a valid defense to larceny but not murder.
True
Embezzlement and forgery are considered white-collar crimes
True
Employers may be subject to criminal penalties for the unauthorized act of a manager who is acting within the scope of employment
True
In a criminal case, the defendant must be tried by jury if he so desires.
True
Mail fraud does not require the victim to actually be defrauded
True
Robbery is larceny accompanied by force
True
Some states still recognize common law crimes
True
The Federal Organizational Corporate Sentencing Guidelines encourage corporations to adopt a written code of conduct to deter crimes by their employees; compliance can lead to lesser penalties when crimes do occur.
True
The Federal Organizational Corporate Sentencing Guidelines may require restitution to victims of certain corporate crimes.
True
The Sarbanes-Oxley Act created a powerful Accounting Oversight Board with authority to review and discipline auditors
True
The burden of proof in a criminal trial is "beyond a reasonable doubt."
True
Today most crimes are covered by the statutory law rather than by the common law although many of the crimes in statutory form had their origins in common law
True
Torts are civil cases, not criminal cases
True
Vicarious liability is imposed upon on e person for the acts of another
True