BLAW Chapter 5 & 6

Sixth Amendment

Right to a speedy and public trial

______ was originally enacted to combat organized crime.

The Racketeer Influenced and Corrupt Organizations Act

True or false: In a criminal proceeding, the government files the charges against a defendant.

True

______ of the U.S. Constitution states that government may not pass any "Law impairing the Obligation of Contracts."

Article I, Section 10,

______ of the U.S. Constitution grants Congress spending power.

Article I, Section 8

personal liability of a corporate executive for a business crime

In addition to a corporation having criminal liability, a corporate executive may also be personally liable for a business crime.

affirmative defense to a crime

Infancy Mistake of Fact Intoxication Insanity Duress Entrapment Necessity Justifiable use of force

when a classification scheme is based on gender or on the legitimacy of children, courts use:

Intermediate Scrutiny

indictment

it is an issue where the grand jury agrees that a prosecution's evidence against a defendant is adequate

A ______ issues the arrest warrant.

magistrate

Unlike in a civil procedure, the ______ always brings the criminal case in a criminal procedure.

prosecutor

susbstantive due process

refers to the basic fairness of laws that may deprive an individual of life, liberty, or property.

CFAA (Computer Fraud and Abuse Act)

Amended the computer fraud and abuse act.

The ______ of the U.S. Constitution prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities. Multiple choice question.

privileges and immunities clause

Counterfeit Access Device and Computer Fraud and Abuse Act 1984 also known as:

computer Fraud and Abuse Act

actus reus

guilty act

Mens Rea

guilty mind

false pretenses (fraud)

illegal obtaining of property belonging to another through materially false representation of an existing fact, with knowledge of the falsity of the representation and with the intent to defraud.

The dormant commerce clause is a restriction on states' authority that is ______ of the U.S. Constitution.

implied in the commerce clause

Police power consists of all except which of the following?

international trade agreements

Corporation held criminally liable

must show: 1. the employee was acting within the scope of her or his employment 2. the employee was acting with the purpose of benefiting the corporation 3. The act was imputed to the corporation

With a plea of ______, the defendant does not admit guilt but agrees not to contest the charges.

nolo contendere

One of the types of due process guaranteed by the due process clause is the , ________,_________<__________ which requires the government to use fair procedures before depriving a person of their life, liberty, or property.

procedural due process

Which of the following requires the government to use fair procedures when taking the life, liberty, or property of an individual or corporation?

procedural due process

Pursuant to the equal protection clause of the Fourteenth Amendment to the U.S. Constitution, if a law prevents individuals from exercising a fundamental right, the action will be subject to ______.

strict scrutiny

According to the intermediate scrutiny standard, a law is constitutional only if it is ______ related to an important government objective.

substantially

Which constitutional amendment contains the takings clause?

the Fifth Amendment

Which constitutional amendment guarantees citizens the right to be "secure in their persons, their homes, and their personal property"?

the Fourth Amendment

Identify the primary source of authority for federal regulation of business:

the commerce clause of the U.S. Constitution

Which of the following is not prohibited by the establishment clause of the First Amendment to the U.S. Constitution?

the freedom to practice religion as an individual sees fit

Courts have upheld all but which of the following according to the rational-basis test? Multiple choice question.

voting rights restrictions

The purpose of the ______ is to combat the bribery of foreign officials.

Foreign Corrupt Practices Act

Which of the following is not a pertinent question to ask in applying the Central Hudson test for commercial speech?

Does the regulation violate the Tenth Amendment to the U.S. Constitution?

examples of criminal fraud

Forgery Defalcation False Entry False Toke False pretense fraudulent concealment Mail fraud Health care Fraud Telemarketing fraud Ponzi Scheme Check Kiting Pretexting

Which amendment in the Bill of Rights protects citizens from unreasonable search and seizure?

Fourth Amendment

Criminal ______ involves an individual intentionally using some sort of misrepresentation to gain an advantage over another person.

Fraud

Which amendment to the U.S. Constitution contains the equal protection clause, which prevents states from denying "the equal protection of the laws" to any citizen?

the Fourteenth Amendment

The Foreign Corrupt Practices Act allows the government to prosecute those who ______ foreign officials.

bribe

Corporations engage in ______ speech when they support a particular candidate or referenda.

political

The ______ clause of the First Amendment to the U.S. Constitution includes the absolute freedom to believe in God, a god, more than one god, or no god at all.

free-exercise

When liability is assessed without the guilty-mind criterion, it is known as ______ liability.

strict

information

A formal, written accusation of the crime allegedly committed by the defendant. submitted by a prosecutor.

white collar crime

Nonviolent illegal acts against society

For a corporation to be held criminally liable for the acts of an employee, the prosecutor must show all but which of the following?

The employee who committed the act has not been criminally prosecuted.

commercial bribery

a form of bribery which includes a bribe in exchange for new information or payoffs

booking

a procedure during which the name of the defendant and the alleged crime are recorded in the investigating agency's or police department's records

Embezzlement usually occurs when a(n) ____________ steals money.

employee

pertinent question to ask when determining whether a speech is obscene according to the U.S. Supreme Court standard for obscenity established in Miller v. California?

(1) whether 'the average person, applying contemporary community standards' would find that the work, 'taken as a whole,' appeals to 'prurient interest' (2) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and (3) whether the work, 'taken as a whole,' lacks serious literary, artistic, political, or scientific value.

Identify the true statements regarding posttrial procedure in criminal proceedings. (Check all that apply.)

*The guidelines for judges to consider in sentencing for white-collar crimes have been established. *Judges are given certain factors to consider in sentencing, such as the defendant's criminal record.

termed illegal according to Section 201 of the act

*bookkeeping or other services related to the accounting records or financial statements of an audit client *financial information systems design and implementation *appraisal or valuation services, fairness opinion, or contribution-in-kind reports *actuarial services

Principles of Federal Prosecution

1. whether the evidence is sufficient to obtain a conviction 2. whether prosecuting the case serves a federal interest

pertinent questions to ask when applying the Central Hudson Test for commercial speech

1.Does the speech concern an illegal activity? is it misleading? 2.Is the government interest served by the restriction on commercial speech substantial? 3. Does the regulation directly advance the government interest asserted? 4. is the regulation more extensive than necessary to serve the government interest?

Recognized test to determine whether a particular government statute violates the establishment clause of the First Amendment to the U.S. Constitution?

1.Does the statute have a secular legislative purpose? 2.Does the statute's principal or primary effect either advance or inhibit religion? 3.Does the statute foster an excessive government entanglement with religion?

Article I, Section 8, of the U.S. Constitution expressly provides Congress with spending power regarding all BUT which of the following?

2.the power to pay for the legal representation of a defendant in a civil case

petit jury

A jury of 6 to 12 persons that determines guilt or innocence in a civil or criminal action. A fact-finding Jury

Which of the following is an accurate statement regarding the "thing of value" element for the statutory offense of "bribery of a public official"?

Actual commercial value is not necessary.

______ of the U.S. Constitution contains the full faith and credit clause.

Article IV, Section 1

______ of the U.S. Constitution states that "Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States."

Article IV, Section 2,

Which of the following is not a recognized test to determine whether a particular government statute violates the establishment clause of the First Amendment to the U.S. Constitution?

Does a majority of the U.S. population favor a particular religion?

Mail Fraud Act of 1990

Federal crime to use the mail to defraud the public illegal use must involve (1) intent to defraud (2) the use of or causing the use of mails to further the fraudulent scheme

Which amendment in the Bill of Rights prevents government from trying citizens twice for the same crime?

Fifth Amendment

The establishment clause is present in the ______ Amendment to the U.S. Constitution.

First

Which amendment to the U.S. Constitution includes the free-exercise clause?

First Amendment

Courts have interpreted the Ninth Amendment, in conjunction with the ______ Amendments, as providing individuals with a right to privacy.

First, Third, Fourth, and Fifth Amendments

Which of the following is a true statement regarding the Fifth Amendment's due process clause?

For businesspeople and corporations, the Fifth Amendment's due process clause provides extensive protection.

Arraignment

If a grand jury issues an indictment, a defendant appears in court to answer the indictment in a proceeding called the ______.

Intermediate Scrutiny Test

If the law's classification scheme is based on gender or on the legitimacy of children the courts use intermediate scrutiny, according to this standard, the law is constitutional only if it is substantially related to an important government objective

criminal posttrial procedure

If the petit jury returns a verdict of guilty, the defendant may appeal the verdict by claiming a prejudicial error of law occurred at trial. If the petit jury returns a verdict of not guilty, the government cannot appeal the acquittal. If the petit jury returns a verdict of guilty and there is no appeal, the defendant will be sentenced.

Which of the following is an incorrect statement regarding criminal posttrial procedure?

If the petit jury returns a verdict of not guilty, a third party can appeal the acquittal.

criminal post-trial procedure

If the petit jury returns a verdict of not guilty, the government cannot appeal the acquittal.

Which of the following is an accurate statement regarding a bench trial?

In a bench trial, the defendant has waived his or her right to a jury trial.

Which of the following is a true statement regarding political speech?

Not all corporate speech is political speech.

Which of the following is an accurate statement regarding criminal procedure versus civil procedure?

The U.S. Constitution provides more express protections for a criminal defendant than for a civil defendant.

the Ninth Amendment states

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Which of the following is a true statement regarding the Bill of Rights?

The federal and state governments cannot deprive individuals of the freedoms protected by the Bill of Rights.

True or false: Strict-liability offenses are offenses that do not require state of mind.

True

True or false: The Full Faith and Credit Clause of the Constitution applies to divorce decrees.

True

Burden of Proof

Two Elements: The burden of production of evidence the burden of persuasion

In an attempt to aid prosecution of computer crimes, the ______ formed the Computer Crime and Intellectual Property Section in its Criminal Division.

U.S. Department of Justice

Criminal Fraud

When the perpetrator intentionally makes false statements to the victim to obtain his money or property or some other advantage. requires 3 elements: 1.material false representation made with the intent of deceive 2.victim's reasonable reliance on the false representation and 3. Damages

Which of the following is an accurate statement regarding extortion and bribery?

While bribery is offering something to obtain a desired result, extortion involves a threat if the victim does not give money or property.

How is embezzlement distinguishable from larceny?

With embezzlement, the defendant does not take the property from another; instead, the defendant is already in possession of the property.

strict scrutiny test

a test applied by the court when a classification is based on race, citizenship and national origin.

Which of the following must the government demonstrate to punish an individual for criminal behavior?

actus reus and mens rea

When does booking occur in a criminal procedure?

after the defendant's arrest

When a judge is the fact-finder in a case, the trial is called a(n) ______ trial.

bench

Today, most federal regulations are exercises of ______ authority according to the commerce clause of the U.S. Constitution.

congressional

According to judicial interpretation of the ______ clause of the U.S. Constitution, no law can be passed that will unreasonably interfere with existing contracts.

contract

Which of the following is not a type of unprotected speech?

corporate speech

The purpose of ______ law is to punish an offender for causing harm to public health, safety, or morals.

criminal

Strict liability is also known as liability without ______.

fault

the Securities and Exchange Commission

federal administrative agencies that investigates and pursues punishment for stock-option backdating

affirmative defense

is a reason the defendant, even thought he or she committed the physical acts alleged by the prosecution, should be excuse from responsibility for those actions

Criminal proceedings generally begin when an individual ______ a crime.

is arrested for

Insider trading

is generally the illegal buying or selling of a corporation's stock or other securities by a corporate insider, in breach of a fiduciary duty or some other relationship of trust and confidence, while in possession of material, nonpublic information about the security.

bribery

is the offering, giving, soliciting, or receiving of money or any object of value for the purpose of influencing the judgment or conduct of a person in a position of trust.

embezzlement

is the wrongful conversion of another's property by one who is lawfully in possession of that property.

Attorneys in the Criminal Division of the Computer Crime and Intellectual Property Section of the U.S. Department of Justice prosecute ______.

only federal computer crimes

burden of production of evidence

prosecution must produce any tangible evidence and testimony that prove the elements of the crime the defendant allegedly committed

Burden of Persuasion

prosecutor must persuade the jury beyond reasonable doubt that the defendant committed the crime

To show that a law that does not affect fundamental rights satisfies the substantive due process requirement, the government must prove that the law bears a ______ to a legitimate state interest.

rational relationship

To determine whether a classification violates the equal protection clause of the Fourteenth Amendment to the U.S. Constitution, the lowest standard of review is known as the ______ test.

rational-basis

False Claims Act (FCA)

since 1986 private citizens have been using it to sue employers on behalf of the governments for fraud against the government.

A defendant who is facing a punishment of _______ or more has a constitutional right to a jury trial.

six months

A classification of a specific crime usually comes from a __________.

statute

Bribery of a public official is a ______ offense under federal law.

statutory

Which of the following rights is not protected by the First Amendment to the U.S. Constitution?

the privilege against self-incrimination

rational basis test

when a classification scheme involves other matters, courts apply a rational-basis test according to this test , courts ask whether there is a justifiable reason to believe that the classification scheme advances a legitimate government interest

______ speech conveys information related to the sale of goods and services.

Commercial

According to the Bill of Rights, which of the following is a true statement regarding commercial speech?

Commercial speech is broader than just advertisements

Responsible Corporate Officer Doctrine

A corporate executive can be liable even if she or he did not engage in, direct, or know about a specific criminal violation. corporate executives sometimes have the responsibility and power to ensure the company's compliance with the law. If the executive fails to meet this responsibility the executive can be held criminally liable.

negligent state of mind

A defendant is Negligent if a criminal act occurs when the individual consciously ignores substantial risk.

reckless state of mind

A defendant is Reckless if he or she does not meet a standard of care that a reasonable person would use in the context that led to the criminal act

plea bargain

An agreement in which the prosecutor agrees to reduce charges, drop charges, or recommend a certain sentence if the defendant pleads guilty.

Which of the following is true of the Fourth Amendment to the U.S. Constitution?

It protects individuals and their homes, and also corporations and places of business, against warrantless searches in criminal cases.

During a defendant's first appearance, the judge determines whether there was ______ for the defendant's arrest.

Probable Cause

______ is any essential element and/or standard by which a lawful officer may make a valid arrest, conduct a personal or property search, or obtain a warrant.

Probable cause

A major way the National Information Infrastructure Protection Act of 1996 amended the Computer Fraud and Abuse Act was the substitution of the term ______ computers for federal interest computers so that the statute now protects any computer attached to the Internet.

Protected

Tools for Fighting Business Crime

RICO, False Claims Act, Sarbanes-Oxley Act

insider trading

The illegal buying or selling of a corporation's stock or other securities by corporate insiders, such as officers and directors, in breach of a fiduciary duty or some other relationship of trust and confidence, while in possession of material, nonpublic information about the security.

First Appearance

The initial appearance of an arrested individual before a magistrate who determines whether there was probable cause for the arrest.

Which of the following is an accurate statement regarding the taxing power of the federal government?

The tax rate imposed by Congress must be uniform from state to state.

The ______ clause of the U.S. Constitution states that each state must respect the legislative acts of sister states.

full faith and credit

An indictment is a finding by a ______ that there is adequate evidence to charge a defendant.

grand jury

According to the ______ of the Fifth Amendment to the U.S. Constitution, when government takes private property for public use, it must pay the owner just compensation for the property.

takings clause