BUL review Chapter 10

6. Which person can be judged criminally reckless?

A person who consciously disregards a substantial and unjustifiable risk

A speedy trial, a trial by jury, a public trial, and the right to confront witnesses are guaranteed by

the Sixth Amendment

4. Which tort provides a basis for a criminal prosecution as well as for a tort action?

Battery

1. An individual who has been the subject of a crime can prosecute the alleged criminal.

False

12. Because a corporation is a legal entity and not a human being, there can never be corporate criminal liability.

False

2. Tracking vehicle movements by authorities with a GPS does not require a search warrant.

False

A belief in the possibility that a person committed a crime is sufficient probable cause to support the issuance of an arrest warrant.

False

A corporation can refuse to produce business records that might subject the firm to criminal prosecution.

False

Fraudulent appropriation of another's property with which a person has been entrusted is the crime of receiving stolen goods.

False

The _______ Amendment reads in part that no person "shall be compelled in any criminal case to be a witness against himself."

Fifth

5. The landmark United States Supreme Court case with respect to a criminal defendant's procedural rights is:

Miranda v. Arizona

10. Which one of the following crimes has no statute of limitations?

Murder

3. Officer Spangler believes that John Doe is a criminal. He asks a judge to issue a general warrant that allows Spangler to go through John Doe's belongings in his house. Will the judge agree?

No, because a search warrant must describe exactly what and where can be searched.

8. Which of the following is usually NOT an acceptable defense to criminal liability?

Strong desire

4. What happens when evidence obtained in violation of the rights spelled out in the Fourth, Fifth, and Sixth Amendments is presented at trial?

The evidence must be excluded from the trial proceedings and not presented to the jury.

10. Many states have also enacted laws that punish behavior criminally without the need to show criminal intent.

True

13. Corporations are normally liable for the crimes committed by their agents and employees within the course and scope of their employment.

True

3. A physical attack can be a tort, a crime, or both.

True

4. Criminals engage in money laundering because they wish to conceal the identity, source, and destination of illegally gained funds.

True

5. Generally, for a criminal act to have occurred, a person must have committed the guilty act and had a wrongful mental state.

True

5. The broad language of the Racketeer Influenced and Corrupt Organizations Act (RICO) has allowed it to be applied to cases that have little or nothing to do with organized crime.

True

7. Generally, you can use the amount of non-deadly force necessary to protect yourself, your dwelling, or other property and avoid criminal liability.

True

7. If an individual is a victim of computer theft under the Computer Fraud and Abuse Act, the individual may be able to bring a civil suit against the violator to obtain damages, an injunction, and other relief.

True

9. A mistake of fact, as opposed to a mistake of law, can often excuse criminal liability if the mistake negates the mental state necessary to commit the crime.

True

9. Many of the more than 4,000 federal criminal offenses do not require a specifically wrongful mental state.

True

If the evidence of a defendant's guilt was obtained improperly, it normally cannot be used against the defendant in court.

True

The most potent weapons against white-collar criminals include the federal laws prohibiting mail and wire fraud.

True

Enrique accesses Finance Bank's computer system without authority to obtain protected financial records. Under federal law, this is

a felony if it was done for a commercial purpose.

11. Crimes such as arson, murder, rape, or robbery that carry the most severe sanctions are known as _________. Lesser crimes, ________, are punishable by a fine or imprisonment for up to one year in other than a state or federal penitentiary. In criminal law, ________ are the least serious kinds of criminal offenses, such as traffic or building-code violations.

felonies, misdemeanors, petty offenses

Chic signs Del's name, without authorization, to the back of Del's paycheck, which was issued by Earth Foods Market. This is

forgery.

The _________ Amendment provides protection against unreasonable searches and seizures and requires that probable cause exist before a warrant for a search or an arrest can be issued.

fourth

When a grand jury decides that someone should be charged for an alleged crime, such a charge is called an

indictment

A homicide is classified as ___________ when it results from an act of criminal negligence and there is no intent to kill.

involuntary manslaughter

Olivia typically takes off her diamond ring while she works and puts it back on when she leaves. One lunch break, she leaves it on her desk. Jenna, a co-worker, takes the ring and does not return it. Jenna has probably committed the crime of _________

larceny

Raul uses social media to post links that, when clicked, secretly install software on others' computers without the owners' knowledge Raul's software is designed to harm or disrupt the computers. This program is

malware

11. In Latin, a wrongful mental state is known as:

mens rea.

Sal is arrested on suspicion of armed robbery. His lawyer and he engage in ________ with the prosecuting attorney so that Sal can be granted immunity from prosecution for that serious crime.

plea bargaining

Traditionally, the hundreds of thousands of acts defined as criminal in federal, state, and local laws have been grouped into broad categories, including

property crime.

6. On her local television station, Jessica Aign advertises a "magic" cream that corrects baldness, even though she knows that the cream is just hand lotion. She may be tried:

or the federal crime of wire fraud.

Under the _______________ doctrine, a court may impose criminal liability on a corporate officer who knew about a given criminal violation.

responsible corporate officer

1. The key difference between larceny and robbery is that:

robbery involves force or fear of force; larceny does not.

Criminal negligence can occur when a defendant was not aware of the risk, but

should have been aware of it.

Obtaining goods by false pretenses is a form of theft that involves _______. If you know that a friend has given you stolen goods, you will be guilty of __________

trickery, receiving stolen goods