YEET 5

Diane, a police officer, stops Tim's car for a traffic offense. While talking to Tim, she shines a flashlight into the passenger compartment of Tim's car and sees evidence of drug paraphernalia. Which statement is correct? a. Diane may search the passenger compartment of the car and any place else in the car, including the trunk, without Tim's consent. b. Diane may search the passenger compartment of the car without Tim's consent; however, she may not search the trunk of the car without his consent or without a search warrant. c. Diane may not search the passenger compartment of the car (nor any place else) without Tim's consent or a search warrant. However, she can require Tim to remain parked until the search warrant is brought to her. d. Under the above circumstances, Diane can write Tim a traffic citation but cannot search the vehicle.

a. Diane may search the passenger compartment of the car and any place else in the car, including the trunk, without Tim's consent.

Roger assaulted Jim in a tavern, causing medical expenses and lost wages. a. Roger can be prosecuted by the state for a criminal offense and Jim may sue him for money damages. b. If Roger is convicted of criminal assault, Jim is not allowed to sue him for money damages since that would violate the double jeopardy clause of the Constitution. c. If Jim refuses to press charges against Roger, the state cannot initiate a criminal proceeding against him. d. Jim can elect to sue for money damages or proceed with criminal charges.

a. Roger can be prosecuted by the state for a criminal offense and Jim may sue him for money damages.

Sid burned his own warehouse in order to collect on a fire insurance policy. Sid has committed: a. arson. b. larceny since he committed an act intended to wrongfully obtain money from his insurance company. c. a crime called "burning to defraud insurers" since the crime of arson only applies to property owned by another person. d. an intentional tort, but not a crime since a person has a right to destroy his own property.

a. arson.

Jeff picks up a piece of metal pipe and swings it at Gary, hitting him across the back of the head. In a case for criminal assault, the prosecution must prove what mens rea? a. Specific intent. b. Jeff voluntarily hit Gary. c. Jeff intended to hit Gary. d. Jeff intended to cause serious injury to Gary.

c. Jeff intended to hit Gary.

Approximately how much merchandise is stolen from United States retail stores every day? a. $1 million b. $5 million c. $2 million d. $25 million

d. $25 million

Barden Corporation was convicted of violating federal RICO laws. Accordingly: a. the government may file criminal charges against both the company and the individuals associated with the criminal acts. b. the government may file a civil lawsuit against the company to obtain injunctions and other relief. c. individuals may file civil lawsuits against the company for violating the RICO statute to recover losses sustained by the criminal act. d. All the above are correct.

d. All the above are correct.

A crime is a violation of statutory law.

T

Actus reus means the "guilty act" and is one element the prosecution must prove in a criminal case.

T

Congress revised and reauthorized the Patriot Act, but the revised national security letter provisions were found unconstitutional by a federal court.

T

Criminal defendants have the right to a lawyer at all the important stages of the criminal process.

T

Entrapment can be a defense to a criminal act.

T

In order for the government to obtain a criminal conviction, it must prove its case beyond a reasonable doubt.

T

The parties to a criminal trial are the government and the defendant.

T

A successful insanity defense: a. results in the defendant's being back on the streets within a much shorter time than if the defendant were convicted and sent to prison. b. is used in about ten percent of all criminal cases. c. is a favorite outcome for juries since they ordinarily dislike convicting felons and sending them to prison. d. results in a "not guilty" verdict, even if the prosecution proves the defendant committed the criminal act.

results in a "not guilty" verdict, even if the prosecution proves the defendant committed the criminal act.

Bieber v. People considered the intent requirement in an armed robbery case.

F

Every criminal defendant has a right to a jury trial.

F

General deterrence is intended to teach a specific defendant not to repeat criminal conduct.

F

German philosopher Immanuel Kant believed there was only one valid reason to punish, which was deterrence.

F

Taking a service without paying for it is a common type of larceny.

F

The Sixth Amendment declares that a person cannot be tried twice for the same criminal offense.

F

Under the laws of most states, a corporation cannot be held criminally responsible.

F

When measured in dollars, street crime costs society more than twice as much as white-collar crime.

F

Sara sent letters to 1,000 people offering to send them information that would guarantee them a profit in the stock market if they sent her $99.95. If they sent her the money, the brief, generally known information she sent them was: "Buy stocks when their prices are low, and sell when the prices are high." Sara is guilty of: a. mail fraud. b. larceny. c. embezzlement. d. nothing. She merely thought of and executed a clever way to make money.

a. mail fraud.

Important steps in the criminal process, in the proper order, include: a. probable cause hearing, search, arrest, indictment, arraignment, plea bargain, and trial. b. arraignment, booking, bail hearing, trial, and grand jury indictment. c. arrest, probable cause hearing, motion to suppress, booking, and trial. d. indictment, arrest, probable cause hearing, plea bargain, arraignment, trial, and appeal.

a. probable cause hearing, search, arrest, indictment, arraignment, plea bargain, and trial.

Eric was charged with attempted murder. His defense was that he was insane at the time of the act. A jury accepted Eric's defense. Eric will: a. probably be committed to a mental hospital and when that hospital determines he is no longer a danger to society, he will be released. b. be declared guilty, but will have to serve his sentence in a mental hospital rather than in prison. c. have to be committed to a mental hospital until he regains his sanity, at which time he will be retried. d. be sent to prison once he is released from the mental ward.

a. probably be committed to a mental hospital and when that hospital determines he is no longer a danger to society, he will be released.

The primary purpose of RICO was: a. to be a tool against organized crime. b. to raise revenue. c. to prosecute non-citizens. d. to prosecute those engaged in tax fraud.

a. to be a tool against organized crime.

Miguel reprogrammed a cellular telephone so that the calls were improperly charged to another account. Which statute has he violated? a. The federal Wire and Electronic Communications Interception Act. b. The federal Access Device Fraud Act. c. The federal Identity Theft and Assumption Deterrence Act. d. Only a state statute, the Telephone Fraud Act, since there is no federal legislation related to this problem.

b. The federal Access Device Fraud Act.

Which of the following statements is correct? a. Street crime (muggings, homicide, etc.) results in a greater monetary loss to society than white-collar crime. b. White-collar crime results in a greater monetary loss to society than street crime. c. Studies are not able to calculate the estimated value of white-collar crime since most white-collar crime is never publicly disclosed. d. Studies are not able to accurately calculate the estimated value of either street crime or white-collar crime.

b. White-collar crime results in a greater monetary loss to society than street crime.

The criminal penalties under RICO include all EXCEPT: a. imprisonment. b. capital punishment. c. confiscation of property acquired through the criminal activity. d. fines.

b. capital punishment.

Illegally obtained evidence is not permitted to be used at a criminal trial based upon the: a. silver plate doctrine. b. exclusionary rule c. fair play doctrine. d. Eighth Amendment.

b. exclusionary rule

Mulcare Corp. started a compliance program to prevent and detect criminal conduct within the company and had specific, high-level officers in charge of overseeing the program. The company effectively communicated the program to its employees and monitored those employees who were in a position to cheat. It promptly disciplined anyone who broke the law. One effect of having this program is: a. federal investigators would no longer investigate the company since Mulcare could take care of any problems internally. b. federal investigators might be convinced to limit any prosecution to those directly involved rather than attempting to get a conviction against high-ranking officers or against the company itself. c. the Federal Sentencing Guidelines no longer apply. d. any cases would be prosecuted in state, rather than federal, court.

b. federal investigators might be convinced to limit any prosecution to those directly involved rather than attempting to get a conviction against high-ranking officers or against the company itself.

When a judge orders a criminal defendant to reimburse the victim, it is called: a. reimbursement. b. restitution. c. restraint. d. reformation.

b. restitution.

The Miranda warning insures that the criminal suspects understand their constitutional rights relating to: a. search and seizure. b. self incrimination. c. double jeopardy. d. res judicata.

b. self incrimination.

A misdemeanor is distinguished from a felony based upon: a. the rules of evidence. b. the length and place of possible imprisonment. c. the burden of proof. d. the type of intent.

b. the length and place of possible imprisonment.

The burden of proof required in a criminal case is: a. clear and convincing. b. a preponderance. c. beyond a reasonable doubt. d. highest degree of honesty.

c. beyond a reasonable doubt.

The fraudulent conversion of property which is already in the defendant's possession is: a. money laundering. b. exclusion. c. embezzlement. d. trespassory taking.

c. embezzlement.

British Petroleum, found guilty of two serious environmental violations as discussed in the textbook: a. was fined a total of $2 million for both criminal violations. b. was fined $6 million for each of the criminal violations. c. was fined a total of $62 million for both criminal violations. d. received no fines because a corporation cannot be fined without hurting innocent shareholders.

c. was fined a total of $62 million for both criminal violations.

Tina is an undercover police officer. One evening she is posing as a prostitute in a bar. Larry, a salesman who is attending an out-of-state convention, begins talking with Tina. After about ten minutes, Tina suggests going to her room for a good time but points out he will need to "donate" $100 to her. Arriving at Tina's hotel room, Larry asks if she is a policewoman. Tina lies and says she is not. When Larry gives her $100, Tina shows him her identification and arrests him. a. Larry appears to have been the victim of entrapment since Tina lied about being a police officer. b. Larry appears to have been the victim of entrapment since Tina was the one who suggested the activity that resulted in Larry's arrest. c. Both of the above are correct. d. None of the above.

d. None of the above.

Sarah, an employee of Amex Corporation, committed a serious criminal act in an attempt to obtain a large sales order for her employer. A court found her guilty of the felony and also found the corporation guilty of criminal conduct. The company was fined $1 million. The court: a. erred in fining the company since finding both Sarah and the corporation guilty violates the Double Jeopardy Clause of the Constitution. b. acted properly if this were a federal proceeding; however, it did not act properly if this were a state proceeding. c. acted properly if this were a state proceeding but not if this were a federal case. d. acted properly in this case.

d. acted properly in this case.

The intent required to commit a burglary would be: a. general intent. b. reckless conduct. c. strict liability. d. specific intent.

d. specific intent.