Ch. 6 Criminal Law and Cyber Crime_EXAM 2

A criminal suspect does not have a right to remain silent. True False

False

A misdemeanor is a crime punishable only by a fine. True False

False

At a criminal trial, the burden of proof is on an accused person to prove his or her innocence. True False

False

Online retail fraud is a form of hacking. True False

False

Only private attorneys prosecute criminal defendants. True False

False

Phishing is a form of hacking. True False

False

Thinking about killing someone constitutes the crime of attempted murder. True False

False

Under the Fifth Amendment, there is no circumstance in which a person can be compelled to testify. True False

False

Unlike a ''natural person," a corporation cannot be compelled to give self-incriminating testimony. True False

False

self-incrimination

Giving testimony in a trial or other legal proceeding that could expose the person testifying to criminal prosecution.

botnet

Short for robot network—a group of computers that run an application that is controlled and manipulated by the software source.

plea bargaining

The process by which a criminal defendant and the prosecutor work out an agreement to dispose of the criminal case, subject to court approval.

insider trading

The purchase or sale of securities on the basis of inside information (information that has not been made available to the public).

grand jury

A group of citizens who decide, after hearing the state's evidence, whether probable cause exists for believing that a crime has been committed and that a trial should be held.

actus reus

A guilty (prohibited) act. The commission of a prohibited act and the intent to commit a crime are the two essential elements required for criminal liability

indictment

A charge by a grand jury that a reasonable basis (probable cause) exists for believing that a crime has been committed and that a trial should be held.

cyber crime

A crime that occurs in the online environment rather than in the physical world.

felony

A crime—such as arson, murder, rape, or robbery—that carries the most severe sanctions, ranging from more than one year in a state or federal prison to the death penalty.

cyberterrorist

A criminal who uses technology and the Internet to cause fear, violence, and extreme financial harm.

entrapment

A defense in which a defendant claims that he or she was induced by a public official to commit a crime that he or she would otherwise not have committed

statute of limitations

A federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.

information

A formal accusation or complaint (without an indictment) issued in certain types of actions by a government prosecutor.

misdemeanor

A lesser crime than a felony, punishable by a fine or incarceration in jail for up to one year.

hacker

A person who uses computers to gain unauthorized access to data.

exclusionary rule

A rule under which any evidence obtained in violation of the accused's rights guaranteed by the Fourth, Fifth, and Sixth Amendments, as well as any evidence derived from illegally obtained evidence, will not be admissible in court.

worm

A type of malware that is designed to copy itself from one computer to another without human interaction.

virus

A type of malware that is transmitted between computers and attempts to do deliberate damage to systems and data.

crime

A wrong against society proclaimed in a statute and punishable by society through fines, imprisonment, or death.

phishing

An e-mail fraud scam in which the messages purport to be from legitimate businesses to induce individuals into revealing their personal financial data, passwords, or other information.

search warrant

An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property.

cyber fraud

Any misrepresentation knowingly made over the Internet with the intention of deceiving another for the purpose of obtaining property or funds.

mens rea

Criminal intent. The commission of a prohibited act and the intent to commit a crime are the two essential elements required for criminal liability.

money laundering

Engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds.

white-collar crime

Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage.

probable cause

Reasonable grounds for believing that a search should be conducted or that a person should be arrested.

double jeopardy

The Fifth Amendment requirement that prohibits a person from being tried twice for the same criminal offense.

robbery

The act of forcefully and unlawfully taking personal property of any value from another.

embezzlement

The fraudulent appropriation of funds or other property by a person who was entrusted with the funds or property.

forgery

The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.

identity theft

The illegal use of someone else's personal information to access that person's financial resources.

arson

The intentional burning of a building.

petty offense

The least serious kind of criminal offense, such as a traffic or building-code violation.

self-defense

The legally recognized privilege to do what is reasonably necessary to protect oneself, one's property, or someone else against injury by another.

beyond a reasonable doubt

The standard of proof in criminal cases.

burglary

The unlawful entry or breaking into a building with the intent to commit a felony.

computer crime

The unlawful use of a computer or network to take or alter data, or to gain the use of computers or services without authorization.

larceny

The wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of the property.

A person may not be responsible for a criminal act if, as a result of a mental defect, he or she did not appreciate the wrongfulness of the act. True False

True

Forfeiture of a business interest and dissolution of a business are possible penalties under RICO. True False

True

Hackers may illegally rent their malware to cyber criminals. True False

True

Larceny relies on stealth while robbery relies on fear and force. True False

True

The term "malware" refers to malicious software. True False

True

Which of the following is not a type of malware? a) A hacker b) Botnets c) A worm d) A virus

a) A hacker

Viola Scheutrum was killed when the automobile she was riding in struck one of a group of horses that were roaming freely on the highway. The Sea Horse Ranch, a corporation, owned the horses. The horses frequently escaped through the shoddily built and poorly maintained fences surrounding the ranch. The ranch's owner and president of the corporation, Kevin Shipley, had been cited by both the local police and the humane society for allowing his horses to run free on the highway. The state sought to prosecute both the Sea Horse Ranch and Kevin Shipley for involuntary manslaughter. Can the corporation be held liable for the crime? a) Yes, because a corporation can be held liable for the wrongful actions of its officers. b) Yes, because a horse is a dangerous animal. c) No, because a corporation cannot be held liable for the wrongful actions of its officers. d) No, because a corporation cannot be held liable for involuntary manslaughter.

a) Yes, because a corporation can be held liable for the wrongful actions of its officers.

Brittany attempts to break into a computer network owned by Southeast Bank, in order to steal financial data. After numerous attempts, she gains access to the network and steals bank account information. Brittany has violated the Computer Fraud and Abuse Act because she: a) both accessed a computer without authority and obtained the data. b) accessed a computer without authority, which alone is sufficient. c) obtained something of value, which alone is sufficient. d) used a computer in the commission of a crime.

a) both accessed a computer without authority and obtained the data.

Corporations: a) can be held liable for crimes, just as individuals can be. b) can never be held liable for crimes or torts. c) do not really exist, so they cannot be held liable for crimes, only for torts. d) can be held liable for crimes only if they are privately owned.

a) can be held liable for crimes, just as individuals can be.

Elements that must exist for a person to be convicted of a crime include: a) intent to perform a prohibited act and the performance of the prohibited act. b) owing a duty of care and intent. c) intent to perform a prohibited act and appropriation. d) a third party must intentionally induce a party to commit a crime.

a) intent to perform a prohibited act and the performance of the prohibited act.

A wrongful mental state is known as: a) mens rea. b) malum in se. c) actus reus. d) deus ex machina.

a) mens rea.

Generally, mens rea is required to establish criminal liability; meaning: a) the perpetrator's mental state must have been to intend to commit the crime. b) the accused must have known the action was a violation of civil law. c) the defendant may have taken justifiable risk, but she or he should have been aware of it as such. d) none of these choices.

a) the perpetrator's mental state must have been to intend to commit the crime.

Which tort provides a basis for a criminal prosecution as well as a tort action? a) Slander b) Battery c) Invasion of privacy d)Libel

b) Battery

A person can suffer a criminal punishment for: a) imagining the details of a crime. b) an actus reus. c) spending a great deal of time thinking about committing a criminal act. d) actually taking incidental steps toward committing a crime.

b) an actus reus.

Britney, an employee of Computer Associates, is arrested at work. A grand jury issues a formal charge against Britney for larceny. This charge is: a) an arraignment. b) an indictment. c) an information. d) an inquisition.

b) an indictment.

In a criminal case, the state must prove the defendant guilty: a) by a preponderance of the evidence. b) beyond a reasonable doubt. c) by clear and convincing evidence. d) all of these choices.

b) beyond a reasonable doubt.

Heather Darrow wants to utilize the processing power of thousands of computers to perform certain activities. She decides to go about this by writing a software program that secretly installs on thousands of personal computers. The program then allows these computers to come under Darrow's control and allows her to forward transmissions to an even larger number of computer systems. Darrow has created: a) a hacker. b) botnets. c) a worm. d) a virus.

b) botnets.

For lesser crimes, such as robbery, an individual may be formally charged with the crime: a) by a grand jury through a process called an information if it is determined there is sufficient evidence to justify bringing the individual to trial. b) by a government prosecutor if the prosecutor determines that there is sufficient evidence to justify bringing the individual to trial. c) by the private citizen who was the victim of the crime. d) none of these choices.

b) by a government prosecutor if the prosecutor determines that there is sufficient evidence to justify bringing the individual to trial.

A grand jury usually: a) has the same number of jurors as an ordinary trial jury. b) consists of more jurors than an ordinary trial jury. c) determines the guilt or innocence of an accused party by majority vote, not unanimous vote. d) consists of fewer jurors than an ordinary trial jury.

b) consists of more jurors than an ordinary trial jury.

Bob left his friend Mark in charge of his bicycle store. One Saturday evening, after Mark had left for the week, Bob discovered that he was missing $9,000 in cash. Mark may be guilty of: a) robbery. b) embezzlement. c) misappropriation. d) conversion.

b) embezzlement.

For someone to be liable criminally: a) that person needs to have planned the action and the action must be perceived as criminal. b) he or she must commit a prohibited action and have intended to do so. c) there must be either intent or performance of a criminal act. d) all of these choices.

b) he or she must commit a prohibited action and have intended to do so.

A person ordinarily is not held liable for committing a crime if that person: a) is over the age of eighteen. b) suffers from a mental disease and lacks substantial capacity to appreciate the wrongfulness of his or her acts. c) is voluntarily intoxicated. d) made a mistake of law.

b) suffers from a mental disease and lacks substantial capacity to appreciate the wrongfulness of his or her acts.

Perhaps the most significant federal statute specifically addressing cyber crime is the: a) Uniform Trade Secrets Act. b) Anticybersquatting Espionage Act. c) Computer Fraud and Abuse Act. d) Berne Convention.

c) Computer Fraud and Abuse Act.

In order for someone to be convicted of a crime, which of the following elements must exist? a) The defendant must have had a socially maladjusted childhood. b) The defendant must have had no intent to commit the act. c) The defendant must have intentionally performed a prohibited act. d) The defendant must have performed a morally questionable act.

c) The defendant must have intentionally performed a prohibited act.

The necessity defense can be successfully used when a defendant can show that: a) he or she did not know that the act was wrong. b) the prosecution violated his or her Fifth Amendment privilege against self-incrimination. c) a criminal act was necessary to prevent an even greater harm. d) he or she was ignorant about what the law required.

c) a criminal act was necessary to prevent an even greater harm.

Sara is charged with violating the Counterfeit Access Device and Computer Fraud and Abuse Act (CFAA). To be guilty of crime under the act, the prosecutor must prove that Sara: a) accessed a computer without authority only. b) accessed a computer without authority or took data. c) accessed a computer without authority and took data. d) took restricted or protected data only.

c) accessed a computer without authority and took data.

Violent crime is: a) a public order crime. b) completely taken care of in tort law. c) aimed against persons. d) the most common kind of crime committed.

c) aimed against persons.

In any criminal proceeding, the 5th Amendment's guarantee against self-incrimination extends to: a) natural persons and corporations. b) corporations, partnerships and sole proprietorships. c) any natural person. d) none of these choices.

c) any natural person.

The standard of proof in a criminal law case is: a) by a preponderance of the evidence. b) the 50 percent rule. c) beyond a reasonable doubt. d) by clear and convincing evidence.

c) beyond a reasonable doubt.

Vladimir is a "payday" lender charged with filing false claims in bankruptcy proceedings against his customer-debtors. The standard of proof to find a defendant who has been charged with a crime guilty is: a) a preponderance of the evidence. b) beyond all doubt. c) beyond a reasonable doubt. d) clear and convincing evidence.

c) beyond a reasonable doubt.

Warrants are not required for: a) searches of businesses in such highly regulated industries as liquor or guns. b) seizures of spoiled food. c) both of these choices. d) neither of these choices.

c) both of these choices.

Jason applied for a new credit card, but the card was stolen from his mailbox before he got it. Jason has been the victim of: a) phishing. b) identity theft. c) credit card theft. d) hacking.

c) credit card theft.

Diane takes money from the petty cash account at work almost every day. Diane is guilty of the crime of: a) robbery. b) money laundering. c) embezzlement. d) insider trading.

c) embezzlement.

Guidelines created by the U.S. Sentencing Commission: a) eliminated ranges of possible penalties from which judges are to select their sentences. b) dismissed a range of feasible penalties from which a judge is to select sentences. c) established a range of possible penalties for each federal crime. d) eliminated judges' ability to choose sentences.

c) established a range of possible penalties for each federal crime.

Steven Wilson started a fight with Larry Harrison. Ken Bernardy came to the defense of Harrison. Harrison knocked Wilson to the ground, and Bernardy, who was wearing tennis shoes, kicked Wilson several times in the head. Wilson suffered serious head injuries. Bernardy claimed that he believed a bystander was about to join the fight against Harrison and that he had to use force against Wilson to protect Harrison from harm. The court probably found that Bernardy's use of force was: a) not justified, because Harrison was in no danger. b) not justified, because a person is liable for any crimes committed while rescuing another. c) justified, because he believed Harrison was in imminent danger. d) justified, because there were no police officers available.

c) justified, because he believed Harrison was in imminent danger.

When profits earned illegally are channeled through a legitimate business, the act of _____________ occurs. a) insider trading b) economic espionage c) money laundering d) burglary

c) money laundering

The most common type of criminal activity is: a) violent crime. b) organized crime. c) property crime. d) public order crime.

c) property crime.

The police arrest Lou, who confesses to a crime. Later, Lou refutes the confession and demands a trial, at which witnesses testify they saw him commit the crime. Lou is convicted and sentenced. The U.S. Constitution provides safeguards against all of the following except: a) deprivations of life or liberty without due process of law. b) not being allowed to question witnesses. c) punishment. d) self-incrimination.

c) punishment.

The key difference between larceny and robbery is that: a) robbery involves breaking into a dwelling; larceny does not. b) larceny involves breaking into a dwelling; robbery does not. c) robbery involves force or fear; larceny does not. d) larceny involves arson; robbery does not.

c) robbery involves force or fear; larceny does not.

To obtain a search warrant, law enforcement officers must convince a judge that they have: a) some evidence of a particular description that would convince a reasonable person that the proposed search or seizure is more likely justified than not. b) trustworthy evidence of a general description that would convince a reasonable person that the proposed search or seizure is more likely justified than not. c) trustworthy evidence of a particular description that would convince a reasonable person that the proposed search or seizure is more likely justified than not. d) trustworthy evidence of a particular description that would convince an average person that the proposed search or seizure is more likely justified than not.

c) trustworthy evidence of a particular description that would convince a reasonable person that the proposed search or seizure is more likely justified than not.

The Fourth Amendment protects you from: a) all civil trials. b) excessive fines. c) unreasonable searches and seizures. d) self-incrimination.

c) unreasonable searches and seizures.

Crimes, traditionally, have been grouped into these categories: a) white-collar, organized, property, nonviolent, and violent. b) white-collar, organized, property, public order, and violent. c) white-collar, cyber, property, public order, and violent. d) property, violent, fraudulent, organized, and public order.

c) white-collar, cyber, property, public order, and violent.

Helen points a gun at Irma, threatening to shoot her. Irma hits Helen, causing her death. Charged with homicide, Irma can most likely successfully claim, as a defense: a) consent. b) duress. c) entrapment. d) self-defense.

d) self-defense.

Under the responsible corporate officer doctrine: a) corporate directors and officers are personally liable for the crimes they commit only if the crimes were committed for their personal benefit. b) corporate directors and officers cannot be held liable for the actions of employees under their supervision. c) a corporation cannot incur criminal liability because it can act only through its agents. d) a court may impose criminal liability on a corporate officer regardless of whether she or he participated or even knew about a given criminal violation.

d) a court may impose criminal liability on a corporate officer regardless of whether she or he participated or even knew about a given criminal violation.

A court may impose criminal liability on corporate officers regardless of whether they: a) directed the criminal violations. b) knew about the criminal violations. c) participated in the criminal violations. d) all of these choices.

d) all of these choices.

Under what is known as the exclusionary rule, evidence obtained in violation of constitutional rights: a) includes what is known as "fruit of the poisonous tree." b) is excluded in order to deter police from conducting warrantless searches. c) can be excluded from the trial although it can lead to injustice. d) all of these choices.

d) all of these choices.

Ben is a computer technician with the skills to hack into any unprotected computer. The Computer Access Device and Computer Fraud and Abuse Act of 1984 prohibits Ben from obtaining unauthorized access to: a) information in a consumer reporting agency's files on consumers. b) information in a financial institution's financial records. c) restricted government information. d) all of these.

d) all of these.

Under the "responsible corporate officer" doctrine, corporate officers: a) are responsible for their own actions but are not responsible for the actions of employees under their supervision. b) are responsible only for crimes from which they personally benefit. c) are not personally responsible for any crimes committed by the corporation. d) are responsible for their own actions and also for the actions of employees under their supervision.

d) are responsible for their own actions and also for the actions of employees under their supervision.

Jesus Gomez, an informant for the police who was posing as an ex-convict, suggested to Antonio Perez Saldana on several occasions that he sell cocaine to make money. Although Saldana used cocaine, he did not want to sell cocaine. Eventually, Saldana agreed to sell some cocaine to Juan Castillo, a police officer. Saldana claimed that he had been entrapped. The court most likely found that Saldana was: a) not guilty, because he was induced to sell the drugs. b) not guilty, because Gomez was annoying. c) guilty, because an undercover agent suggested that he sell drugs. d) guilty, because he was not induced to sell the drugs.

d) guilty, because he was not induced to sell the drugs.

Anthony Tompkins was very skilled at computer programming. One day he decides to use his skills to investigate Mary Reynolds's, one of his co-workers, computer. Utilizing his home Internet connection, Tompkins accesses Reynolds's computer, though he does nothing malicious and does not take the data. If charged with a criminal violation of the Counterfeit Access Device and Computer Fraud and Abuse Act of 1984 (CFAA), the court would most likely find Tompkins: a) guilty because he accessed a computer without authority. b) guilty because he accessed a computer either without authority or took data. c) guilty because he accessed a computer without authority and took data. d) not guilty because he only accessed a computer without authority.

d) not guilty because he only accessed a computer without authority.

Emma Smith was a computer-savvy individual who wanted to use her knowledge to make some money. She decides to open an eBay account to sell exquisite fur coats. As the bidding process ends and the process comes to a close, Smith collects payment from the winners via an online merchant. She then mails the winners fake fur coats that she purchased at discount and pockets the difference. Smith has committed: a) phishing. b) identity theft. c) online retail fraud. d) online auction fraud.

d) online auction fraud.

Criminal sanctions are designed to: a) adequately compensate the victims. b) include not less but not more than the possibility of fines, the loss of liberty by means of jail or prison, and compensation from the wrongdoer to the persons harmed by the wrongful acts. c) adequately compensate society as a whole. d) punish those who commit crimes and deter others from committing similar acts in the future.

d) punish those who commit crimes and deter others from committing similar acts in the future.

The act of forcefully and unlawfully taking personal property of any value from another is called: a) burglary. b) larceny. c) bribery. d) robbery.

d) robbery.