LAW 3800 Ch 6 SB

Which of the following is an accurate statement regarding the vicarious liability of an employer for the wrongful act of an employee?

An employer can be liable for the wrongful act of an employee if the employer directed, partook in, or authorized the wrongful act

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

bench

Extortion is also known as ___

blackmail

White-collar crimes occur most frequently in the ___ context.

business

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

fraud

A computer crime can be committed by a corporate insider, such as an employee, or by an outsider, such as a(n) ___

hacker

Which of the following is an accurate statement regarding the plea of nolo contendere in a criminal procedure?

the defendant does not admit guilt but agrees not to contest the charges

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

booking

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

forgery

Which of the following is an accurate statement regarding the "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 violantion

Purposeful

In this state of mind, a defendant commits a crime by engaging in specific wrongful behavior to bring about a specific wrongful result

Knowing

In this state of mind, a defendant commits a wrongful act if the person believe that the act is wrongful and does nothing to confirm or disconfirm this belief

Which of the following is an accurate statement regarding an affirmative defense in a criminal prodedure?

It contends that even if the defendant committed the alleged physical acts, he or she should be excused from responsibility for those actions

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

US department of justice

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

During a(n) ___, a defendant is advised of the pending charges, the right to counsel, and the right to trial by jury, and he or she enters a plea to the charge

arraignment

___ is the amount of money a defendant must pay to the court on release from custody as security that he or she will return for trial

bail

Which of the following is not a common way to punish a white-collar criminal?

extradition

Strict liability is also known as liability without ___

fault

Actus reus means

guilty act

A(n) ___ is a document that demonstrates there is enough evidence to charge the defendant and bring him or her to trial

informaiton

___ is generally the illegal buying or selling of 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.

insider trading

Strict-liability offenses are ___

offenses for which no mens rea is required

A(n) ___ is an agreement in which the prosecutor agrees to reduce charges, drop charges, or recommend a certain sentence if the defendant pleads guilty

plea bargain

___ 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

In a criminal trial, the ___ has the burden of proof

prosecutor

Which of the following does not constitute bribery?

rejecting a bribe

According to the US Department of Justice, the decision to prosecute at the federal level depends on which of the following factors?

whether prosecuting the case serves a federal interest

In what year was the Mail Fraud act passed?

1990

The National Information Infrastructure Protection Act of 1996 amended the ___ Act.

Computer Fraud and Abuse

According to the Miranda rights, which of the following is not one of the facts that a law enforcement officer needs to inform a defendant before questioning?

"you have the right to an an attorney, but only after law enforcement authorities have questioned you."

Identify the true statements regarding post trial procedure in criminal proceedings.

(1) The guidelines for judges to consider in sentencing for white-collar crimes have been established (2) judges are given certain factors to consider in sentencing, such as the defendant's criminal record

Since ___, private citizens have been using the False Claims Act to sue employers on behalf of the government for fraud against the government

1986

Which of the following is an accurate statement regarding computer crimes?

computer crimes are often difficult to prosecute, particularly since they are difficult to detect.

What is the current rule regarding whether a corporation can be held criminally responsible?

currently, corporations can be held criminally accountable for almost any crime

Criminal proceedings generally begin when an individual ___ a crime.

is arrested for

Until recently, the most economically destructive computer crime to date was the creation of the ___ virus, which spread rapidly in May 2000

love bug

A ___ issues the arrest warrant

magistrate

Commercial bribery includes a bribe in exchange for new information or ___

payoffs

Which of the following is an example of pretexting?

posing as an employee of a telecommunications carrier to obtain the telephone records of an ex-spouse

misdemeanors

punishable by fines and/or imprisonment for less than one year

Felonies

punishable by imprisonment for more than one year in a penitentiary or by death

petty offenses

punishable by jail sentence of less than six months or a small fine

The Racketeer Influenced and Corrupt Organizations Act prohibits persons employed by or associated with an enterprise from engaging in a pattern of ___ activity

racketeering

During which decade was the counterfeit access device and computer fraud and abuse act passed?

the 1980s

What is the purpose of the law against the statutory offense of "bribery of a public official"?

to maintain the integrity of the government

Which of the following is done is a magistrate determines that probable cause did not exist for the defendant's arrest during the first appearance?

the defendant is released