MGT 340 - Ch. 22 Homework

When a judge or jury finds a defendant guilty of a criminal offense, it is called a conviction.

True - During the criminal justice process, if a judge or jury finds a defendant guilty, this results in a conviction. If the defendant is found not guilty, this results in an acquittal and the defendant cannot be prosecuted for the same charge(s) again

Julie is opening a new bar and restaurant. She offers Jeremy, an inspector from the county liquor board, 3% of the business' profits from the first year of operation in exchange for an alcoholic beverage license. If Jeremy accepts the kickback, he could be found guilty of the criminal offense of _________________.

Bribery - Offering a bribe is unlawful even if the offeree does not go along with the scheme. In this scenario, if Jeremy, the offeree, does go along with the bribe (known as a kickback in these circumstances), then he too will be culpable for bribery.

_____ consists of a body of law that, for the purposes of preventing harm to society, declares what conduct is unlawful and prescribes the punishment to be imposed for such conduct

Criminal Law

Which of the following statements accurately differentiates between criminal law and criminal procedure?

Criminal law defines the boundaries of behavior and sanctions for violating those boundaries; criminal procedure refers to the legal processes and safeguards afforded to individuals during criminal investigations.

The exclusionary rule only applies to evidence that is directly obtained in violation of a defendant's rights under the U.S. Constitution, but not any evidence that is only indirectly related to the violation.

False - Evidence that is directly and indirectly obtained in violation of a defendant's rights is subject to the exclusionary rule. This means that, once original evidence is shown to have been unlawfully obtained, all evidence that stems from the original evidence (called derivative evidence) is also excluded.

In a criminal case, the prosecutor must prove that the defendant committed a criminal offense by a preponderance of the evidence.

False - One significant difference between a criminal case and a civil case is the burden of proof. In a civil case, the plaintiff needs to prove only by a preponderance of the evidence that the defendant committed a civil wrong. In a criminal case, the government must prove its case beyond a reasonable doubt.

_____ requires the government to prove that a defendant had a "guilty mind" and the requisite intent to commit the offense.

Mens rea - The mental element, also called by its Latin name, mens rea, which translates literally into "guilty mind," requires that the defendant have a requisite degree of culpability with regard to each element of a given crime. The fundamental underpinning is that an act (the actus reus) does not make a person guilty unless his mind is guilty. The words contained in a criminal statute to express the guilty mind requirement include intentionally, knowingly, maliciously, willfully, and wantonly.

The Fourth Amendment to the U.S. Constitution protects individuals (and sometimes businesses) from unreasonable search and seizure by government agents and permits warrants to be issued only if _____ exists.

Probable cause - The Fourth Amendment to the U.S. Constitution protects individuals (and sometimes businesses) from unreasonable search and seizure by government agents and permits warrants to be issued only if probable cause exists. However, a warrant is usually required before a search takes place (with certain exceptions). A warrant for arrest is generally not required in order to take a suspect into custody.

Even if a corporate officer does not have actual knowledge that a white-collar crime has taken place in her corporation, she can still be held liable for her employee's crime.

True - Legislative bodies have begun to impose what amounts to strict liability statutes for corporate officers even when the officer in question did not have any actual knowledge that a crime had taken place. Corporations and their managers can be guilty of the crimes of their employees if the crime was committed for some corporate advantage or benefit of the company.

Nearly two-thirds of U.S. states have enacted criminal codes based on the Model Penal Code (MPC), adopted by the American Law Institute (ALI) in 1962.

True - Nearly two-thirds of U.S. states have enacted criminal codes based on the MPC, adopted by the ALI in 1962. However, many states have also retained certain portions of their common law within their criminal codes.