blaw ch. 6 true/false

A grand jury decision will result in a final judgment as to the guilt or innocence of the defendant.

false

Businesses suffer considerable loss as victims of criminal actions, but businesses cannot be perpetrators of criminal actions.

false

Carelessness or negligence is a form of subjective fault.

false

In a civil case, as few as 6 jurors are permitted, but there must be 12 jurors in a criminal case.

false

Murder is a 'mala prohibita' type of crime.

false

RICO does not apply to businesses that are engaged in organized crime.

false

RICO provides for criminal penalties, but contains no provision for civil penalties.

false

Robbery and burglary are the same crime.

false

Selling liquor to a minor can result in criminal liability only if the seller intended to sell to an underage person.

false

The 5th Amendment protects all individuals against unreasonable searches and seizures.

false

The 5th Amendment would protect a defendant from having to give blood samples to the prosecution, since that could be a form of self-incrimination as interpreted by the courts.

false

The 5th Amendment would protect a defendant from having to have his photograph taken, since this would be a type of communication.

false

The 6th Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital offense except by a grand jury indictment.

false

The State may appeal a verdict of "not guilty" if there is an error in the trial.

false

The crime of bribery is committed only when an illegal offer is accepted.

false

The defendant must testify in a criminal proceeding.

false

The elements of embezzlement are included in larceny.

false

The term 'actus reus' refers to the mental intent element of a crime.

false

Under the US legal system, you are guilty until proven innocent.

false

Unlike larceny, embezzlement requires the intent to permanently deprive the owner of his property.

false

A "bench trial" is one in which the decision is made without a jury.

true

A felony is a more serious type of crime than a misdemeanor.

true

A preliminary hearing is held in a criminal case to determine whether there is probable cause to believe the defendant is the one who committed the crime.

true

All federal crimes are statutory.

true

Although 'mens rea' is a required element for most crimes, many regulatory crimes dispense with it.

true

Computer crimes are so commonplace that an estimated 2 out of every 3 copies of software are illegally obtained.

true

Corporations may be held liable for crimes.

true

Crimes consist of 2 basic elements.

true

Duress is a valid defense to larceny, but not to murder.

true

Embezzlement and forgery are considered white-collar crimes.

true

Employers may be subject to criminal penalties for the unauthorized act of a manager who is acting within the scope of his employment.

true

If Sherea, a county commissioner, threatened Brent that unless she received a 15% interest in his proposed development she would use her influence to prevent approval of the development, she has committed criminal extortion.

true

In a criminal case, the defendant must be tried by jury if he so desires.

true

Mail fraud does not require the victim to be actually defrauded.

true

Robbery is a larceny accompanied by force.

true

Some states still recognize common law crimes.

true

The Federal Organizational Corporate Sentencing Guidelines encourage corporations to adopt a written code of conduct to deter crimes by their employees; compliance can lead to lesser penalties when crimes do occur.

true

The Federal Organizational Corporate Sentencing Guidelines may require restitution to victims of certain corporate crimes.

true

The Sarbanes-Oxley Act created a powerful Accounting Oversight Board with authority to review and discipline auditors.

true

The burden of proof in a criminal trial is "beyond a reasonable doubt."

true

Today most crimes are covered by statutory law rather than by the common law, although many of the crimes in statutory forms had their origins in the common law.

true

Torts are civil cases, not criminal cases.

true

Vicarious liability is imposed upon 1 person for the acts of another.

true