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