Blaw ch 8

Which amendment to the Constitution prohibits the government from making illegal searches and seizures? a. Fourth Amendment b. First Amendment c. Sixteenth Amendment d. Fifth Amendment

a. Fourth Amendment

Because it sets safety standards for many industries, the most important statute regulating the workplace is the: a. Occupational Safety and Health Act. b. Workplace Rules and Regulations Statute. c. Federal Safety and Health Standards Act. d. Workplace Safety Act.

a. Occupational Safety and Health Act.

Which of the following is not one of the ways by which the Fifth Amendment protects criminal defendants? a. Plea bargaining b. Self-incrimination c. Exclusionary rule d. Due process

a. Plea bargaining

Which of the following statements is correct? a. White-collar crime results in a greater monetary loss to society than street crime. b. Studies are not able to calculate the estimated value of white-collar crime since most white-collar crime is never publicly disclosed. c. Studies are not able to accurately calculate the estimated value of either street crime or white-collar crime. d. Street crime (muggings, homicide, etc.) results in a greater monetary loss to society than white-collar crime.

a. White-collar crime results in a greater monetary loss to society than street crime.

Illegally obtained evidence is not permitted to be used at a criminal trial based upon the: a. exclusionary rule b. Fourth Amendment. c. Eighth Amendment. d. silver plate doctrine.

a. exclusionary rule

Wardow Corp. was convicted of violating federal RICO laws. Accordingly: a. the government may file a civil lawsuit against the company to obtain injunctions and other relief. b. individuals may file civil lawsuits against the company for violating the RICO statute to recover losses sustained by the criminal act. c. All these answers. d. the government may file criminal charges against both the company and the individuals associated with the criminal acts.

c. All these answers.

A crime is a violation of ________ law. a. federal b. statutory c. Potentially, any one of these. d. common

c. Potentially, any one of these.

Which statement about money laundering and/or embezzlement is true? a. Both money laundering and embezzlement are crimes involving illegally obtained money. b. Money laundering involves taking the proceeds of criminal activities and either using the money to promote crime or attempting to conceal the source of the money. c. Embezzlement is the fraudulent conversion of property that is already in the defendant's possession. d. Both (a) and (b).

d. Both (a) and (b).

Approximately how much merchandise is stolen from United States retail stores every year? a. $25 million b. $10 million c. $7 million d. $3 million

a. $25 million

Choctor Corp. started a compliance program to prevent and detect criminal conduct within the company and had specific, high-level officers in charge of overseeing the program. The company effectively communicated the program to its employees and monitored those employees who were in a position to cheat. It promptly disciplined anyone who broke the law. One effect of having this program is: a. federal investigators might be convinced to limit any prosecution to those directly involved rather than attempting to get a conviction against high-ranking officers or against the company itself. b. the Federal Sentencing Guidelines no longer apply. c. any cases would be prosecuted in state, rather than federal, court. d. federal investigators would no longer investigate the company since Choctor could take care of any problems internally.

a. federal investigators might be convinced to limit any prosecution to those directly involved rather than attempting to get a conviction against high-ranking officers or against the company itself.

Roger stole a stereo from an electronics store. What crime has Roger committed? a. Negligence. b. Larceny. c. Assault. d. Fraud.

b. Larceny.

Which of the following is NOT a protection afforded criminal defendants by the Bill of Rights? a. The protections of due process, double jeopardy, and the prohibition against being forced to testify against yourself. b. The protection against friends incriminating other friends. c. The guarantee of legal representation at all important stages of the criminal process. d. The prohibition against unreasonable searches and seizures.

b. The protection against friends incriminating other friends.

A criminal defendant has a right to: a. a jury trial, but only if the charge could result in a sentence of three months or longer. b. a jury trial, but only if the charge could result in a sentence of six months or longer. c. None of these answers. d. a jury trial no matter what.

b. a jury trial, but only if the charge could result in a sentence of six months or longer.

The criminal penalties under RICO include all EXCEPT: a. fines. b. capital punishment. c. confiscation of property acquired through the criminal activity. d. imprisonment.

b. capital punishment.

The fraudulent conversion of property which is already in the defendant's possession is: a. trespassing. b. embezzlement. c. exclusion. d. money laundering.

b. embezzlement.

Important steps in the criminal process, in the proper order, include: a. indictment, arrest, probable cause hearing, plea bargain, arraignment, trial, and appeal. b. probable cause hearing, search, arrest, indictment, arraignment, plea bargain, and trial. c. arraignment, booking, bail hearing, trial, and grand jury indictment. d. arrest, probable cause hearing, motion to suppress, booking, and trial.

b. probable cause hearing, search, arrest, indictment, arraignment, plea bargain, and trial.

British Petroleum, found guilty of two serious environmental violations as discussed in the textbook: a. was fined $11 million for each of the criminal violations. b. was fined a total of $62 million for both criminal violations. c. received no fines because a corporation cannot be fined without hurting innocent shareholders. d. was fined a total of $9 million for both criminal violations

b. was fined a total of $62 million for both criminal violations.

Kira, an employee of Amex Corporation, committed a serious criminal act in an attempt to obtain a large sales order for her employer. A court found her guilty of the felony and also found the corporation guilty of criminal conduct. The company was fined $1 million. The court: a. acted properly if this were a federal proceeding; however, it did not act properly if this were a state proceeding. b. acted properly if this were a state proceeding but not if this were a federal case. c. acted properly in this case. d. erred in fining the company since finding both Kira and the corporation guilty violates the Double Jeopardy Clause of the Constitution.

c. acted properly in this case.

When a judge orders a criminal defendant to reimburse the victim, it is called: a. surrendering. b. restoration. c. restitution. d. reimbursement.

c. restitution.

The Miranda warning insures that the criminal suspects understand their constitutional rights relating to: a. res judicata. b. double jeopardy. c. self incrimination. d. search and seizure.

c. self incrimination.

A felony is distinguished from a misdemeanor based upon: a. the type of negligence involved. b. the rules of evidence. c. the length and place of possible imprisonment. d. the burden of proof.

c. the length and place of possible imprisonment.

A misdemeanor is distinguished from a felony based upon: a. the type of negligence involved. b. the burden of proof. c. the length and place of possible imprisonment. d. the rules of evidence.

c. the length and place of possible imprisonment.

Mark assaulted Tim in a tavern, causing medical expenses and lost wages. As a result: a. Tim can elect to sue for money damages or proceed with criminal charges. b. If Jim refuses to press charges against Mark, the state cannot initiate a criminal proceeding against him. c. If Mark is convicted of criminal assault, Tim is not allowed to sue him for money damages since that would violate the double jeopardy clause of the Constitution. d. Mark can be prosecuted by the state for a criminal offense and Tim may sue him for money damages.

d. Mark can be prosecuted by the state for a criminal offense and Tim may sue him for money damages.

Raina is an undercover police officer. One evening she is posing as a prostitute in a bar. Harold, a salesman who is attending an out-of-state convention, begins talking with Raina. After about ten minutes, Raina suggests going to her room for a good time but points out he will need to "donate" $100 to her. Arriving at Raina's hotel room, Harold asks if she is a policewoman. Raina lies and says she is not. When Harold gives her $100, Raina shows him her identification and arrests him. Which of the following is correct? a. Harold appears to have been the victim of entrapment since Raina lied about being a police officer. b. Harold appears to have been the victim of entrapment since Raina was the one who suggested the activity that resulted in Harold's arrest. c. Both (A) and (B). d. None of these answers.

d. None of these answers.

Shana, a police officer, stops Liam's car for a traffic offense. While talking to Liam, she shines a flashlight into the passenger compartment of Liam's car and sees evidence of drug paraphernalia. Which statement is correct? a. Shana may search the passenger compartment of the car without Liam's consent; however, she may not search the trunk of the car without his consent or without a search warrant. b. Shana may not search the passenger compartment of the car (nor any place else) without Liam's consent or a search warrant. However, she can require Liam to remain parked until the search warrant is brought to her. c. Under the above circumstances, Shana can write Liam a traffic citation but cannot search the vehicle. d. Shana may search the passenger compartment of the car and any place else in the car, including the trunk, without Liam's consent.

d. Shana may search the passenger compartment of the car and any place else in the car, including the trunk, without Liam's consent.

William burned his own warehouse in order to collect on a fire insurance policy. William has committed: a. larceny since he committed an act intended to wrongfully obtain money from his insurance company. b. a crime called "burning to defraud insurers" since the crime of arson only applies to property owned by another person. c. an intentional tort, but not a crime since a person has a right to destroy his own property. d. arson.

d. arson.

The burden of proof required in a criminal case is: a. a preponderance. b. clear and convincing. c. highest degree of honesty. d. beyond a reasonable doubt.

d. beyond a reasonable doubt.

Tory sent letters to 1,000 people offering to send them information that would guarantee them a profit in the stock market if they sent her $99.95. If they sent her the money, the brief, generally known information she sent them was: "Buy stocks when their prices are low, and sell when the prices are high." Tory is guilty of: a. nothing. She merely thought of and executed a clever way to make money. b. embezzlement. c. larceny. d. mail fraud.

d. mail fraud.

The primary purpose of RICO was: a. to prosecute those engaged in tax fraud. b. to prosecute illegal aliens. c. to be a tool against street crime. d. to be a tool against organized crime.

d. to be a tool against organized crime.