SmartBook Ch. 6

Petty offenses

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

During which decade was the Sarbanes-Oxley Act passed?

The 2000s

Which of the following is not one of the essential elements required for criminal fraud liability?

The defendant fails to do what a reasonable person would have done under the same or similar circumstances.

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.

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

business

The purpose of ______ law is to punish an offender for causing harm to public health, safety, or morals.

criminal

The Eighth Amendment to the U.S. Constitution provides ______.

freedom from excessive bail

A cyber terrorist is a computer ______.

hacker

In a criminal trial, the ______ has the burden of proof.

prosecutor

Which of the following is not one of the three federal laws that have aided in the fight against business-related crimes?

the Bush-Cheney Doctrine

When law enforcement agents arrest individuals, the officers must inform the individuals of their ______ rights; otherwise, any information a defendant offers at the time of the arrest is not admissible at trial.

Miranda

Actus reus means ______.

guilty act

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 not an affirmative defense to crime?

ignorance of the law, advanced age

A cyber ______ is a hacker whose intention is the exploitation of a target computer or network to create a serious impact, such as the crippling of a communications network or the sabotage of a business or organization.

terrorist

The Sarbanes-Oxley Act of 2002 intends to limit ______.

white-collar crime

The burden of proof in a criminal trial has two elements: ______.

the burden of production of evidence and the burden of persuasion

Extortion is also known as ______.

blackmail

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

fraud

According to 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 attorney, but only after law enforcement authorities have questioned you."

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

1986

______ is the offering, giving, soliciting, or receiving of money or any object of value for the purpose of influencing the judgment or conduct of a person in a position of trust.

Bribery

______ is the wrongful conversion of another's property by one who is lawfully in possession of that property.

Embezzlement

Pursuant to the __________ Act, an employee who reports an employer for fraud against the government retains a share of the recovery as a reward for his or her efforts.

False Claims

A(n) ______ is a fraudulent operation in which the operator, an individual or organization, pays returns to its investors from new capital paid to the operators by new investors rather than from profit earned by the operator.

Ponzi scheme

Misdemeanors

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

______ was originally enacted to combat organized crime.

The Racketeer Influenced and Corrupt Organizations Act

Which of the following is an accurate statement regarding criminal procedure versus civil procedure?

The U.S. Constitution provides more express protections for a criminal defendant than for a civil defendant.

For a corporation to be held criminally liable for the acts of an employee, the prosecutor must show all but which of the following?

The employee who committed the act has not been criminally prosecuted.

True or false: In a criminal proceeding, the government files the charges against a defendant.

True

Which of the following is an accurate statement regarding extortion and bribery?

While bribery is offering something to obtain a desired result, extortion involves a threat if the victim does not give money or property.

______ crimes are nonviolent illegal acts against society.

White-collar

Which of the following must the government demonstrate to punish an individual for criminal behavior?

actus reus and mens rea

Which of the following is not an example of a fraudulent crime?

false imprisonment, negligence

Suppose Jim goes door-to-door selling vacuum cleaners at an amazing discount. To obtain the discount, customers must pay immediately, and the vacuum cleaner will be delivered to them in three to five business days. However, Jim possesses no vacuum cleaners and does not plan to deliver any. Jim has committed the crime of ______.

false pretense

False ______ is the illegal obtaining of property belonging to another through materially false representation of an existing fact, with knowledge of the falsity of the representation and with the intent to defraud.

pretense

Unlike in a civil procedure, the ______ always brings the criminal case in a criminal procedure.

prosecutor

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

racketeering

Which of the following does not constitute bribery?

rejecting a bribe

A defendant who is facing a punishment of _______ or more has a constitutional right to a jury trial.

six months

The Sixth Amendment to the U.S. Constitution protects the right ______.

to a speedy and public trial

Felonies

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

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.