CH 7
True or false: John had too many drinks at the local bar and, while driving home, struck and injured a pedestrian. When John is charged with operating under the influence, he can raise the defense of involuntary intoxication to avoid criminal responsibility.
False
True or false: Typically, a petty offense carries a penalty of at least a year in prison.
False (reason felonies are a year typically)
True or false: There is equal and consistent enforcement of anti-bribery laws in other countries.
False :Reason: Enforcement of anti-bribery laws in other countries is not always consistent.
True or false: A criminal defendant is not entitled to each and every protection of the Sixth Amendment. A defendant must choose which right, among those listed in the body of the amendment, should apply.
False Reason: A defendant is entitled to all the enumerated protections of the Sixth Amendment.
James agreed to sell John his automobile for $400. On the day of delivery, John wrote James a check and took possession of the car. Knowing there were insufficient funds to cover the check, John took possession of the car and left the state. John can be prosecuted for which type of criminal fraud?
False pretenses
The ______ Amendment protects against any state depriving any person of life, liberty or property.
Fourteenth
The amendment to the United States Constitution which reads that no state shall deprive any person of life, liberty, or property without due process of law is the __________ Amendment.
Fourteenth
If inspectors from the FDA arrive unannounced to inspect your manufacturing plant and criminal charges result from that inspection, you may be able to challenge those charges as a violation of the: _______.
Fourth Amendment
In U.S. v. Park, which of the following responsibilities did the defendant Park failed to fulfil, thereby enabling the government to establish a prima facie case? (Check all that apply.)
He failed to prevent the violation. He failed to promptly correct the violation.
Identify the differences between criminal and civil cases. (Check all that apply.)
In criminal cases, the objective is punishment, whereas in civil cases, the objective is to remedy a wrong done to the plaintiff. In criminal cases, the government is the prosecutor, whereas in civil cases, the plaintiff can be an individual.
In order to be convicted of bribery, the defendant must have offered something of value to influence a particular decision or acquire information. That something of value must have a minimum dollar value of: _______.
$0
Mistake of Fact
(1) A mistake that is not caused by the neglect of a legal duty by the person committing the mistake but, rather, consists of unconscious ignorance of a past or present material event or circumstance. (2) An affirmative defense in which the defendant tries to prove that she or he made an honest and reasonable mistake that negates the guilty-mind element of a crime.
For most crimes, there are ______ elements that must be proven by the government.
2
According to a study released in February 2018 by U.S.-based cybersecurity firm McAfee and the Center for Strategic and International Studies, the cost of computer scams and fraud on a global level reaching nearly $______ billion annually.
600
bribery
A corrupt and illegal activity in which a person offers, gives, solicits, or receives money, services, or anything of value in order to gain an illicit advantage.
Misdemeanor
A crime that is less serious than a felony and is punishable by a fine and/or imprisonment for less than one year.
extortion
A criminal offense in which a person obtains money, property, and/or services from another by wrongfully threatening or inflicting harm on the other's person, property, or reputation. Also called blackmail
affirmative defense
A defendant's response to a plaintiff's claim in which the defendant attacks the plaintiff's legal right to bring the action rather than attacking the fact of the claim or making excuses for unlawful behavior. Common affirmative defenses are expiration of the statute of limitations, mistake of fact, intoxication, insanity, duress, and entrapment.
petit jury
A group of 6 to 12 citizens who are summoned to court and sworn in by the court to hear evidence presented by both sides and render a verdict in a trial.
cyber terrorist
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, which may have an impact on millions of citizens if the terrorist's attack is successful.
False Pretenses
A materially false representation of an existing fact, with knowledge of the falsity of the representation and with the intent to defraud.
petty offense
A minor crime that is punishable by a small fine and/or imprisonment for less than six months in a jail.
hacker
A person who illegally accesses, or enters, another person's or company's computer system to obtain information or steal money.
Bail
A thing of value, such as a money bail bond or any other form of property, that is given to the court to temporarily allow a person's release from jail and to ensure his or her appearance in court.
bench trial
A trial before a judge, with the judgment decided by the judge rather than a jury; occurs when the defendant has waived his or her right to a jury trial.
embezzlement
A wrongful conversion of another's funds or property by one who is lawfully in possession of those funds or that property.
booking
After an individual is arrested, the procedure of recording the name of the defendant and the alleged crime in the investigating agency's or police department's records.
Involuntary Intoxication
An affirmative defense in which the defendant claims that she took the intoxicant without awareness of its likely effect, mistook its identity, or was forced to ingest it and that it left her unable to understand that the act committed was wrong.
insanity
An affirmative defense which claims that the defendant had a severe mental illness when the crime was committed that substantially impaired his or her capacity to understand and appreciate the moral wrongfulness of the act.
Which of the following is true about computer viruses? (Check all that apply.)
An effective virus will locate a computer user's email address book and then email itself to other computers through the email system. A virus destroys, rearranges, and/or damages computer data.
Strict Liability offense
An offense for which no mens rea is required.
probable cause
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.
duress
Any unlawful act or threat exercised on a person whereby the person is forced to enter into an agreement or to perform some other act against his or her will.
______ is the intentional burning of another's dwelling.
Arson
______ can occur when a debtor hides assets from the court or a creditor files a false claim against the debtor.
Bankruptcy fraud
______ is a scheme in which companies bill consumers for optional services they did not order.
Cramming
Which of the following is not a prohibition of the CFAA?
Downloading or uploading of pornographic images of children under the age of 16
The ______ Amendment protects against excessive bail.
Eighth
Which method of communication is not covered by the Mail Fraud Act?
Tito tells Sam that he knows about a great investment opportunity in a new computer company. As a result, Sam gives Tito a check for $10,000 made out to Compu-Plus, the new computer company. Compu-Plus is actually Tito's company, and Tito deposits the check in his personal checking account and immediately withdraws $9,500 in cash which he uses as a down payment on a luxury car. Tito has committed what crime?
Embezzlement, because he lawfully had possession of Sam's money and then converted it for his own use.
Which of the following protections does the Eighth Amendment of the Constitution offer? (Check all that apply.)
Excessive bail shall not be required. Cruel and unusual punishments shall not be inflicted. Excessive fines shall not be imposed.
______, otherwise known as blackmail, is the making of threats for the purpose of obtaining money or property.
Extortion
Identify the true statements about unlawful appropriation of data or services. (Check all that apply.)
It includes the use of office computers by employees to run their personal business. It involves the use of computer by an employee that is not authorized by the employer.
Joe is the President of Shake Corp., Inc. and while Joe was conducting business with a Shake Corp. client, he murdered the client because the client was going to steal Shake Corp.'s secret formula for making milk shakes. The only punishment for murder is imprisonment. What is most likely to happen?
Joe will be charged with murder.
Actus Reus
Latin for "guilty act"; a wrongful behavior that is associated with the physical act of a declared crime.
Mens Rea
Latin for "guilty mind"; the mental state accompanying a wrongful behavior
Amanda Jones was on trial for smothering her child with a pillow. She testified that she saw flames around the child's body and was trying to extinguish those flames. The jury found that Jones was not guilty by reason of insanity because she did not understand the nature of her act, applying the: _______.
M'Naghten test
The _______ also bans the use of wire, radio, and television transmissions to defraud the public, and now includes commercial carriers and courier.
Mail Fraud Act of 1990
Which of the following is not a typical impact of a virus on a computer?
Megan, who works for an accounting firm, runs her private tax consultancy using the laptop provided by her employer.
Which of the following scenarios most likely exemplifies unlawful appropriation of data or services? (Check all that apply.)
Megan, who works for an accounting firm, runs her private tax consultancy using the laptop provided by her employer.
a defense to a crime, says the crime was necessary to prevent a more severe crime from occurring.
Necessity
On a particularly busy New Year's Eve, a local liquor store sold a six pack of beer to a 19-year old customer. The liquor store was criminally charged under local law. The owner of the store claimed there was no criminal liability because the clerk did not know the customer was under 21. Is this a valid defense?
No, because the liquor store is strictly liable for selling alcohol to a 19-year old.
Which of the following is not one of the three main provisions of the Fifth Amendment to the United States Constitution?
Prohibition against cruel and unusual punishment
Which of the following conduct constitutes criminal fraud?
Purposefully overstating earnings to inflate stock values in a company
Which of the following is a federal crime-fighting law?
RICO
Which act was created to specifically combat white-collar crime?
Sarbanes-Oxley
In a criminal trial, who is viewed as the victim?
Society
Most constitutional safeguards designed to protect criminal defendants are found in ________.
The Bill of Rights
Which of the following acts protect an employee from retaliation when the employee report fraud against the government?
The False Claims Act
Which of the following are criminal cases? (Check all that apply.)
The U.S. Attorney's office has filed charges against an individual for tax fraud. The EPA has filed charges against Mavrex Corp. for illegal disposal of chemicals.
arrest
The action in which the police, or a person acting under the law, seize, hold, or take an individual into custody.
Which of the following must be shown to hold a corporation criminally responsible for the actions of its employees? (Check all that apply.)
The employee was acting within the scope of his or her employment. The employee was acting with the purpose of benefiting the corporation.
forgery
The fraudulent making or altering of a writing in a way that changes the legal rights and liabilities of another and with the intent to deceive or defraud.
First Appearance
The initial appearance of an arrested individual before a judge, who determines whether there was probable cause for the arrest. If the judge ascertains that probable cause did not exist, the individual is freed.
Vicarious Liability
The liability or responsibility imposed on a person, a party, or an organization for damages caused by another; most commonly used in relation to employment, with the employer held vicariously liable for the damages caused by its employees.
Abigail Jones was on trial for fraud and embezzlement. Her criminal conduct had resulted in hundreds of senior citizens losing their entire retirement investment. She was convicted by a twelve member jury, nine of whom were over the age of sixty. If Abigail Jone's attorney were to file an appeal claiming the trial violated the Sixth Amendment, which specific provision would likely apply?
The right to a trial by an impartial jury
robbery
The unlawful taking or attempted taking of property that is in the immediate possession of another by force or violence and/or by putting the victim in fear.
justifiable use of force
The use of force that is necessary to prevent imminent death or great bodily harm to oneself or another or to prevent the imminent commission of a forcible felony.
In which of the following situations is the use deadly force unjustifiable?
To protect property
The Bill of Rights are amendments to the ______.
U.S. Constitution
Officer Mills was provided with a search warrant to search a suspect's home. During the search, he found illegal narcotics. Later, Officer Mills learned that the search warrant was not supported by a properly authenticated affidavit. Should the narcotics be admissible at trial?
Yes, if Officer Mills acted in good faith.
virus
a computer program that rearranges, damages, destroys, or replaces computer data
With respect to imposing criminal responsibility on a corporate officer under the FDA, the United States Supreme Court has held that: _______.
a corporate officer can be found criminally responsible when that officer fails to fulfill a legal duty to correct potential violations of law.
Burgulary
a crime which someone unlawfully enters a building with intent to commit a felony or theft
information
a finding by a magistrate that there is enough to charge the defendant and bring him or her to trial
indictment
a finding by grand jury that there is evidence to charge the defendant and bring him to trial
James is facing up to five years in federal prison for health care fraud. Given the potential sentence, James is entitled to: _______.
a jury trial
A successful RICO action must contain evidence of: _______.
a pattern of racketeering
infant
a person who is legally not an adult. Lack of mental capacity of an adult. infancy can be used as partial defense to defuse guilty minded requirement of crime
nolo contendere
a plea by which a defendant in a criminal prosecution accepts conviction as though a guilty plea had been entered but does not admit guilt. (agrees not to contest the charges)
Felony
a serious crime, such as murder, rape, or robbery that is punishable by imprisonment for more than one year or death
white collar crime
a variety of nonviolent illegal acts against society that occur most frequently in the business context
One of the elements of a crime is a guilty act, otherwise known as: _______.
actus reus
The government must prove wrongful behavior to punish a criminal offender. This element is also known as: _______.
actus reus
Legal excuses for criminal behavior are known as ______ defenses.
affirmative
Norman points a shotgun at John and demands that John turn over the keys to his car. In most states, Norman would be charged with ______
aggravated robbery
neccessity
an affirmative defense in which the defendant tries to prove that he is acting to prevent imminent harm and that there is no legal alternative to the action the defendant took
plea bargain
an agreement in which the prosecutor agrees to reduce charges, drop charges, or recommend a certain sentence if the defendant pleads guilty
Arresting officers must be sure to comply with Miranda v. Arizona, which requires advising the individual being arrested that they have the right to: _______. (Check all that apply.)
an attorney remain silent
fraud
an intentional deception that cause harm to others, a basis for contesting a will if the testator relied on false statements when he or she is made
During the initial appearance before a magistrate, John plead innocent to the larceny charges leveled against him. In order to ensure that John was present for subsequent court appearances, the magistrate had the option of sending John to the county jail while the case was pending or setting ______, that is, a sum John would pay the court as security for his appearance.
bail
The amount of money defendants pay the court on release from custody as security that they will return for trial is known as ______.
bail
Before filing for bankruptcy protection under federal law, John transfers his retirement savings to his sister Elizabeth and asks that she act as sole legal owner of the funds. John has committed: _______.
bankruptcy fraud
Raising the defense of necessity against criminal charges would likely be appropriate where the defendant: _______. (Check all that apply.)
broke into a car to remove a child who had been left in a parking lot pushed a man out of the path of an oncoming car
John threatens to burn down Jacob's house in six months time if Jacob does not steal trade secrets from the software company where he is employed. Jacob steals the trade secrets and is charged with violating several criminal statutes. Jacob ______ successfully raise the affirmative defense of duress to avoid conviction.
cannot
Submitting false ______ to insurance companies seeking reimbursement for medical treatment is known as health care fraud.
claims
In Arizona v. Fulminante, the United States Supreme Court held that a(n) ______ confession can be ignored and treated as nonprejudicial at trial if the other evidence is sufficient to obtain a conviction.
coerced
Jacob, CEO of Mavrex Corporation, was being charged with violating the Securities and Exchange Act. The primary prosecution witness could not be located by the prosecuting attorney. If the main witness does not appear at trial, Jacob can claim violation of his Sixth Amendment right to: _______.
confront witnesses
The Supreme Court has held that as long as the message to a suspect is clear that he or she has the right to counsel and need not answer questions without counsel, the Miranda warning is: ______.
constitutional
RICO's prohibition against using funds from criminal activity to purchase or participate in other business enterprises renders it more difficult for legitimate businesses to act as a front for: _______.
criminal enterprises
A(n) ______ is a hacker who intends to exploit a target computer to create a serious negative impact on the users of the computer system.
cyber terrorist
The plea bargain mechanism is generally considered to benefit the: _______. (Check all that apply.)
defendant prosecution court
In the federal court system, sentencing is ______ -- that is, judges are provided a specific range of penalties for a particular crime.
determinate
A strict-liability crime: _______.
does not require a guilty state of mind on the part of the corporation
Marcus was scheduled to attend a business conference on behalf of his employer. Before leaving for the conference, Marcus was given $500 out of petty cash for travel incidentals and meals. He did not, however, attend the conference and pocketed the $500. If Marcus' employer discovers this, Marcus will likely be charged with: _______.
embezzlement
The requirement for burglary is met whenever a person ______.
enters a building without the owner's consent and with intent to commit a wrongful act
Jacob claimed that he falsified records submitted to the EPA only because an investigator encouraged him to do so in order to avoid missing a critical deadline. The investigator suggested that Jacob may lose his job if the records were not submitted on time. If Jacob is prosecuted for violation of federal and state criminal statutes, he may be able to assert the defense of: _______.
entrapment
Before prosecuting at the federal level, the government will decide if the ______ is sufficient to obtain a conviction.
evidence
The ______ rule holds that all evidence obtained in violation of the constitutional rights spelled out in the Fourth, Fifth, and Sixth Amendments to the United States Constitution is not normally admissible at trial.
exclusionary
When a jury considers insanity as a defense to a criminal charge, the testimony of ______ is required.
experts
Mistake of ______ as an affirmative defense tries to prove the defendant made an honest and reasonable mistake that negates the guilty-mind element of a crime.
fact
An employee who chooses to file suit against their employer for defrauding the government under the Claims Act will receive protection from employer retaliation as a whistleblower.
false
True or false: John has invited his friend, James, back to his place of business for a meeting. While he is there, James takes some cash off of John's desk. James has committed the crime of burglary.
false (Reason: James did not enter the premises unlawfully)
True or false: Only the use of fire in burning down the dwelling of another is sufficient to charge a suspect with arson.
false (reason : A charge of arson is also appropriate when incendiary devices are used)
Obtaining another's property by false representation is known as ______.
false pretenses
A grand jury indictment is constitutionally mandated in all: _______.
federal felony cases
Armed robbery of a bank teller likely falls under the classification of (n): ________.
felony
Although white-collar crime does not involve physical violence, there are still significant ______ and ______ costs that result from such conduct.
financial; social
Examples of white collar crimes include: _______. (Check all that apply.)
fraud
Caroline Jones takes some very expensive jewelry from a store. The next day, Caroline sells the jewelry at the local pawn shop, receiving $15,000 for it. In removing the jewelry from the store, Caroline has most likely committed: _______.
grand larceny.
The CEO of Orion Chemical Company took money that was intended to be used for bonuses. To find the CEO criminally responsible, the government must prove that the CEO acted with a(n) _______.
guilty mind
The Department of Justice has said that ______ is its top priority.
health care fraud
Before 1991, federal criminal sentencing was ______ with judges allowed -- but not required -- to engage in free-form fact finding before selecting the appropriate punishment within broad statutory ranges.
indeterminate
The President of ARC Corporation asked his 16-year-old summer intern, Jarrod, to send out a bulk mailing designed to entice consumers to provide sensitive financial information to the company for use in a credit scheme. If Jarrod is charged, along with other corporate executives, for mail fraud, Jarrod's attorney should raise the defense of: _______.
infancy
Individuals who are under the age of majority are known under the law as: ______.
infants
The buying and selling of a security, in breach of a fiduciary duty, while in possession of material, nonpublic information about the security is known as: _______.
insider trading
Successful prosecution of a defendant for false pretenses requires proof of a(n) ______ to relieve another of their property by false representation.
intent
To prove mail fraud, the government must demonstrate the ______ and the use of mail to further the fraudulent scheme.
intent to defraud
During an office holiday party, Jacob puts a drug into the drink of Mark, the manager, who becomes incoherent. Mark leaves the party, removes $1,000 from petty cash, and spends it on personal items that evening. When Mark is charged with embezzlement, he may be able to raise the defense of ______ intoxication.
involuntary
If a case goes to trial and the crime is a felony or a misdemeanor punishable by six months or more in prison, the defendant has a constitutional right to a(n): _______.
jury trial
Heading to the office break room for a cup of coffee, Mary absentmindedly forgets to put her iphone in the top desk drawer and lock it. While delivering office supplies, a co-worker removes the iphone from the desk and puts it in his pocket. Mary's co-worker has most likely committed: ______.
larceny
Strict Liability
liability in which responsibility for damages is imposed regardless of existence of negligence (liability without fault)
In many judicial settings, the judicial officer is called a(n
magistrate
In many judicial settings, the judicial officer is called a(n) .
magistrate
The lowest ranking judicial officials are known as .
magistrate
Typically, after a suspect is arrested and booked, the sufficiency of probable cause for the arrest is raised during the defendant's first appearance before a(n): _______.
magistrate
To prove ______, the government must prove that the defendant acted with purpose, knowledge, recklessness, or negligence, depending on which of these states of mind is required by the law defining the relevant criminal offense.
mens rea
Potential defenses a criminal defendant may raise to offset the criminal element of intent and avoid conviction are: _______. (Check all that apply.)
mistake of fact duress infancy
Duress, as a defense, is appropriate when an individual commits a crime under the threat of serious bodily harm, but only when the threat of harm is: _______.
more serious than the crime threatened
The Fifth Amendment privilege against self-incrimination applies to: _______.
natural persons
Computer crime is best described as a(n): ________.
new way of committing traditional crimes, like fraud and distributing pornography
During her arraignment on federal fraud charges, Abigail Price considered the impact of her plea on the civil fraud case that was also pending against her. Given these circumstances, her attorney advised that she plead: ______.
nolo contendere
If the defendant pleads ______ during the arraignment, the case is heard by a petit jury.
not guilty
A(n) ______ is an agreement in which a prosecutor agrees to reduce or drop charges if the defendant pleads guilty.
plea bargain
Jarrod went out one evening into an area of town known for the availability of prostitution. As he strolled down the street looking around for companionship, a woman approached and offered to provide services. Unbeknownst to Jarrod, the woman was an undercover police officer. Jarrod offered to pay her $100 for sex. Jarrod will not be successful in raising entrapment as an affirmative defense because, under the circumstances, he was ______ to commit the act.
predisposed
Although there may be a marketing value in determining consumers' calling habits, using false statements to uncover phone records is an invasion of privacy and a type of criminal fraud called: ______.
pretexting
A suspect will be released by the magistrate if the initial arrest was not supported by: _______.
probable cause
To obtain a search warrant in order to inspect business records, the government must demonstrate: _______.
probable cause
The Racketeer Influenced and Corrupt Organizations Act (RICO) has been an effective federal statutory tool in addressing: _______. (Check all that apply.)
provision of illegal goods and services bribery securities fraud
In New York v. Quarles, the United States Supreme Court created a(n) ______ exception that allows statements to be used at trial, even if the a person was not informed of his or her Miranda rights, if the need to protect the public is served by the admissibility of the statements in question.
public safety
John Jones, owner and CEO of Mavrex Corporation, was facing federal felony charges associated with misrepresenting his earnings statements in SEC filings. Jones' attorney strongly urged him to enter into a plea bargain with the prosecution to avoid the negative ______ that would accompany a trial.
publicity
When a business discovers that an employee has committed fraud -- for example, false reporting under the Securities and Exchange Act -- the organization may choose not to report the transgression in order to avoid negative: _______.
publicity
Davis, CEO of Meatpacking, Inc., hired a company to conduct regular inspections of the company plants. The contract price for these inspections was markedly lower than the firms Davis had worked with in the past. Despite the significant price difference, Davis did not check the inspection company's references. Davis and Meatpacking, Inc. were later charged with criminal violations of the Food and Drug Act. Davis raised the defense of mistake of fact; however, the jury found Davis guilty because his claimed mistake was not: _______.
reasonable
Defending oneself against a physical attack is justifiable, so long as the force used is: _______.
reasonable
Serious and costly business scandals led to the passage of a federal statute known as the Sarbanes-Oxley Act. One specific industry targeted by the Act is: _______.
registered public accountants
Acting on inside information in the purchase or sale of company stock, or insider trading, involves a breach of a(n) ______. (Check all that apply.)
relationship of trust fiduciary duty
Jacob holds a baseball bat over Abigail's head and threatens to hit her unless she hands over her laptop computer. Jacob has committed the crime of: _______.
robbery
Wrongfully taking someone's property, with the use of force or fear, is referred to in most jurisdictions as: ______.
robbery
Criminal fraud requires an intent to deceive, which is also known as: _______.
scienter
The Fifth Amendment to the United States Constitution provides protection against: _______. (Check all that apply.)
self-incrimination double jeopardy
Telemarketing schemes that are designed to bill customers for services they don't receive is known as cramming. The most susceptible targets of such schemes are often: ______.
senior citizens
Agent Don Smith of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives has a reasonable suspicion that a small printing business in the downtown area is selling handguns without a license. In order to arrest the owner, Agent Smith will have to: _______.
show probable cause exists to obtain an arrest warrant
Liability without fault is also referred to as ______ liability.
strict
Using false pretenses to obtain confidential telephone records can result in a prison sentence of up to ______ years.
ten (10)
arson
the criminal act of deliberately setting fire to someone else's property
The commission of a crime, in and of itself, does not mean that a defendant faces prosecution in federal court. Before proceeding, a federal prosecutor usually considers whether: ______. (Check all that apply.)
the evidence is sufficient to obtain a conviction prosecuting the case serves a federal interest
arraignment
the first appearance in court by defendant at which the defendant is advised of the pending charges, the right to counsel and the right to trial by jury and he/she enters a plea to the charge
insider trading
the illegal buying or selling of a corporation's stock or other securities by corporate insiders such as officers and directors. In breach of a fiduciary duty or some other relationship of trust and confidence while in possession of material, nonpublic info about security
The application of vicarious liability to impose criminal penalties on corporate executives when subordinates break the law finds its support in: _______.
the responsible corporate officer doctrine
Miranda Rights
the right that are read to an arrested individual by law enforcement agent before the individual is questioned about the commission of the crime
lareceny
the unlawful taking, attempt taking, carrying, leading, or riding away of another person's property with intent to permanently deprive rightful owner of the property
An arresting officer need not obtain an arrest warrant when: _______.
there is probable cause and no time to obtain a warrant
burden of proof
to convict a defendant, the duty of the plaintiff or prosecution to stablish a claim allegation by admissible evidence and to prove to the jury or court beyond any reasonable doubt, that the defendant committed all the essential element of the crime
True or false: Using television to defraud the public is a violation of the Mail Fraud Act of 1990.
true Reason: The mail fraud act covers communication methods such as radio and television.
Securities fraud, under Sarbanes-Oxley, is a felony punishable by ______ in prison.
twenty-five years
Corporate managers can be held legally responsible for crimes committed by lower-level employees under the ______.
vicarious liability doctrine
When a United States corporation provides financial incentives to officials in foreign countries in order to avoid local taxes, that corporation has: _______.
violated the FCPA
Threatening your employer with a gun in order to get a raise would not be considered a white collar crime because this conduct involves: _______.
violence
In order to avoid publicity, a defendant facing a federal felony charge may ______ the grand jury hearing and allow the charges to be offered by information.
waive
A criminal prosecution requires proof by the prosecution of a guilty mind. Mens rea can be established by evidence that a defendant acted: _______. (Check all that apply.)
with recklessness with purpose
Unlike information, indictment is a ______.
written accusation against the defendant presented by a grand jury
