Chapter 6 Criminal Law questions

Perhaps the most significant federal statute specifically addressing cyber crime is the: a. Uniform Trade Secrets Act. b. Anticybersquatting Espionage Act. c. Counterfeit Access Device and Computer Fraud and Abuse Act. d. Berne Convention

-A--B

A defendant is criminally reckless if he or she: a. consciously disregards a substantial and unjustifiable risk. b. unconsciously disregards a substantial risk. c. commits any act that injures another. d. simply thinks about causing harm to another.

A

Any program that is harmful to a computer or computer user is known as: a. malware. b. spam. c. spyware. d. a Trojan horse.

A

Corporate directors and officers are personally liable for the crimes they commit: a. regardless of whether the crimes were committed for their private benefit or on the corporation's behalf. b. if the crimes were committed for their private benefit. c. if the crimes were committed for the corporation's behalf. d. None of these choices

A

Corporations: a. can be held liable for crimes, just as individuals can be. b. can never be held liable for crimes or torts. c. are not real persons, so they cannot be held liable for crimes, only for torts. d. can be held liable for crimes only if they are privately owned.

A

Duress exists when the wrongful threat of one person induces another person to perform an act that he or she: a. would not otherwise have performed. b. would have performed anyway. c. was thinking seriously about performing. d. None of these choices.

A

If Carl holds a gun to your head and tells you to steal money from your employer on his behalf (because you're the accountant and can do it rather easily), you: a. have a defense of duress. b. have a defense of mistake of law. c. have a defense of embezzlement. d. have no defense

A

In 1984, Congress passed the Sentencing Reform Act. This act created the U.S. Sentencing Commission, which was charged with the task of standardizing sentences for: a. federal crimes. b. state crimes. c. local crimes. d. misdemeanors.

A

In criminal law: a. the burden of proof is "beyond a reasonable doubt." b. the person who suffers harm is the party who brings suit. c. the sanctions imposed on wrongdoers are generally not as harsh than those that are applied in civil cases. d. All of these choices.

A

Often, a grant of immunity from prosecution for a serious crime is part of the: a. plea bargaining between the defending and prosecuting attorneys. b. negotiations between the defending and prosecuting attorneys. c. agreements made between the defending and prosecuting attorneys. d. None of these choices.

A

Persons who use one computer to break into another computer are sometimes referred to as: a. hackers. b. worms. c. phishers. d. spammers.

A

Probably the best-known defense to criminal liability is: a. self-defense. b. insanity. c. forgiveness. d. ignorance of the law.

A

Slemmer was a successful stock trader and consultant for investment clubs. One club was called Profit Design Group (PDG). Slemmer set up an account for PDG with a brokerage firm. He had control of the account and could make decisions about buying and selling stocks. He was not authorized to withdraw funds from the account for his own benefit, but he did so. Slemmer made misrepresentations to the club members about the account and eventually emptied it. He was prosecuted for embezzlement. He claimed that he was not guilty because he intended to return the investors' funds. The court most likely found that Slemmer was: a. guilty, because he never deposited funds to replenish the account. b. guilty, because the intent to return the embezzled property does not constitute a defense to the crime of embezzlement. c. not guilty, because he did not physically carry anything away. d. not guilty, because he did not intend to permanently deprive the members of their money.

A

The burden of proof in a criminal case is: a. beyond a reasonable doubt. b. by a preponderance of the evidence. c. beyond a rational doubt. d. by a majority of the evidence.

A

The test under which a criminal defendant is not responsible if, at the time of the offense, he or she did not know the nature and quality of the act or did not know the act was wrong is: a. the M'Naghten test. b. the irresistible impulse test. c. the justifiable use of force test. d. None of these choices.

A

To establish criminal liability, there usually must be a: a. concurrence between the act and the intent. b. coincidence between the act and the intent. c. similarity between the act and the intent. d. joinder between the act and the intent.

A

Which of the following DOES NOT describe a felony? a. If found guilty, you are sentenced to prison for up to six months. b. If found guilty, you go to federal or state penitentiary. c. If found guilty, you may face the death penalty. d. If found guilty, you may face life imprisonment

A

A person may be found not liable for committing a crime if that person: a. is over the age of eighteen. b. suffers from a mental disease and lacks substantial capacity to appreciate the wrongfulness of his or her acts. c. is voluntarily intoxicated. d. made a mistake of law.

B

All evidence obtained in violation of the constitutional rights spelled out in the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution normally is not admissible at trial under the: a. unconditional rule. b. exclusionary rule. c. inclusionary rule. d. Miranda rule.

B

Any violation of criminal law that involves knowledge of computer technology for its perpetration, investigation, or prosecution is called: a. meta crime. b. computer crime. c. cyber crime. d. virtual crime.

B

At trial, the criminal prosecution must show that, based on all the evidence, the defendant's guilt is established: a. by a preponderance of the evidence. b. beyond a reasonable doubt. c. beyond a rational doubt. d. beyond a preponderance of the evidence.

B

Bob often left his friend Mark in charge of his bicycle store. One Saturday evening, after Mark had left for the week, Bob discovered that he was missing $9,000 in cash. Mark may be guilty of: a. robbery. b. embezzlement. c. misappropriation. d. conversion.

B

Corporations are normally liable for the crimes committed by their agents and employees: a. at all times. b. within the course and scope of their employment. c. only if those employees hold supervisory positions. d. None of these choices.

B

Cyber crime can best be defined as: a. a crime against property. b. not a new type of crime but a new way of committing crime--in cyberspace. c. a crime that necessarily also involves a tort. d. organized crime.

B

Grand juries are called in cases involving serious crimes, such as murder. For lesser crimes, an individual may be formally charged with a crime by a criminal complaint, or a(n): a. charge. b. information. c. indictment. d. probable cause indictment.

B

If James takes Ellen's diamond-studded watch from her desk at work while Ellen is at lunch and does not return it, he may be guilty of the crime of: a. battery. b. larceny. c. arson. d. forgery.

B

If a defendant is not given a Miranda warning: a. nothing he or she says can be admissible at trial. b. certain statements may still be admissible at trial if they fall under the "public safety" exception. c. he or she cannot be put on trial. d. he or she cannot be charged with a crime

B

If you are convicted of disorderly conduct and are sentenced to pay a fine and nothing more, you have committed: a. a fifth degree felony. b. a misdemeanor. c. a third degree felony. d. only a tort.

B

In criminal law, a prohibited act is referred to as the: a. actus reus , or guilty thought. b. actus reus , or guilty act. c. mens rea , or guilty act. d. mens rea , or guilty thought.

B

Mail and wire fraud, bribery, bankruptcy fraud, and the theft of intellectual property are offenses typically associated with: a. violent crime. b. white-collar crime. c. public order crime. d. organized crime.

B

Serious crimes punishable by death or by imprisonment for more than one year are called: a. misdemeanors. b. felonies. c. petty offenses. d. major offenses.

B

Traditional markets for organized crime include all of the following except : a. gambling. b. insider trading. c. prostitution. d. loan sharking.

B

When a person entrusted with another person's property or funds fraudulently appropriates that property or those funds, the result is: a. extortion. b. embezzlement. c. receiving stolen goods. d. obtaining goods by false pretenses.

B

A form of identity theft in which a criminal poses as a legitimate business, such as a bank, in order to collect financial data and passwords from consumers is called: a. spamming. b. hacking. c. phishing. d. flaming.

C

A wrong against society proclaimed in a statute and punishable by a fine and/or imprisonment (and, in some cases, death) is known as a(n): a. capital crime. b. intentional tort. c. misdemeanor. d. strict liability tort.

C

Gomez, an informant for the police, posed as an ex-convict. He urged Saldana to sell cocaine to make money. Although Saldana used cocaine, he did not want to sell it. Finally, to get Gomez to stop pestering him, Saldana agreed to sell some cocaine to Castillo, an undercover police officer. Saldana claimed that he had been entrapped. The court most likely found that Saldana was: a. not guilty, because he was induced to sell the drugs. b. not guilty, because Gomez was annoying. c. guilty, because an undercover agent suggested that he sell drugs. d. guilty, because he was not induced to sell the drugs.

C

Individuals must be formally charged with having committed specific crimes before they can be brought to trial. If issued by a grand jury, such a charge is called a(n): a. summons. b. information. c. indictment. d. affidavit.

C

Kayla advertises on the radio that she is selling a cream guaranteed to grow hair. Kayla knows that the cream will not do what she claims it will. Kayla may be tried: a. under state law only. b. under international law under the Convention on International Transmissions. c. for the federal crime of wire fraud. d. for the crime of embezzlement.

C

Martin runs an illegal gambling operation out of the back of a store that he owns. The store shows increasing profits because Martin reports the profits of his gambling operation as legitimate store income on his tax returns. Martin is engaged in: a. insider trading. b. economic espionage. c. money laundering. d. burglary.

C

Minor violations, such as jaywalking or violations of building codes, are known as: a. third-degree misdemeanors. b. felonies. c. petty offenses. d. major offenses.

C

Some torts, such as assault and battery, provide a basis for criminal prosecution as well as a civil action in: a. product liability. b. negligence. c. tort. d. strict liability. *

C

The defense designed to prevent police officers or other government agents from enticing persons to commit crimes in order to later prosecute them for criminal acts is: a. necessity. b. consent. c. entrapment. d. mistake.

C

The key difference between larceny and robbery is that: a. robbery involves breaking into a dwelling; larceny does not. b. larceny involves breaking into a dwelling; robbery does not. c. robbery involves force or fear; larceny does not. d. larceny involves arson; robbery does not

C

The standard of proof in a criminal law case is: a. by a preponderance of the evidence. b. the 50 percent rule. c. beyond a reasonable doubt. d. by clear and convincing evidence.

C

The taking of money, personal property, or any other article of value from a person by means of force or fear is known as: a. theft. b. burglary. c. robbery. d. extortion

C

To establish criminal liability: a. an act of commission is not necessary. b. an act of omission is always required. c. a wrongful mental state is typically required. d. None of these choices.

C

A crime is best defined as: a. a wrong committed only against persons. b. a wrong prohibited by the common law but not by statutory law. c. a wrong prosecuted by a private attorney. d. a wrong committed against society as a whole.

D

A form of theft that occurs when a wrongdoer steals a form of identification and uses the information to access the victim's financial resources is called: a. personal theft. b. cyber theft. c. meta theft. d. identity theft.

D

Ahmed relies on his computer skills to have enough money to attend college. He breaks into computer systems to transfer funds to his own accounts. He occasionally gets paid by other students for breaking into the university's computers to alter their grades. Ahmed is what is commonly referred to as a: a. cyberstalker. b. tortfeasor. c. cybersquatter. d. hacker.

D

Defenses to criminal liability include: a. immunity. b. mistake. c. duress. d. All of these choices.

D

It can be difficult to prosecute cybercriminals because: a. jurisdiction is often unclear. b. laws written to protect physical property may not always apply in cyberspace. c. cybercriminals do not leave physical traces as evidence of their crimes. d. All of these choices.

D

Public order crimes include: a. public drunkenness. b. gambling. c. illegal drug use. d. All of these choices.

D

The "responsible corporate officer" doctrine means that: a. corporate officers must be responsible for their own actions but not for statutory violations committed by employees under their supervision. b. corporate officers are responsible only for profits. c. corporate officers are never responsible for profits. d. corporate officers may be held liable for statutory violations committed by employees under their supervision.

D

The breaking and entering the dwelling of another at night with the intent to commit a felony is known as: a. theft. b. robbery. c. larceny. d. burglary.

D