LB TF CHP 6

Rhonda is arrested for a misdemeanor that carries a possible five-month prison sentence. She is entitled to a jury trial.

FALSE

Scott grabs Todd and threatens to stab him with his knife if Todd doesn't help Scott commit a robbery. If Todd helps Scott and is prosecuted, Todd would have a valid defense called self-defense.

FALSE

Selling liquor to a minor can result in criminal liability only if the seller intended to sell to an underage person.

FALSE

Teresa offered the police chief $40,000 to ignore illegal gambling activity in her establishment, but he refused. Teresa cannot be found guilty of bribery since the police chief refused her offer.

FALSE

The 2010 amendments to the Federal Organizational Corporate Sentencing Guidelines restricted the availability of reduced sentencing for corporations having effective compliance and ethics programs and meeting additional requirements.

FALSE

The American Law Institute's Model Penal Code provides that a corporation cannot be convicted of a criminal offense for the conduct of its employees or board of directors.

FALSE

The Federal Organizational Corporate Sentencing Guidelines provide for each criminal offense a base fine that can be reduced, but not increased, under certain circumstances.

FALSE

The Fifth Amendment protects all individuals against unreasonable searches and seizures.

FALSE

The Fifth Amendment would protect a defendant from having to give blood samples to the prosecution since it would be a form of self-incrimination as interpreted by the courts.

FALSE

The Sarbanes-Oxley Act passed in 2002 is the first comprehensive federal statute prohibiting computer crime.

FALSE

The Sixth Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital offense except by grand jury indictment.

FALSE

The defendant must testify in a criminal proceeding.

FALSE

The primary distinction between larceny and embezzlement is whether the person taking the property has the intent to deprive the victim permanently of the goods.

FALSE

The state may appeal a verdict of "not guilty" if there is an error in the trial.

FALSE

RICO provides for criminal penalties but contains no provision for civil penalties.

FALSE

A "bench trial" is one in which a jury renders the verdict.

FALSE

A criminal defendant may be convicted by a preponderance of the evidence.

FALSE

A summary judgment hearing is held in a criminal case to determine whether there is probable cause to believe the defendant is the one who committed the crime.

FALSE

Anton has had a problem with break-ins at his restaurant, so he rigs up a spring gun at the entryway, so that any after-hours intruder will be shot upon entry. Anton may legally use this deadly force to protect his business.

FALSE

Carelessness or negligence is a form of subjective fault.

FALSE

Civil law is a part of public law, whereas criminal law is a part of private law.

FALSE

Embezzlement and forgery are considered blue-collar crimes because they do not require highly technical skills.

FALSE

Felonies are less serious crimes usually punishable by a fine.

FALSE

Mala in se crimes are those crimes that are not morally wrong but are declared wrongful by the legislature.

FALSE

Murder is a mala prohibita type of crime.

FALSE

RICO defines a pattern of racketeering as the commission of three or more predicate acts within a five-year period.

FALSE

A crime is an act or omission in violation of public law and punishable by the government.

TRUE

A felony is a more serious type of crime than a misdemeanor.

TRUE

All jurisdictions have enacted laws making it a crime to write a check when there is not enough money in the account to cover the check.

TRUE

Although mens rea is a required element for most crimes, many regulatory crimes dispense with it.

TRUE

Because of the increasing use of criminal sanctions to enforce government regulation of business, criminal law is an essential part of business law.

TRUE

Carla offered $150,000 to the vice president of operations of AltoChem Co. to induce her to divulge a secret process. In some states Carla would be guilty of commercial bribery.

TRUE

Corporations may be held liable for a crime.

TRUE

If Aaron mistakenly hits Betty with his van and kills her, when he intended to hit and kill Cerise, his intent to kill Cerise is transferred to Betty, regardless of whether he even knew Betty, for the purpose of fulfilling the mental element of the crime.

TRUE

In the People v. Farell case, the court looked first to the words of the statute itself to determine legislative intent and determined that the theft statute applied to trade secrets as well as money.

TRUE

In the United States legal system, guilt is never presumed by the court.

TRUE

RICO has been successfully applied to businesses that are not engaged in organized crime, despite the fact that its intent is to target organized crime.

TRUE

Robbery is a larceny accompanied by force or a threat of force.

TRUE

Some states still recognize and prosecute common law crimes.

TRUE

The Fifth Amendment protects a defendant from double jeopardy.

TRUE

The term mala prohibita refers to the element of a crime that constitutes an unlawful act only by virtue of statute, as opposed to conduct that is evil in and of itself.

TRUE

The term mens rea refers to the mental intent element of a crime.

TRUE

There are no federal common law crimes.

TRUE

Today most crimes are covered by statutory law rather than by the common law, although many of the crimes in statutory form had their origins in the common law.

TRUE

Vicarious liability is liability imposed upon one person for the acts of another.

TRUE

White-collar crime is defined as a nonviolent crime usually involving deceit, corruption, or breach of trust.

TRUE