SB Chapter 6

Which of the following is not an affirmative defense to crime?

ignorance of the law

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

prosecutor

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

prosecutor

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.

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.

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

the burden of production of evidence and the burden of persuasion

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

to a speedy and public trial

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

Criminal

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.

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.

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

business

Actus reus means ______.

guilty act

______ 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

_____ was originally enacted to combat organized crime.

The Racketeer Influenced and Corrupt Organizations Act

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 affirmative defense to crime?

advanced age

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 imprisonment

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

false imprisonment

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

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.

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.

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

negligence

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