BLAW CH 6 TF

Computer crimes are so commonplace that an estimated two out of every three copies of software are illegally obtained

True

5th Amendment would protect a defendant from having to have his photograph taken, since this would be a type of communication.

False

A grand jury decision will result in a final judgement as to the guilt or innocence of the defendent

False

Bill has a problem with vandalism at his business. He rigs up a spring gun at the entryway to his store, so that any after-hours intruder will be shot upon entry. Bill may legally use this deadly force to protect his business.

False

Businesses suffer considerable loss as victims of criminal actions, but they cannot be perpetrators of criminal crimes.

False

Carelessness or negligence is a form of subjective fault

False

In a civil case, as few as six jurors are permitted, but there must be 12 jurors in a criminal case.

False

Murder is a mala prohibita type of crime

False

RICO does not apply to business who are involved with organized crime

False

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

False

Robbery and burglary are the same crime

False

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

False

The 5th Amendment would protect a defendant from having to give blood samples to the prosecution, since that could be a form of self-incrimination as interpreted by the courts

False

The 5th amendment protects from unreasonable searches and seizures

False

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

False

The crime of bribery is committed only when an illegal offer is accepted

False

The defendant must testify in a criminal proceeding

False

The elements of embezzlement are included in larceny

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 term actus reus refers to the mental intent element of a crime

False

Under the United States legal system you are guilty until proven innocent

False

Unlike larceny, embezzlement requires the intent to permanently deprive the owner of his property

False

A "bench trial" is one in which the decision is made without a Jury

True

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

True

A preliminary 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

True

All federal crimes are statutory

True

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

True

Corporations may be held liable for crimes

True

Crimes consist of two basic elements

True

Duress is a valid defense to larceny but not murder.

True

Embezzlement and forgery are considered white-collar crimes

True

Employers may be subject to criminal penalties for the unauthorized act of a manager who is acting within the scope of employment

True

In a criminal case, the defendant must be tried by jury if he so desires.

True

Mail fraud does not require the victim to actually be defrauded

True

Robbery is larceny accompanied by force

True

Some states still recognize common law crimes

True

The Federal Organizational Corporate Sentencing Guidelines encourage corporations to adopt a written code of conduct to deter crimes by their employees; compliance can lead to lesser penalties when crimes do occur.

True

The Federal Organizational Corporate Sentencing Guidelines may require restitution to victims of certain corporate crimes.

True

The Sarbanes-Oxley Act created a powerful Accounting Oversight Board with authority to review and discipline auditors

True

The burden of proof in a criminal trial is "beyond a reasonable doubt."

True

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

True

Torts are civil cases, not criminal cases

True

Vicarious liability is imposed upon on e person for the acts of another

True