BLAW chapter 5

Individuals who violate the Foreign Corrupt Practices Act can be fined up to ______ and/or imprisoned for up to ______.

$100,000; five years

True or false: Crimes are private wrongs.

False

True or false: Felonies are punishable by confinement for very limited periods of time..

False

Which of the following is another name for the Convention on Cybercrime?

The Budapest Convention

Which of the following declares it a crime for a United States firm to offer, promise, or make payments or gifts of anything of value to foreign government officials for the purpose of influencing any act or decision in their official capacity?

The Foreign Corrupt Practices Act

Which of the following requires executives to pay close attention to the quality of their companies' financial reporting and requires them to take steps to discover deficiencies in reporting systems and make necessary changes?

The Sarbanes-Oxley Act

The Electronic Communications Privacy Act contains provisions amending which of the following?

The Wiretap Act

The Fifth Amendment to the United States Constitution is designed to protect individuals ______.

against compulsory self-incrimination in certain cases, including testimonial evidence

The Computer Fraud and Abuse Act ______.

applies to computers used in interstate or foreign commerce

Voluntary intoxication ______.

can diminish the extent of a defendant's criminal liability if it prevents the formation of a specific criminal intent is not a complete defense to criminal liability

Premeditation is a ______ decision to kill.

conscious

The concept of infancy at common law means that children ______

etween the ages of fourteen and twenty-one are presumed capable of forming criminal intent

The Sarbanes-Oxley Act consists of civil, criminal, and accounting reforms that dramatically ______.

expand the accountability of corporate officers and directors

Under the responsible corporate officer doctrine, corporate officials may be held liable for crimes they ______.

fail to prevent by neglecting to control the misconduct of those subject to their control

True or false: Misdemeanors are greater crimes.

false

Criminal law requires ______ because it generally seeks to punish ______ wrongdoers. Multiple choice question.

intent; conscious

Imposing individual criminal liability on persons in business is difficult for prosecutors because ______. (Check all that apply.)

it is often difficult to prove criminal intent on the part of individual managers the criminal law was developed with individual wrongdoers in mind "bad news" about corporate activities may not reach upper-level managers

Ex post facto laws are ______. Multiple choice question.

laws that make criminal certain behavior after the behavior has occurred

Racketeering activity subject to the RICO statute includes ______.

mail, wire and securities fraud bribery

The USA Patriot Act and the Cyber Security Enhancement Act ______.

make it easier for the government to collect personal electronic information and increases penalties for computer criminals

The responsible corporate officer doctrine has been integrated into ______.

many state and federal laws

Disorderly conduct is an example of a(n) ______.

misdemeanor

The Fifth Amendment to the United States Constitution protects against ______.

multiple prosecutions for the same offense

An accused who becomes insane after trial but before sentencing is ______.

not sentenced until he regains sanity

Many first-degree murder statutes require proof of ______.

premeditation

The United States Constitution ______ ex post facto laws.

protects against

Felonies are ______.

punishable by confinement in a penitentiary for substantial periods of time.

The Federal Sentencing Guidelines ______.

require judges to use a formula based on issues such as the seriousness of the crime and the defendant's criminal record are designed to establish consistent sentences for federal crimes

The presumption of innocence ______.

requires the prosecution to prove each element of the crime beyond a reasonable doubt.

Mens rea is ______.

the criminal intent required for a person to be guilty of a crime

Proof beyond a reasonable doubt is the standard of proof ______.

the prosecution must meet to find a defendant guilty of a crime

Proof beyond a reasonable doubt is the standard of proof ______. Multiple choice question.

the prosecution must meet to find a defendant guilty of a crime

If an accused is incapable of assisting in the defense of her case, ______.

the trial may be delayed until the accused regains sanity

To demonstrate a "pattern" of RICO activity, the prosecution must prove, at a minimum, the commission of ______ offenses within a ______-year period.

two; 10

The Fourth Amendment to the United States Constitution is designed to protect an individual from ______.

unreasonable governmental intrusions on privacy

White-collar crime is the term used to describe ______.

various nonviolent criminal offenses committed by businesspersons and organizations

Business-related acts that primarily harm people outside of the corporation are referred to as ______ crime.

white collar