BLAW Chapter 6 T/F
A grand jury decision will result in a final judgment as to the guilt or innocence of the defendant.
False
Bill has had 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 businesses cannot be perpetrators of criminal actions.
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 businesses that are engaged in 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 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 that could be a form of self-incrimination as interpreted by the courts.
False
The Fifth Amendment would protect a defendant from having to have his photograph taken, since this would be a type of communication.
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 State may appeal a verdict of "not guilty" if there is an error in the trial.
False
The defendant must testify in a criminal proceeding.
False
The elements of embezzlement are included in larceny.
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
he crime of bribery is committed only when an illegal offer is accepted.
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
Computer crimes are so commonplace that an estimated two out of every three copies of software are illegally obtained.
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 to 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
If Sherea, a county commissioner, threatened Brent that unless she received a 15 percent interest in his proposed development she would use her influence to prevent approval of the development, she has committed criminal extortion.
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 be actually defrauded.
True
Robbery is a 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 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 statutory law rather than by the common law, although many of the crimes in statutory form had their origins in the common law.
True
Torts are civil cases, not criminal cases.
True
Vicarious liability is imposed upon one person for the acts of another.
True
he Federal Organizational Corporate Sentencing Guidelines may require restitution to victims of certain corporate crimes.
True
