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BUS-340 > Chapter 6 - Crime > Flashcards

Chapter 6 - Crime Flashcards

1
Q

When does conduct become criminal?

A

When society outlaws it
When it harms public safety

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2
Q

Criminal Procedure

A

The process by which criminals are investigated, accused, tried, and sentenced

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3
Q

Who can prosecute a crime an punish someone by sending them to prision?

A

Only the government

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4
Q

Restitution

A

When a guilty defendant must reimburse the victim for the harm suffered

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5
Q

Beyond a reasonable doubt

A

The very high burden of proof in a criminal trial, demanding much more certainty than required in a civil trial

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6
Q

Right to a Jury

A

For any charge that could result in a sentence of six months or longer

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7
Q

Bench Trial

A

There is no jury; the judge reaches a verdict

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8
Q

Felony

A

A serious crime for which a defendant can be sentenced to one year or more in prison

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9
Q

Misdemeanors

A

A less serious crime, often punishable by less than a year in a county jail

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10
Q

When is a defendant not guilty of a crime?

A

If they were forced to commit it
Acted under duress

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11
Q

Entrapment

A

When the government induces the defendant to break the law, the prosecution must prove beyond a reasonable doubt that the defendant was predisposed to commit the crime

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12
Q

A defendant can be convicted of taking part in a conspiracy if:

A
  • A conspiracy existed
  • The defendants knew about it
  • And some member of the conspiracy voluntarily took a step toward implementing it
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13
Q

The Fourth Amendment

A

Prohibits the government from making illegal searches and seizures

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14
Q

Warrant

A

Written permission from a neutral officer to conduct a search

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15
Q

A warrant must…

A

Specify with reasonable precision the place to be searched and the items to be seized

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16
Q

Probable cause

A

It is likely that evidence of a crime will be found in the place to be searched

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17
Q

Searches without a warrant

A

Plain view - evidence of a crime was in plain view

Emergencies - police believe evidence is about to be destroyed

Automobile - police lawfully stopped a car and then observe evidence of other crimes in the car

Lawful Arrest - can search someone they have already arrested
Consent - Someone lawfully living in a dwelling allowing police in

Stop and Frisk - Must have a clear and specific reason to suspect a criminal activity afoot and that person might be armed and dangerous

No Expectation of Privacy - in an area where defendant does not have a reasonable expectation of privacy

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18
Q

Police need a warrant to…

A

Search the contents of your cell phone or personal computer
Intercept email in transit
Read private Facebook profiles and postings
Attach a GPA to your car
Require a blood test

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19
Q

Police do not need a warrant to…

A

Require a DNA test on someone arrested for a serious crime
Require a breathalyzer test
Obtain records from the phone company (phone’s location or a list of numbers called)
Find out whom you have emailed or what websites you have visited
Search your internet messages
Chech your public social media profiles or Twitter posts

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20
Q

Exclusionary rule

A

Any evidence the government acquires illegally may not be used at trial

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21
Q

The Sixth Amendment

A

Guarantees the right to a lawyer at all important stages of the criminal process

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22
Q

Double Jeopardy

A

A criminal defendant may be prosecuted only once for a particular criminal offense

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23
Q

Grand Jury

A

A group of ordinary citizens that decides whether there is probable cause the defendant committed the crime with which they are charged

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24
Q

Arraignment

A

where clerk reads the formal charges of the indictment, and defendants enter a plea to the charges

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24
Q

Indictment

A

The government’s formal charge that the defendant has committed a crime and must stand trial

25
Q

Plea Bargain

A

An agreement in which the defendant pleads guilty to a reduced charge, and the prosecution recommends to the judge a relatively lenient sentence

26
Q

Fifth Amendment

A

Bars the government from forcing any person to provide evidence against themself

27
Q

Eighth Amendment

A

Prohibits cruel and unusual punishment

28
Q

Larceny

A

The trespassory taking of personal property with the intent to steal it

29
Q

Embezzlement

A

The fraudulent conversion of property already in the defendant’s possession

30
Q

Fraud

A

Deception for the purpose of obtaining money or property

31
Q

Types of Internet Fraud

A

Auctions - selling goods they do not own, provide defective goods, or offer fakes
Identity Theft - steal SSN and other personal info and use it to obtain loans and credit cards
Phishing - illegal imitation of a legitimate site to collect people’s information

32
Q

Identity Theft and Assumption Deterrence Act of 1998

A

Prohibits the use of false identification to commit fraud or other crime
Permits the victim to seek restitution in court

33
Q

Aggravated Identity Theft

A

Statute that imposes a mandatory additional sentence of two years on anyone who engages in identity theft during the commission of certain crimes

34
Q

Arson

A

The malicious use of fire or explosives to damage or destroy real estate or personal property

35
Q

Hacking

A

Gaining unauthorized access to a computer system

36
Q

The CFAA prohibits (Computer Fraud and Abuse Act of 1986)

A
  • Accessing a computer without authorization and obtaining information from it
  • Intentional, reckless, and negligent damage to a computer
  • Trafficking in computer passwords
37
Q

Who is liable if an agent commits a criminal act within the scope of his employment and with the intent to benefit the corporation?

A

The company is liable

38
Q

Making False Statements

A

illegal to make false statements or engage in a cover up during any dealings with the U.S. government

39
Q

RICO (Racketeer Influenced and Corrupt Organizations Act)

A

A powerful federal statute, originally aimed at organized crime, now used against many ordinary businesses

40
Q

What does RICO prohibit?

A
  • Investing in or acquiring legitimate businesses with criminal money
  • Maintaining or acquiring businesses through criminal activity
  • Operating businesses through criminal activity
41
Q

Racketeering acts

A

Any of a long list of specified crimes, such as embezzlement, arson, mail fraud, and wire fraud

42
Q

Treble damages

A

A judgment for three times the harm actually suffered, a result of RICO

43
Q

Money laundering

A

Using the proceeds of criminal acts wither to promote crime or conceal the source of the money

44
Q

Hiring illegal workers

A

Must verify their workers’ eligibility for employment in the US

45
Q

FCPA (Foreign Corrupt Practices Act)

A

Prohibits American companies from paying bribes overseas

46
Q

Punishments for a corporation

A

Fines and compliance programs

47
Q

Federal Sentencing Guidelines

A

The detailed rules that judges must follow when sentencing defendants convicted of federal crimes

48
Q

Compliance program

A

A plan to prevent and detect improper conduct at all levels of a company

49
Q

A fire breaks out in Arnie’s house, destroying the building and causing $150,000 damage to an adjacent store. The state charges Arnie with arson.

Simultaneously, Vickie, the store owner, sues Arnie for the damage to her property. The two juries in the two cases hear identical evidence, but the criminal jury acquits Arnie, while the civil jury awards Vickie $150,000. How did that happen?

A

The plaintiff offered enough proof to convince a jury by a preponderance of the evidence that Arnie had damaged her store. However, that same evidence, offered in a criminal prosecution, was not enough to persuade the jury beyond a reasonable doubt that Arnie had set the fire.

50
Q

Splash is a California corporation that develops resorts. Lawrence, a Splash executive, is hoping to land a $700 million contract with a country in Southeast Asia. He seeks your advice. “I own a fabulous beach house in Australia. What if I allow a government official and his family to stay there for two weeks? That might be enough to close the resort deal. Would that be wrong? Should I do it?” Please advise him.

A

If Lawrence gives anything of value (such as rent-free use of his house) to secure a government contract, he has violated the FCPA. It makes no difference where the property is located or the deal signed. He could go to jail, and his company could be harshly penalized. The loan of the house would be legal if the official was simply in charge of turning on utilities in the area where the resort would be built.

51
Q

T F Both the government and the victim are entitled to prosecute a crime

A

False

52
Q

T F If police are interrogating a criminal suspect in custody and he says that he does not want to talk, the police must stop questioning him.

A

True

53
Q

T F Corporate officers can be convicted of crimes; corporations themselves cannot be.

A

False

54
Q

T F An affidavit is the government’s formal charge of criminal wrongdoing.

A

False, affidavit is a written statement confirmed by oath or affirmation, for use as evidence in court

55
Q

T F A misdemeanor is a less serious crime, punishable by less than a year in jail.

A

True

56
Q

Cheryl is a bank teller. She figures out a way to steal $99.99 per day in cash without getting caught. She takes the money daily for eight months and invests it in a catering business she is starting with Floyd, another teller. When Floyd learns what she is doing, he tries it, but is caught in his first attempt. He and Cheryl are both prosecuted.
(a) Both are guilty only of larceny.
(b) Both are guilty of larceny and violating RICO.
(c) Both are guilty of embezzlement; Cheryl is also guilty of violating RICO.(d) Both are guilty of embezzlement and violating RICO.
(e) Both are guilty only of embezzlement.

A

(c) Both are guilty of embezzlement; Cheryl is also guilty of violating RICO.

57
Q

In a criminal case, which statement is true?
(a) The prosecution must prove the government’s case by a preponderance of the evidence.
(b) The criminal defendant is entitled to a lawyer even if she cannot afford to pay for it herself.
(c) The police are never allowed to question the accused without a lawyer present.
(d) All federal crimes are felonies.

A

(b) The criminal defendant is entitled to a lawyer even if she cannot afford to pay for it herself.

58
Q

Henry asks his girlfriend, Alina, to drive his car to the repair shop. She drives his car, all right—to Las Vegas, where she hits the slots. Alina has committed:
(a) fraud.
(b) embezzlement.
(c) larceny.
(d) a RICO violation.

A

(a) fraud.

59
Q

Which of the following elements is required for a RICO conviction?
(a) Investment in a legitimate business
(b) Two or more criminal acts
(c) Maintaining or acquiring businesses through criminal activity
(d) Operating a business through criminal activity

A

(b) Two or more criminal acts

60
Q

The police are not required to obtain a warrant before conducting a search if:
(a) a reliable informant has told them they will find evidence of a crime in a particular location.
(b) someone called 911 to report a house fire, but there are no signs of fire when they arrive.
(c) they see someone on the street who could possibly have committed a criminal act.
(d) someone living on the property has consented to the search.

A

(d) someone living on the property has consented to the search.

BUS-340 (4 decks)

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