Chapter 6: Criminal Law

Question 1

Prosecution must prove these two things in a crime

Answer 1

1. criminal act or omission by the accused
2. existence of a wrongful state of mind or intent at time of wrongful act or omission

Question 2

If a special relationship exists that imposes a duty to act on a bystander, or if the bystander contributed through his actions to placing the victim in a dangerous situation, then the bystander will be guilty if he does not render assistance

Answer 2

criminal omission

Question 3

(T/F) It is possible to be guilty of a crime without having the required criminal intent in a few kinds of special cases.

Answer 3

True

Question 4

certain types of behavior that legislatures want to prevent regardless of the intent of the person engaging in the behavior, usually because of the inherently dangerous nature of the behavior and the danger it poses to others

Examples:
- traffic violations (speeding, running a red light, etc)
- driving under the influence

Answer 4

strict liability crimes

Question 5

(T/F) Whenever a strict liability crime is involved, the the mental state of the person committing the act is relevant.

Answer 5

FALSE

If a person is accused of speeding or running a red light, for example, all that needs to be shown by the prosecutor is that the act occurred. It is irrelevant that the accused did not intend to speed or did not see the red light before crossing it; what is punishable is the act itself.

Question 6

the most serious crimes and are punishable by more than one year’s imprisonment in a state or federal penitentiary

Answer 6

felonies

Question 7

less serious criminal offenses that can carry a maxi- mum penalty of one year’s imprisonment

Answer 7

misdemeanors

Question 8

minor offenses that typically are punishable by a fine or short prison sentence of 30 days or less

Answer 8

violations

Question 9

Punishable by death or imprisonment from 15 years to life, or by a fine of up to $250,000

Answer 9

first-degree

Question 10

Punishable by imprisonment of up to 15 years and/or a fine of up to $10,000

Answer 10

second-degree

Question 11

Punishable by imprisonment of up to 5 years and/or a fine of up to $5,000

Answer 11

third-degree

Question 12

include minor traffic infractions as well as such offenses as littering and spitting on the sidewalk

Answer 12

common violations

Question 13

maximum fine for each common violation

Answer 13

$500 or less

Question 14

nonviolent state or federal crimes committed in a business setting

Answer 14

white collar crime

Question 15

(1) Not engaging in illegal behavior, even unknowingly;

(2) Keeping clear, concise, and organized records in the event that your business is investigated or subpoenaed;

(3) Complying with all local, state, and federal taxes; and

(4) Complying with all laws regarding workers, such as those from the Occupational Safety and Health Administration (OSHA), workers’ compensation board, Social Security, and the Federal Insurance Contributions Act (FICA).

Answer 15

primary concerns as business manager

Question 16

1. Intentionally accessing a computer without authorization to obtain:
   * Information contained in a financial record of a financial institution, or con- tained in a file of a consumer reporting agency on a consumer;
   * Information from any department or agency of the United States; or
   * Information from any protected computer;
2. Intentionally accessing without authorization a government computer and affect- ing the use of the government’s operation of the computer; and
3. Knowingly accessing a protected computer with the intent to defraud and thereby obtaining anything of value.

Answer 16

Computer Fraud and Abuse Act

Question 17

intentional burning of another’s home

Answer 17

arson

second-degree felony

Question 18

Damaging the personal or real property of another purposely, recklessly, or negligently by the use of explosives, fire, or other dangerous means

Answer 18

criminal mischief

can be third-degree felony, a class A, B, or C misdemeanor or a violation, depending on nature and extent of damage caused

Question 19

breaking and entering any occupied structure with the intent of committing any crime inside

Answer 19

burglary

usually third-degree felony

but can be raised to a second-degree felony in many states if the crime is committed at night, if anyone is injured, or if burglar carries a weapon

Question 20

Anyone who knowingly enters real property owned by another without permission to do so

Failure to leave another’s property when instructed to do so

Answer 20

criminal trespass

misdemeanor

Question 21

A theft that is accomplished through either the use of force or the threat of force

Answer 21

robbery

usually second-degree felony

can become first-degree felony if perpetrator inflicts (or attempts) serious bodily harm

Question 22

The intentional taking and carrying away of the property of another with the intent to permanently deprive the owner of its use

Answer 22

larceny

either 3rd degree felony or misdemeanor, depending on value of stolen property

Question 23

The misappropriation of property in one’s care belonging to another

Answer 23

embezzlement

either 3rd degree felony or misdemeanor, depending on value of stolen property

Question 24

A person who purchases or otherwise acquires stolen property

Answer 24

receiving stolen property

either 3rd degree felony or misdemeanor, depending on value of stolen property

Question 25

A person who knowingly receives the benefit of services that are available for compensa- tion through the use of deception or any physical means to avoid paying for such services

Answer 25

theft of services

either 3rd degree felony or misdemeanor, depending on value of stolen property

Question 26

any material alteration to a written document issued by another that is made in order to defraud or mislead anyone

Answer 26

forgery

felony or misdemeanor, depending on nature of offense

Question 27

a check drawn on an account that no longer exists or on an account with insufficient funds to honor the check when it is presented

Answer 27

issue a bad check

misdemeanor

Question 28

Using a forged or stolen credit card to obtain goods, services, or cash advances and using a credit card after it has been canceled or recalled constitutes

Answer 28

credit card fraud

3rd degree felony if > $500
misdemeanor if < $500

Question 29

promising to give something of value in exchange for a public official’s official conduct (monetary, sexual, favors, etc)

Answer 29

bribery of a public official

misdemeanor