crimes

Question 1

Crimes and criminal punishment guidelines are specified in detailed criminal codes and statutes.

Answer 1

TRUE

Question 2

Crimes are classified as common law or statutory according to their origin.

Answer 2

TRUE

Question 3

Generally, misdemeanors are more serious than felonies.

Answer 3

FALSE

Question 4

An act that is a felony in one state be a felony in all states.

Answer 4

FALSE

Question 5

A crime consists of three elements: the mental state, the intent, and the act.

Answer 5

FALSE

Question 6

It is not necessary that some person be harmed for an act to be considered a crime.

Answer 6

TRUE

Question 7

“Mental state” does not require an awareness of guilt.

Answer 7

TRUE

Question 8

For nonbusiness crimes, only those who are actually involved in the act itself can be convicted of the crime.

Answer 8

TRUE

Question 9

For business crimes, managers cannot be held criminally responsible for the conduct of their employees.

Answer 9

FALSE

Question 10

Because a corporation is not a human being, it cannot be convicted of a crime.

Answer 10

FALSE

Question 11

Executives can be convicted on the basis of “honest services” fraud that something went wrong at their company.

Answer 11

FALSE

Question 12

Some types of instruments of crime are automatically forfeited.

Answer 12

TRUE

Question 13

Criminal penalties for corporations are based on a percentage of sales.

Answer 13

FALSE

Question 14

Corporate Integrity Agreements are the equivalent of putting a corporation on probation.

Answer 14

TRUE

Question 15

Corporate managers found guilty of masterminding any criminal activity must be sentenced to prison time.

Answer 15

TRUE

Question 16

One of the modern trends in punishing business crimes involves barring executives and officers from working in their fields if they have a criminal conviction.

Answer 16

TRUE

Question 17

White-collar crimes generally involve violence.

Answer 17

FALSE

Question 18

The Racketeer Influenced and Corrupt Organizations (RICO) Act authorizes both criminal and civil actions.

Answer 18

TRUE

Question 19

The Racketeer Influenced and Corrupt Organizations (RICO) Act was designed primarily to prevent individuals involved in organized crime from investing money obtained through racketeering in legitimate businesses.

Answer 19

TRUE

Question 20

Bribery requires the use of violence.

Answer 20

FALSE

Question 21

Extortion and blackmail are exactly the same.

Answer 21

FALSE

Question 22

The Foreign Corrupt Practices Act applies to businesses with their principal offices located in the United States.

Answer 22

TRUE

Question 23

Forgery includes signing another person’s name to a check with the intent to defraud.

Answer 23

TRUE

Question 24

The issuing or delivery of a forged instrument to another person constitutes the crime of counterfeiting a forged instrument.

Answer 24

FALSE

Question 25

Embezzlement involves fraud.

Answer 25

TRUE

Question 26

Larceny is best defined as the taking of personal property from the presence of the victim by the use of force or fear.

Answer 26

FALSE

Question 27

A computer crime generally can only be committed by a person having some knowledge of the operation of a computer.

Answer 27

TRUE

Question 28

Destroying information stored on a computer may be a crime.

Answer 28

TRUE

Question 29

One of the exceptions to the Fourth Amendment requirement for a warranty is the “plain-view” exception.

Answer 29

TRUE

Question 30

Corporations are entitled to Fifth Amendment protection.

Answer 30

FALSE

Question 31

Due process includes the right to be heard, question witnesses, and present evidence.

Answer 31

TRUE

Question 32

​Crimes are generally defined and their punishments specified by:

Answer 32

CODES AND STATUTES

Question 33

​All states recognize _________, which protects privileged documents and notes from seizure by the government, even with a warrant.

Answer 33

​the attorney-client privilege

Question 34

​A crime generally consists of:

Answer 34

​a mental state and an act or omission.

Question 35

​Specific statutes define the _______, which is the criminal conduct required to be charged with a crime.

Answer 35

ACTUS REUS

Question 36

​When a defendant is convicted of a crime, the court may also declare that the defendant’s rights in any property used or gained from the crime be confiscated. This is known as __________.

Answer 36

FORFEITURE

Question 37

​Penalties for crimes are:

Answer 37

​always paid to the government.

Question 38

​If U.S. Senator Jones is charged with a conflict of interest because of his financial interest in a firm he helped to secure a contract, he would most likely be charged with the crime of ________.

Answer 38

​improper political influence

Question 39

​Conspiracy means ____ committing a criminal act.

Answer 39

​an agreement aimed at

Question 40

​Money __________ involves the knowing and willful participation in a financial transaction involving unlawful proceeds when the transaction is designed to conceal or disguise the source of the funds.

Answer 40

LAUNDERING

Question 41

​The Racketeer Influenced and Corrupt Organizations (RICO) Act is a product of:

Answer 41

CONGRESS

Question 42

​Racketeering is defined as:

Answer 42

​using money derived from illegal activities to invest in legitimate businesses.

Question 43

​Bribery is defined as:

Answer 43

​giving money, property, or any benefit to a person to influence that person's judgment.

Question 44

​Blackmail is defined as:

Answer 44

an illegal demand made by a nonpublic official.

Question 45

​In some states, the taking of information from a computer without the consent of the owner is called _______.

Answer 45

​computer trespass.

Question 46

Counterfeiting is:

Answer 46

​both a federal and state crime.

Question 47

​Perjury occurs:

Answer 47

​In both oral and written forms.

Question 48

​The ______ makes it a federal offense to circumvent or create programs to circumvent encryption devices that copyright holders place on copyrighted material to prevent unauthorized copying.

Answer 48

DMCA

Question 49

​Failure to give ______ means that a defendant’s statements or confession cannot be used as evidence against that individual.

Answer 49

​the Miranda warnings

Question 50

​In a prosecution for unauthorized use of computers, unsecure _______ has proven to be a challenge in prosecution for unauthorized use of computer information. ​

Answer 50

computer raiding

Question 51

If a person unlawfully gains access to a computer and fraudulently causes goods to be "lost" from their true destination, he might be guilty of _______.

Answer 51

diverted delivery by computer.

Question 52

A computer crime generally requires that:

Answer 52

the criminal have some knowledge of computers.

Question 53

Computer crimes include:

Answer 53

ALL) theft of hardware, theft of software, intentional damage to information stored on a computer.

Question 54

The unauthorized use of a computer belonging to someone else is:

Answer 54

a crime in some states.

Question 55

The Economic Espionage Act (EEA):

Answer 55

makes it a crime to transfer proprietary files, documents and information from a computer to an unauthorized person.

Question 56

The Fourth Amendment to the United States Constitution's protection against unreasonable searches applies to:

Answer 56

both homes and businesses.

Question 57

The Fifth Amendment to the United States Constitution's protection against self incrimination applies to

Answer 57

individuals only.

Question 58

Due process rights apply to:

Answer 58

both individuals and corporations.