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crimes Flashcards

1
Q

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

A

TRUE

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2
Q

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

A

TRUE

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3
Q

Generally, misdemeanors are more serious than felonies.

A

FALSE

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4
Q

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

A

FALSE

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5
Q

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

A

FALSE

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6
Q

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

A

TRUE

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7
Q

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

A

TRUE

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8
Q

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

A

TRUE

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9
Q

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

A

FALSE

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10
Q

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

A

FALSE

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11
Q

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

A

FALSE

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12
Q

Some types of instruments of crime are automatically forfeited.

A

TRUE

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13
Q

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

A

FALSE

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14
Q

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

A

TRUE

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15
Q

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

A

TRUE

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16
Q

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.

A

TRUE

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17
Q

White-collar crimes generally involve violence.

A

FALSE

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18
Q

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

A

TRUE

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19
Q

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.

A

TRUE

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20
Q

Bribery requires the use of violence.

A

FALSE

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21
Q

Extortion and blackmail are exactly the same.

A

FALSE

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22
Q

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

A

TRUE

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23
Q

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

A

TRUE

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24
Q

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

A

FALSE

25
Q

Embezzlement involves fraud.

A

TRUE

26
Q

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

A

FALSE

27
Q

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

A

TRUE

28
Q

Destroying information stored on a computer may be a crime.

A

TRUE

29
Q

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

A

TRUE

30
Q

Corporations are entitled to Fifth Amendment protection.

A

FALSE

31
Q

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

A

TRUE

32
Q

​Crimes are generally defined and their punishments specified by:

A

CODES AND STATUTES

33
Q

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

A

​the attorney-client privilege

34
Q

​A crime generally consists of:

A

​a mental state and an act or omission.

35
Q

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

A

ACTUS REUS

36
Q

​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 __________.

A

FORFEITURE

37
Q

​Penalties for crimes are:

A

​always paid to the government.

38
Q

​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 ________.

A

​improper political influence

39
Q

​Conspiracy means ____ committing a criminal act.

A

​an agreement aimed at

40
Q

​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.

A

LAUNDERING

41
Q

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

A

CONGRESS

42
Q

​Racketeering is defined as:

A

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

43
Q

​Bribery is defined as:

A

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

44
Q

​Blackmail is defined as:

A

an illegal demand made by a nonpublic official.

45
Q

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

A

​computer trespass.

46
Q

Counterfeiting is:

A

​both a federal and state crime.

47
Q

​Perjury occurs:

A

​In both oral and written forms.

48
Q

​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.

A

DMCA

49
Q

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

A

​the Miranda warnings

50
Q

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

A

computer raiding

51
Q

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 _______.

A

diverted delivery by computer.

52
Q

A computer crime generally requires that:

A

the criminal have some knowledge of computers.

53
Q

Computer crimes include:

A

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

54
Q

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

A

a crime in some states.

55
Q

The Economic Espionage Act (EEA):

A

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

56
Q

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

A

both homes and businesses.

57
Q

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

A

individuals only.

58
Q

Due process rights apply to:

A

both individuals and corporations.

crimes (1 decks)

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