Criminal Law & Cyber Crime (Chapter 10)

Question 1

Haji is arrested at a warehouse in Industrial Park and is charged with the crime of theft. Haji will be prosecuted by

Answer 1

a district attorney or an attorney general.

Question 2

Sam, driving under the influence, causes a car accident that results in the death of Tanya. Sam is arrested and charged with a crime punishable by imprisonment for more than a year. This crime is

Answer 2

a felony.

Question 3

Rosa, who operates a Street Tacos restaurant in her apartment, is charged with criminal violations of the local health and building codes, state license regulations, and federal environmental statutes. To obtain a conviction, the prosecution must

Answer 3

prove beyond a reasonable doubt that Rosa committed every essential element of an
offense.

Question 4

Andy causes a disturbance at Brew Pub. He is arrested and charged with disorderly conduct, a crime punishable by imprisonment up to one year. This crime is

Answer 4

a misdemeanor.

Question 5

Kohl receives from Lily a camera stolen from Mark. Kohl knows that the camera is stolen, and he intends to keep it. Kohl is

Answer 5

criminally liable.

Question 6

Traditionally, the hundreds of thousands of acts defined as criminal in federal, state, and local laws have been grouped into broad categories, including

Answer 6

property crime.

Question 7

Bert pushes Connie to the ground, grabbing her phone as she falls. The use of force or fear is required for this act to constitut

Answer 7

robbery.

Question 8

Niles enters Omelet Café and points a gun at the cashier Pico. Niles forces Pico to open the register and give him all the money. Niles will most likely be charged with

Answer 8

robbery.

Question 9

Ed works for Family Dwellings Inc., an investment firm that buys, renovates, and rents foreclosed houses. Ed steals his employer’s digital files to start his own competing business, Good Homes LLC. This is

Answer 9

larceny.

Question 10

Kim takes off her ring and places it on her desk while she works. Without her knowledge or consent, her coworker Lum picks up the ring, puts it on, and walks away. Lum has likely committed

Answer 10

larceny.

Question 11

Chuck signs Dolly’s name, without her authorization, to the back of her paycheck, which was issued by Eastside Market. This is

Answer 11

forgery.

Question 12

Lon is an employee of Motor Parts, an auto parts store. On the orders of his employer, he switches trademarks on parts that come into the store to be sold to consumers. This is most likely

Answer 12

forgery.

Question 13

Bud works at a Cheap Stuff Store from which, without authorization, he takes merchandise that he has not paid for home for his own use. This is

Answer 13

larceny.

Question 14

Olinda, an employee of People’s Bank, deposits into her account checks entrusted to the bank through its ATM system by customers to deposit into their accounts. This is

Answer 14

embezzlement.

Question 14

Quay, the owner of RV Park, trusts Sara to manage the resort’s daily cash flow. One night, without Quay’s knowledge or consent, Sara takes and keeps $1,000 from the receipts. This is most likely

Answer 14

embezzlement.

Question 15

Dean solicits investors for a nonexistent business, eApps. Dean is arrested and charged with “mail fraud.” This requires intent to

Answer 15

defraud the public.

Question 16

Bob devises a scheme to send fraudulent e-mailed ads—claiming that an arrest warrant has been issued for non-payment of taxes—to individual taxpayers. By these false pretenses, Bob intends to obtain money and personal data. This is

Answer 16

wire fraud.

Question 17

Sid offers Tina, a city inspector, money to overlook health code violations in his restaurant. Tina accepts the money and overlooks the violations. Sid is charged with the crime of bribery. The crime occurred when

Answer 17

Sid offered the bribe.

Question 18

Quint, an employee of Reservations Inc. pays Sienna, an employee of Reservations’ competitor Travel Inc., for a list of Travel’s clients. This is most likely

Answer 18

commercial bribery.

Question 19

Bruno buys and sells stocks and bonds. Bruno may be subject to penalties under the Racketeer Influenced and Corrupt Organizations Act

Answer 19

for the commission of securities fraud.

Question 20

The Racketeer Influenced and Corrupt Organizations Act has become an effective tool in attacking

Answer 20

certain white-collar crimes.

Question 21

Franny is charged with a crime. Almost all federal courts and some state courts would not hold Franny liable if, at the time of the offense, as a result of a mental disease or defect, she lacked substantial capacity to obey the law and to appreciate

Answer 21

the wrongfulness of her conduct.

Question 22

Leo is accused of a crime. To obtain information about the crime from Leo, the state can

Answer 22

grant Leo immunity from prosecution

Question 23

Zoey is accused of auto theft. She refuses to give information related to her alleged criminal activities because she suspects it will be used to prosecute her. This is

Answer 23

the privilege against self-incrimination.

Question 24

A speedy trial, a trial by jury, a public trial, and the right to confront witnesses are guaranteed by

Answer 24

the Sixth Amendment.

Question 25

Erica, a police officer, wants to search the offices of Debit & Credit, Accountants. She asks Judge Bern to issue a warrant. No warrant for a search can be issued without

Answer 25

probable cause.

Question 26

Lloyd is accused of a crime. Evidence of his allegedly criminal activities can be excluded from a trial

Answer 26

if the evidence is “fruit of the poisonous tree.”

Question 27

Barb, a computer operator for Cloud Corporation, is arrested in her employer’s parking lot on suspicion of larceny. Barb must be informed of her right to

Answer 27

remain silent.

Question 28

Don sends an e-mail to Eve, promising her a percentage of the amount in a foreign bank account if she will assist in transferring the funds to a U.S. bank account. Eve forwards her account number, but the funds are never sent. Instead, Don quickly withdraws the funds in Eve’s account. This is

Answer 28

phishing.

Question 29

Jade puts up a collection of sports memorabilia for bids on BuyBay, an Internet auction site. Khalil makes the highest bid and sends the payment, which Jade receives, but she does not send the collection. This is

Answer 29

cyber fraud.

Question 30

Posing as eBank, Frank e-mails Grace, asking her to update her credit-card information through a link in the e-mail. She clicks on the link and types in the data, which Frank promptly sells to Hector. This is

Answer 30

phishing.

Question 31

Via the Internet, Britta enters false code into the computer control system of Chicken Company, a food maker, to alter the levels of ingredients so that consumers of the food become ill. Britta is

Answer 31

a cyberterrorist.

Question 32

Raul uses social media to post links that, when clicked, secretly install software on others’ computers without the owners’ knowledge Raul’s software is designed to harm or disrupt the computers. This program is

Answer 32

malware

Question 33

Riley commits an act via e-mail against State Bank, a business in Texas, where the act is a cyber crime. Riley resides in Utah where the act is not a crime. Prosecution of Riley in Texas involves questions of

Answer 33

jurisdiction.

Question 34

Enrique accesses Finance Bank’s computer system without authority to obtain protected financial records. Under federal law, this is

Answer 34

a felony if it was done for a commercial purpose.