Criminal Law And Procedure Test Bank Docx Chapter 5 17e

Business Law, 17e (Langvardt)

Chapter 5 Criminal Law and Procedure

1) Special deterrence occurs when punishment of a wrongdoer deters other persons from committing similar offenses.

2) When Congress created the U.S. Sentencing Commission and charged it with creating the Federal Sentencing Guidelines, Congress sought (among other things) to decrease judicial discretion in sentencing.

3) When a judge's sentencing decision is challenged on appeal, the governing standard will be one of reasonableness.

4) The U.S. Constitution allows ex post facto criminal laws.

5) Crimes are private wrongs.

6) Obscene expression receives no First Amendment protection.

7) The Eighth Amendment forbids cruel and unusual punishments.

8) The Equal Protection Clause prevents states and the federal government from enacting criminal laws that discriminate against different classes of persons.

9) Voluntary intoxication usually serves as a complete defense to criminal liability.

10) In the United States, a defendant in a criminal case is presumed innocent.

11) At a preliminary hearing, the prosecutor must prove his case by the "beyond a reasonable doubt" standard.

12) The language of the Bill of Rights only refers to actions of the federal government so the protections of the Bill of Rights do not apply to state government actions.

13) Owners of commercial property enjoy greater privacy expectations in their property for Fourth Amendment purposes than do owners of residential property.

14) Officers may conduct a warrantless search of an individual at the time of an arrest.

15) During a Terry stop, officers may not conduct a pat-down search of an individual without a warrant.

16) Under the USA PATRIOT Act, the Foreign Intelligence Surveillance Act Court (FISA Court) may issue warrants of the "sneak and peek" variety.

17) The Fifth Amendment prevents the government from coercing a defendant into making incriminating statements and thereby assisting his own prosecution.

18) In Miranda v. Arizona, the United States Supreme Court mandated that police officers have to give suspects a warning about their rights.

19) The Fifth Amendment guarantees indigent defendants the right to court-appointed counsel.

20) Through the concept of agency, a corporation's higher level corporate officials may be held criminally liable even in the absence of proof that they ordered the criminal acts.

21) A(n) ________ is a serious crime such as murder, sexual assault, arson, drug-dealing, or a theft or fraud offense of sufficient magnitude.

A) misdemeanor

B) felony

C) tort

D) infraction

22) Quasi-criminal infractions:

A) involve significant moral culpability on the offender's part.

B) are not punishable by fines.

C) are a serious crime.

D) are not punishable by confinement in jail.

23) ________ believe that prevention of socially undesirable behavior is the only proper purpose of criminal penalties.

A) Utilitarians

B) Ethical pragmatists

C) Virtue ethicists

D) Deontologists

24) What is recidivism?

A) A special theory of deterrence

B) A quasi-criminal offense punishable by light fines

C) Repeat offenses by previously punished offenders

D) Attempts to change the behavior of convicted offenders

25) ________ is the change in the attitudes or values of convicted offenders so that they are not inclined to commit future offenses.

A) Recidivism

B) Rehabilitation

C) Retribution

D) Probation

26) ________ is effectively a conditional sentence that suspends the usual imprisonment and/or fine if the offender "toes the line" and meets other judicially imposed conditions for the period specified by the court.

A) Probation

B) Retribution

C) Prevention

D) Rehabilitation

27) According to the law, crimes are statutory offenses; this essentially means that:

A) it must be proved that the crime is dangerous or detrimental to society.

B) a behavior is not a crime unless Congress or a state legislature has criminalized it.

C) the prevention of crime should include deterrence and rehabilitation.

D) courts may assess punitive damages in order to punish the wrongdoer.

28) A defendant's act must have been prohibited by statute at the time he/she committed it and the penalty imposed must be the one provided for at the time of his/her offense. This essentially indicates:

A) encouragement of deterrence laws.

B) the presence of nulla poena sine lege laws.

C) prohibition of ex post facto criminal laws.

D) the presence of retributive justice.

29) The First Amendment limits governmental power to enact and enforce criminal laws by prohibiting:

A) warrantless searches.

B) arbitrary discrimination among different classes of people.

C) cruel and unusual punishments.

D) laws that unreasonably restrict freedom of speech.

30) Commercial speech receives which form of protection under the First Amendment?

A) Intermediate protection

B) Full constitutional protection

C) Minimal protection

D) No protection

31) The ________ Amendment forbids cruel and unusual punishments.

A) First

B) Eighth

C) Fourteenth

D) Fifteenth

32) The Equal Protection Clause is derived from which amendment to the U.S. Constitution?

A) First

B) Fourteenth

C) Tenth

D) Second

33) The standard of proof in a criminal case is:

A) proof by a preponderance of the evidence.

B) proof beyond a reasonable doubt.

C) proof that is "more likely than not."

D) proof beyond the presumption of innocence.

34) Most serious crimes require mens rea, which is criminal:

A) behavior.

B) violation.

C) intent.

D) prosecution.

35) ________ means that the accused failed to perceive a substantial risk of harm that a reasonable person would have perceived.

A) Duress

B) Recklessness

C) Exculpation

D) Negligence

36) Although not a complete defense to criminal liability, ________ may diminish the degree of a defendant's responsibility in a crime.

A) voluntary intoxication

B) premeditation

C) infancy

D) insanity

37) Assume that a state, acting through the appropriate county prosecutor, plans to initiate a felony prosecution against Joe Beck. Further assume that the state is among those in which felony defendants may be charged by either of the two methods discussed in the text. Which of the following is an accurate statement?

A) If a preliminary hearing is held and the judge conducting it concludes that there is probable cause to believe that Beck committed the charged felony, the judge (who presided over the preliminary hearing) will find Beck guilty and sentence him accordingly.

B) If the prosecutor decides to follow the information route to initiating the felony prosecution, Beck is entitled to insist that a grand jury be convened to determine whether he should be prosecuted by the state.

C) If a preliminary hearing is held, the state must prove Beck's guilt beyond a reasonable doubt in order to carry its burden of proof at the preliminary hearing stage.

D) If a preliminary hearing is held and the magistrate conducting it concludes that there is probable cause to believe that Beck committed the charged felony, the magistrate binds over the defendant for trial in the appropriate court.

38) What occurs during an arraignment of a criminal defendant?

A) The defendant is brought before the court, informed of the charges, and asked to enter a plea.

B) Both the prosecutor and the defense select a jury for trial.

C) The prosecutor and the defense argue over the admissibility of key evidence.

D) The jury delivers its verdict.

39) Which of the following serves essentially the same function as a magistrate's probable cause determination?

A) Arraignment

B) Special deterrence

C) Indictment

D) Incapacitation

40) A(n) ________ is a formal charge signed by the prosecutor outlining the facts supporting the charges against the defendant.

A) booking

B) indictment

C) information

D) arraignment

41) The Fourth Amendment to the U.S. Constitution:

A) protects persons against all searches and seizures.

B) provides protection to places or items as to which the Supreme Court found no reasonable expectations of privacy such as open fields and personal bank records.

C) provides protection to matters such as voluntary conversations between criminal defendants and government informants.

D) protects persons against arbitrary and unreasonable governmental violations of their privacy rights.

42) Which of the following would the United States Supreme Court deny there is a reasonable expectation of privacy for items in these locations?

A) Private dwellings

B) Offices

C) Mail

D) Items left in an open field

43) Which of the following characterizes searches?

A) They are covered by the Fourteenth Amendment.

B) Warrants are not required for a search on private property.

C) Consensual searches without warrants violate the Fourth Amendment.

D) Customs searches are valid without a warrant.

44) Which United States Supreme Court case indicated that the search-incident-to-arrest doctrine does not permit a police officer from searching a smart phone of an individual who was arrested without a warrant?

A) Riley v. California

B) Miranda v. Arizona

C) Maryland v. King

D) Marbury v. Madison

45) What is the basic remedial device in cases of Fourth Amendment violations?

A) Exclusionary rule

B) Due process clause

C) Habeas corpus

D) Counterclaim

46) When a court applies the exclusionary rule in a criminal case, it means that:

A) the case will be dismissed.

B) the defendant will be convicted.

C) the evidence seized in an illegal search will not be admitted at trial.

D) an arraignment will not take place.

47) Assume that an applicable state statute makes it a crime for a private citizen to possess a machine gun. For approximately three weeks, Officer Roy Holt had probable cause to believe that Alex Hood, a private citizen, possessed an arsenal of machine guns in his apartment. Acting on this probable cause, but without a warrant, Holt knocked on the door of Hood's apartment and asked Hood if he could come in to talk with him. Hood let Holt inside his apartment. Then, without Hood's consent, Holt began searching the entire apartment. Holt found several machine guns in the bedroom closet. He arrested Hood for an alleged violation of the statute mentioned above. In a pretrial motion, Hood's attorney asked that the court apply the exclusionary rule and suppress the evidence yielded by Holt's search of Hood's apartment. Should the evidence be suppressed?

A) No, because Holt had probable cause to believe that Hood had the machine guns in his apartment.

B) Yes, because the unconsented search did not fall within the exceptions to the general rule that warrantless searches are unreasonable.

C) No, because Hood voluntarily allowed Holt to enter the apartment and because the machine guns were in plain view in the closet.

D) Yes, because the search, though warrantless, was conducted by an officer who was acting to further the public's safety.

48) When conducting an investigation of terrorism, federal authorities seek warrants from what court?

A) Foreign Intelligence Surveillance Court

B) Federal District Court for the District of Columbia

C) The International Criminal Court

D) The UN High Court on Terrorism

49) Which of the following is a criticism of the USA Patriot Act?

A) It covers a narrow range of activities associated with terrorism.

B) It does not permit warrants for "roving" wiretaps.

C) It delays the sanctioning of search warrants.

D) It gives undue freedom to law enforcement.

50) Which of the following is true of the Foreign Intelligence Surveillance Act (FISA)?

A) It was enacted as a result of the USA Patriot Act.

B) It has not been amended after its enactment.

C) It prohibits surveillance or monitoring without a warrant.

D) It has expanded the government's ability to monitor the phone calls of suspected terrorists.

51) The ________ Amendment protects against compelled testimonial self-incrimination by establishing that "[n]o person … shall be compelled in any criminal case to be a witness against himself."

A) Fifth

B) Fourth

C) Sixth

D) Eighth

52) Rachael was arrested by the police on suspicion of possession of a controlled substance. She was informed of her Miranda rights. Rachael waived her right to remain silent and confessed to the crime after a brief period of police interrogation. Her confession is:

A) admissible, according to Supreme Court precedent.

B) inadmissible because it was obtained in violation of her Fourth Amendment rights.

C) admissible, according to the "search incident to a lawful arrest" exception to Miranda.

D) inadmissible because it was obtained in violation of her Fifth Amendment rights.

53) Which of the following is guaranteed by the Sixth Amendment?

A) The right to remain silent

B) The right to a speedy trial by an impartial jury

C) The right to refuse custodial interrogation

D) The right to refuse unreasonable searches

54) Which of the following is true about the Fifth Amendment and the production of records?

A) It would allow a Bogus Inc. officer who has custody of Bogus records to resist a subpoena demanding production of those records if the contents of the records could incriminate that officer personally.

B) It would prevent a sole proprietor from being compelled to produce his/her business records if the act of producing such records was not testimonial in nature.

C) It may be asserted by a corporation, partnership, or other collective entity on the same basis that an individual human being could assert it.

D) It does not protect "required records" from being subpoenaed and used against the record keeper in criminal prosecutions.

55) The Double Jeopardy Clause:

A) establishes that a person cannot be prosecuted by the state for a state crime after being acquitted of a federal crime, if the two alleged crimes involved essentially the same facts.

B) prevents a second criminal prosecution for the same offense after the defendant has been acquitted or convicted of that offense.

C) establishes that a single criminal act with multiple victims cannot result in more than one criminal prosecution.

D) bars a private plaintiff from pursuing a civil case against the defendant who was criminally prosecuted for the same alleged conduct.

56) "White-collar crime" is the term used to describe a wide variety of offenses committed by:

A) the average working class.

B) poor Americans.

C) businesspersons.

D) juveniles.

57) The expansion of corporate criminal liability in imputing the criminal intent of employees to the corporation falls under the scope of:

A) mens rea.

B) presumption of innocence.

C) double jeopardy.

D) respondeat superior.

58) Average Corp. was convicted of violating the federal mail fraud statute due to the activities of some of its employees, who had used the U.S. mail to perpetrate a fraudulent scheme designed to advance the otherwise legitimate business interests of Average. Average appealed, arguing that its conviction should be set aside because the employees in question were relatively minor officials of the company and were acting without the knowledge or consent of any high-level corporate officer. In addition, Average argues that the involved employees were acting in violation of a longstanding and well-known Average policy against fraudulent schemes. Should Average's conviction be set aside?

A) Yes, because Average could not have had the necessary mens rea.

B) No, because the involved employees were acting within the scope of their employment and for the benefit of Average.

C) No, because nothing in the facts indicates that Average should qualify for the protection of the due diligence defense recognized by most courts.

D) Yes, because high-level corporate officers must be involved and they were not involved. Here in order for criminal intent to be imputed to the corporation.

59) Strict liability offenses:

A) dispense with the requirement of proof of any criminal intent on the part of the defendant.

B) are so classified because the punishments imposed on violators are especially harsh in comparison to the punishments for other criminal offenses.

C) impose liability on a defendant for the act of third parties.

D) require proof of some form of mens rea.

60) Agreements under which corporations avoid formal criminal charges and trials in return for their agreement to pay monetary penalties and submit to outside monitoring of their activities are called:

A) non-prosecution agreements.

B) plea agreements.

C) deferred guaranty agreements.

D) deferred prosecution agreements.

61) Kathy was accused of securities fraud. During the government investigation, she destroyed relevant documents. Under the Sarbanes-Oxley Act of 2002, Kathy may:

A) be civilly but not criminally liable for the destruction of documents.

B) face fines, but not prison, for the destruction of documents.

C) face fines and/or a maximum of 20 years in prison.

D) be considered a "whistleblower."

62) Which of the following is a provision of the Sarbanes-Oxley Act of 2002?

A) It imposed a maximum of 15 years of imprisonment as punishment for the destruction of documents.

B) It decreased the maximum term of imprisonment for mail fraud and wire fraud to 15 years.

C) It provided legal protection for employees who act as whistleblowers.

D) It shortened the statute of limitations period within which certain securities fraud cases may be filed.

63) The Racketeer Influenced and Corrupt Organizations Act's (RICO's) most controversial sections allow:

A) federal prosecutors to seek pretrial orders freezing a defendant's assets.

B) the government to seek injunctions against future racketeering activities.

C) private individuals to recover treble damages caused by a statutory violation.

D) government intervention in white-collar crimes.

64) Which of the following characterizes the Computer Fraud and Abuse Act (CFAA)?

A) It is a statute enacted by a state legislature.

B) It imposes only civil liability in fraud cases.

C) It imposes only criminal liability in fraud cases.

D) It imposes liability in cases concerning interstate commerce.

65) Criminal prosecutions are initiated by a:

A) jury.

B) prosecutor.

C) judge.

D) law enforcement officer.

66) As a general rule, a(n) ________ is a crime punishable by death or by imprisonment.

A) ordinance violation

B) infraction

C) tort

D) felony

67) A(n) ________ is any crime that is punishable neither by death nor by imprisonment.

A) felony

B) misdemeanor

C) tort

D) ordinance violation

68) Which of the following results when punishment of a wrongdoer deters others from committing similar offenses?

A) Special deterrence

B) Recidivism

C) General deterrence

D) Retribution

69) Which of the following is the infliction of deserved suffering on violators of society's most fundamental rules?

A) Rehabilitation

B) Deterrence

C) Probation

D) Retribution

70) When a court decides what sentence to impose, it normally places considerable reliance on the:

A) the prosecutor's recommendation.

B) the physical evidence in the case.

C) defendant's demeanor throughout the proceedings.

D) the presentence investigation report.

71) To convict a defendant of a crime, the government ordinarily must prove three elements. Which of the following is not one of those elements?

A) Demonstrate that the defendant knew his acts were illegal

B) Demonstrate that the defendant's alleged acts violated a criminal statute

C) Prove beyond a reasonable doubt that the defendant committed the illegal act

D) Prove that the defendant had the capacity to form a criminal intent

72) As demonstrated in Sekhar v. United States, the case in the text, courts carefully scrutinize, and narrowly construe criminal statutes in an effort to:

A) make certain whether a defendant's acts were prohibited by the legislature.

B) understand why the legislature banned certain acts.

C) determine the proper sentence.

D) rewrite the statutes for clarity.

73) Which of the following statements about the First Amendment is false?

A) The First Amendment may operate as a defense to a criminal prosecution concerning speech many persons would find offensive.

B) The First Amendment protects speech that deals with economic, scientific, or ethical issues or with other matters of public interest or concern.

C) The First Amendment protection for noncommercial speech is called "full" protection.

D) The First Amendment prohibits the government from regulating indecent speech.

74) In Shaw v. United States, the case in the text, the U.S. Supreme Court held that:

A) Shaw did not know that the bank had a property interest in Hsu's account.

B) Shaw did not intent to cause the bank financial harm.

C) Shaw's scheme to cheat Hsu was also a scheme to deprive the bank of certain bank property rights.

D) the bank fraud statute required the government to prove more than simple knowledge that Shaw would likely harm the bank's property interest.

75) Which of the following is an administrative procedure for recording the suspect's arrest?

A) Information

B) Indictment

C) Booking

D) Arraignment

76) In the case in the text, United States v. Jones, the court held that:

A) the government's placement of a GPS device on a suspect's vehicle did not constitute a search.

B) a vehicle does not provide a suspect with a reasonable expectation of privacy when the vehicle is driven on public roads.

C) the government committed a trespass rather than a search.

D) the government's search was unreasonable and amounted to a Fourth Amendment violation.

77) As demonstrated by United States v. SDI Future Health, Inc., the case in the text, a defendant must have ________ to challenge a search under the Fourth Amendment.

A) an injury

B) standing

C) a vested interest

D) legal representation

78) As discussed in the case in the text, Berghuis v. Thompkins, a suspect ________ invoke his Miranda right to indicate that he wants to remain silent.

A) must quickly

B) must unambiguously

C) may superficially

D) may arbitrarily

79) Which of the following would not be considered to be a white-collar crime?

A) An offense committed by an employee against his or her employer.

B) An offense committed by a corporate officer that harmed the corporation and its shareholders.

C) A violent offense committed by an employee against another employee.

D) An offense committed by corporate employers and employees against society.

80) The case in the text, United States v. Anderson, discusses the three elements the government needs to prove to convict a defendant of conspiracy to commit wire fraud. Which of the following is not one of those elements?

A) Two or more persons made an agreement to commit wire fraud.

B) The defendant knew the unlawful purpose of the agreement.

C) The defendant took some overt act in furtherance the agreement.

D) The defendant joined in the agreement willfully.

81) Which of the following was created in response to Enron's highly publicized financial scandal and accounting controversy?

A) Racketeer Influenced and Corrupt Organizations Act

B) Sarbanes-Oxley Act of 2002

C) Foreign Corrupt Practices Act

D) Federal Sentencing Guidelines

82) Which of the following criminalized the offering or giving of anything of value to officials of foreign governments in an attempt to influence their official actions?

A) Racketeer Influenced and Corrupt Organizations Act

B) Foreign Corrupt Practices Act

C) Sarbanes-Oxley Act of 2002

D) Corporate and Criminal Fraud Accountability Act

83) Which of the following is not a potential consequence of a criminal violation of the Racketeer Influenced and Corrupt Organizations Act (RICO)?

A) Forfeiture of property, regardless of how it was obtained

B) Substantial fines

C) Imprisonment

D) Forfeiture of interest gained in any enterprise as a result of a violation

84) The ________ allows the imposition of criminal and civil liability on one who "knowingly, and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value."

A) Racketeer Influenced and Corrupt Organizations Act

B) Corporate and Criminal Fraud Accountability Act

C) Sarbanes-Oxley Act of 2002

D) Computer Fraud and Abuse Act

85) Which of the following statements about computer crime is true?

A) On the federal level, computer crime has been prosecuted with great success under existing federal statutes.

B) Successful prosecution depends on a narrow interpretation of the statutory prerequisites.

C) Only a few states have enacted criminal statutes outlawing certain abuses of computers.

D) The technical nature of computer crime complicates its detection and prosecution.

86) Officer Brenda Judd had a hunch that Beats, Inc., a retail seller of stereo equipment and related supplies, was involved in a drug-smuggling operation. In order to acquire evidence confirming her hunch, Judd posed as an ordinary consumer when she entered Beats' store. She slipped out of the "public" part of the store and proceeded down a hall to an office with a closed door marked "Private. No Entry without Authorization from Manager." She entered the office which was unoccupied, looked through files, and located documentary evidence indicating that Beats was indeed involved in an illegal operation. The evidence obtained by Judd furnished the primary basis for drug-smuggling and drug-dealing charges that are now pending against Beats. Beats filed a pretrial motion asking the court to suppress the evidence obtained by Judd in her search of the office. Should the evidence be suppressed? Why or why not?

87) Since the exclusionary rule has often resulted in suppression of convincing evidence of crime, it has generated controversy. How has the Supreme Court dealt with this?

88) Nigel is the sole proprietor of a construction contracting business. As part of an investigation into bid-rigging allegations, a grand jury issued a subpoena directing Nigel to turn over various records relating to his sole proprietorship. Nigel voluntarily prepared the subpoenaed records. The government had long known that these records probably existed, but of course, did not know of their contents. Nigel resisted the subpoena on Fifth Amendment grounds, arguing that being forced to comply would violate his privilege against self-incrimination. Should Nigel be required to comply with the subpoena? Why or why not?

89) Sal Conelli is the president and sole stockholder of Salco, Inc., a corporation engaged in the wholesale food supply business. Conelli has custody of Salco's business records. A grand jury investigating possible criminal violations of health codes applicable to food products has served a subpoena demanding that certain Salco business records be made available. Conelli plans to resist the subpoena by arguing that compelling the production of the records would violate both his and Salco's Fifth Amendment privileges against self-incrimination. Should Conelli succeed with this argument? Explain your reasoning.

90) Leviathan Corp. filed a civil Racketeer Influenced and Corrupt Organizations Act (RICO) lawsuit against NBS Bros., an accounting firm. NBS asked the court to dismiss the case for two reasons: first, Leviathan did not allege, and cannot prove, that NBS is connected in any way with organized crime, as that term is customarily used; and second, Leviathan did not allege, and cannot prove, that NBS was criminally convicted of a predicate offense. Should NBS succeed with these arguments? Explain your reasoning.