Question 1

Sam,a new police officer,was criticized by his supervisor for failing to make a sufficient number of arrests.Sam went into a section of town known for criminal activity,picked up several suspicious-looking individuals,read them their Miranda rights,and arrested them hoping that they would confess to something.Alice,one of the detainees,was scared; hoping to cut a deal,she immediately confessed to burglarizing a local pawnshop.Which of the following is Alice's best defense at trial?

Accepted Answer

A law enforcement officer should obtain an arrest warrant before an individual is taken into custody.Ordinarily,to obtain an arrest warrant,the law enforcement agent must demonstrate that there is probable cause,or a likelihood,that a suspect committed or is planning to commit a crime.

Question 2

Which of the following is an investment swindle in which high profits are promised from fictitious sources and early investors are paid off with funds raised from later investors?

Accepted Answer

One example of a fraudulent crime,a Ponzi scheme,involves an investment swindle in which high profits are promised from fictitious sources and early investors are paid off with funds raised from later ones.

Question 3

Extortion is also known as:

Accepted Answer

Extortion,otherwise known as blackmail,is the making of threats for the purpose of obtaining money or property.Whereas bribery is offering someone something to obtain a desired result,extortion involves the threat of doing something if the target of the extortion does not relinquish money or a specific piece of property.

Question 4

A violation of a building code is an example of which of the following offenses?

Accepted Answer

Petty offenses,such as violating a building code,are minor misdemeanors and are usually punishable by a jail sentence of less than six months or a small fine.

Question 5

Which of the following serves to combat bribery of foreign officials?

Accepted Answer

One type of bribery is the bribery of foreign officials,and the purpose of the Foreign Corrupt Practices Act (FCPA)is to combat such bribery.The FCPA prohibits payments to foreign officials to influence an official act or decision corruptly or to influence a foreign government.The FCPA allows the government to prosecute those who bribe foreign officials.

Question 6

What type of securities fraud occurs when an employee falsifies documents to make it appear as though the company had granted options on certain dates,but the dates are selected after the fact by looking backward for dates on which the stock price was low,thereby falsely inflating the profits of the company?

Accepted Answer

Stock-option backdating,a type of securities fraud,occurs when an employee falsifies documents to make it appear as if the company had granted options on certain dates,but the dates are selected after the fact by looking backward for dates on which the stock price was low,thereby falsely inflating the net profits of the company.

Question 7

Which of the following is punishable by imprisonment for more than one year or death?

Accepted Answer

Felonies include serious crimes,such as murder,that are punishable by imprisonment for more than one year in a penitentiary or by death.

Question 8

Ben,a bank teller,receives $1,000 from a customer for deposit into the customer's bank account.Instead of placing the money into the customer's account,Ben keeps the money for himself.Which of the following offenses has Ben committed?

Accepted Answer

Embezzlement is the wrongful conversion of another's property by one who is lawfully in possession of that property.Embezzlement is distinguished from larceny because the individual did not take the money from another; instead,he or she was already in possession of the property.

Question 9

Ed goes door-to-door selling magazine subscriptions.Ed knows,however,that he is simply taking money for subscriptions and has absolutely no intention of ever arranging for the provision of magazines.Which of the following offenses,if any,has he committed?

Accepted Answer

False pretense is the illegal obtaining of property belonging to another through materially false representation of an existing fact,with knowledge of the falsity of the representation and with the intent to defraud.

Question 10

Which of the following is a false document or sign of existence used to perpetrate fraud,such as making counterfeit money?

Accepted Answer

One example of a fraudulent crime,a false token,is a false document or sign of existence used to perpetrate a fraud,such as making counterfeit money.

Question 11

Which of the following are less serious crimes punishable by fines or imprisonment of less than one year?

Accepted Answer

Misdemeanors are less serious crimes punishable by fines and/or imprisonment for less than one year.

Question 12

Strict liability is:

Accepted Answer

When liability is assessed without the guilty-mind criterion,it is known as liability without fault,or strict liability.

Question 13

Which of the following is the making of an entry into the books of a bank or corporation that is designed to represent the existence of funds that do not exist?

Accepted Answer

One example of a fraudulent crime,the crime of "false entries," is the making of an entry into the books of a bank or corporation that is designed to represent the existence of funds that do not exist.

Question 14

Which of the following is the misappropriation of trust funds or money held in a fiduciary capacity?

Accepted Answer

One example of a fraudulent crime,defalcation,is the misappropriation of trust funds or money held in a fiduciary capacity.

Question 15

Which of the following is using fraudulent means to obtain information about someone's phone use?

Accepted Answer

One example of a fraudulent crime,pretexting,is using fraudulent means to obtain information about someone's phone use.

Question 16

The burden of proof in a criminal case is:

Accepted Answer

The burden of proof in a criminal case is proof beyond a reasonable doubt,a much higher standard than that of a civil case,which is a preponderance of the evidence.

Question 17

Actus reus is Latin for:

Accepted Answer

Actus reus (guilty act)is Latin for wrongful behavior.Actus reus is an essential element of criminal liability.

Question 18

If a business were to sell cigarettes or alcohol to a minor,this would be an example of:

Accepted Answer

In certain cases,liability may be assessed even without establishing the guilty-mind element normally required for criminal wrongdoing.Only certain crimes,typically violations of regulatory statutes,allow punishment to be assessed without the guilty-mind criterion.This is known as liability without fault,or strict liability.Liability without fault involves actions that,regardless of the care taken,are deemed illegal to engage in; such acts are specifically prohibited regardless of state of mind.

Question 19

Mens rea means:

Accepted Answer

Mens rea means wrongful state of mind.It is an essential element of criminal liability.

Question 20

Which of the following is an incorrect statement regarding computer crimes?

Accepted Answer

Electronic fraud is not the only costly computer-related crime.Dealing with viruses,spyware,personal computer theft,and other computer crimes are expensive as well.

Quiz 6: Criminal Law and Business