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Chapter 4: Criminal Law and Procedure
1. Crimes are either classified as felonies or misdemeanors according to the severity of their potential
punishment.
2. An arraignment happens shortly after a person is arrested when he or she is brought into court and the formal
3. Persons convicted of infractions can only be fined.
4. If a corporation’s employees are judged to have criminal intent, the corporation itself may be judged to also
have had criminal intent.
5. Procedural defenses focus on whether the alleged criminal actually committed the crime.
7. "Falsely making or altering a writing to defraud another" is the definition of the crime of embezzlement.
8. A grant of immunity can eliminate a person's right to refuse to testify on the grounds of self-incrimination.
9. Generally, what is a crime for an adult is juvenile delinquency for a minor.
10. At a preliminary hearing if the judge determines that the evidence is sufficient the accused may be declared
11. What is the standard of proof in a criminal case?
A. proof by clear and convincing evidence
B. proof by a preponderance of the evidence
12. Under common law, how were those below the age of seven treated with regard to criminal intent?
C. They were treated the same as any other alleged criminal.
D. none of these
13. Why would a defendant accept a plea bargain?
C. to save the court time and money
D. to win favor with a judge
14. A crime is a punishable offense committed against
C. a victim.
D. all of the above.
15. Which of the following parties would not be held to have criminal intent?
C. the extremely careless
D. All of the above would be held to have criminal intent.
16. Which of the following is not a constitutional right of an accused?
A. the right to be represented by a lawyer
B. the right to be subject to arrest only when there is probable cause
17. What can the government do to compel a witness to testify after she or he has asserted the right against
self-incrimination?
A. arrest the witness
B. ask the judge to hold the witness in contempt
18. Which of the following is not a potential defense to criminal charges?
C. criminal insanity
D. All of the above are potential defenses to criminal charges.
19. Which of the following would not be a white-collar crime?
A. stock fraud
B. price fixing
20. Which of the following is the best definition of contempt of court?
C. words that express disrespect for witnesses
D. willful disregard of the instruction of your lawyer
21. A person who obtains money or other property by lying about a past or existing fact is guilty of
A. forgery.
B. perjury.
22. Rick was arrested last Friday, but the arresting police officer did not read him his Miranda Rights. What
type of defense could his attorney use to defend Rick?
C. a substantive defense
D. both a and c
23. While walking to her bank, a young man grabbed Nikki, threatened to shoot her, and then took her purse.
Inside Nikki's purse was her wallet, which included credit cards, her driver's license, and her paycheck. The
thief later took her paycheck, signed Nikki's name, and successfully cashed the paycheck. What crime(s) did the
thief commit?
A. forgery
B. bribery
24. Which of the following crimes is not a type of larceny?
A. robbery
B. burglary
25. A threat to expose a secret crime or an embarrassing fact unless money is paid to the person issuing the
C. embezzlement.
D. none of the above.
26. A written accusation declaring that there is sufficient evidence to try the identified individual for a specified
crime is an ____________
A. arraignment
B. bail bond
27. A search to discover evidence will be deemed reasonable if there is ___________________ for it.
A. immunity
B. hazardous potential
28. Benton, a bank guard, and his friend, Adams, planned to rob Benton's employer, the First Bank and Trust of
Evansville. Shortly before the crime was to be carried out, Benton told Adams that he would have nothing to do
with it. Nonetheless, Adams robbed the bank according to the plan. Benton did nothing to stop her. Benton
could be charged with
A. embezzlement.
B. extortion.
29. Maggie has been unable to sell her home because it is old and deteriorated. In order to build a new house,
Maggie sets fire to her house and then files an insurance claim to obtain money to build a newer home. What
C. robbery
D. none of these
30. A plea bargain that has been arrived at by negotiations between the accused and the prosecutor must still be
approved by
A. the victim of the crime.
B. the governor of the state in which the case is being tried.
31. As one of her duties as an administrative assistant in Technical Support, Diana is entrusted with ordering
and then inventorying all new computer software and hardware. Diana manipulates invoices, dollar amounts,
and the inventory itself with the intent of periodically taking a computer home and then selling it to her friends
at a discount. Diana can be charged with ____________________.
32. Jayson earns a great income working as a financial vice president of a major corporation. His company
prohibits management from dating lower-level staff members. However, Jayson begins dating one of his
employees, Gloria, secretly. When Jayson does not promote Gloria to a position she feels she deserves, she
threatens to reveal their relationship and destroy his promising career unless Jayson agrees to pay her $2,000 a
month. Gloria is committing a crime known as ____________________.
33. ____________________ is a sum of money or property deposited or pledged to guarantee that the arrested
person will appear for a preliminary hearing or trial.
34. Russell threw a paper cup out his window at a stoplight. Although Russell cannot be placed in jail for
littering, he can be severely fined. Littering is a type of criminal offense known as a(n)
____________________.
35. Victor was arrested and accused of a variety of crimes including arson, bribery, and conspiracy to commit
fraud. Victor and his attorney agree that he will plead guilty to the bribery charges in exchange for having the
more serious crimes of arson and conspiracy dropped. This process is known as ____________________.
36. A crime punishable by confinement in a county or city jail for less than one year, by fine, or both is known
as a(n) ____________________.
37. If two local competing telecommunications companies secretly agree to cooperate and fix consumer pricing
higher than the nationwide average on their similar communications products and services, the companies have
violated the federal ____________________.
38. Entering a building without permission when intending to commit a crime therein is known as
____________________.
39. Freedom from prosecution even when one has committed the crime charged is ____________________.
40. Sara's brother, Eddie, works in the shipping and receiving department of a brass furniture company. The
brass furniture is expensive and is something that neither Sara nor Eddie can easily afford. On Sara's 25th
birthday Eddie gives her three expensive pieces of brass furniture. Sara accepts the furniture knowing that Eddie
stole the furniture from his employer. Sara is guilty of the crime of ____________________.
41. In general, what three elements must be shown by a prosecutor to convict an accused person of a crime?
1. That the accused was aware of a duty to do or not to do a certain thing
42. On Saturday after the annual dues meeting of the Grange, the treasurer stopped at a food mart for gasoline
and some groceries. Being low on cash, he used the collected money to pay his bill and replaced it on Monday
when he received his paycheck. Name the crime that has been committed and give its definition.
43. Owen is a 16-year old high school student who began taking addictive drugs about two years ago. In order
to support her habit, Owen agreed to sell drugs to elementary school children in her neighborhood. One night
she sold cocaine to an 8-year-old girl who later died due to complications resulting from a cocaine overdose.
One of the young girl's friends identified Owen to the police, and Owen was arrested and accused of murder.
Owen believes she will be tried as a minor, and claims her use of drugs and alcohol made her mentally
incompetent to know the difference between right and wrong. Is Owen correct? Support your answer.
Answers will vary slightly. Owen could, in fact, be tried for murder—even though by age she would be
44. Why would a prosecutor agree to grant immunity to a person known to have committed a particular crime?
