Business & Finance Chapter 5 Misdemeanors are less serious crimes generally punishable by less than

subject Type Homework Help
subject Pages 14
subject Words 2971
subject Authors Al H. Ringleb, Frances L. Edwards, Roger E. Meiners

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page-pf1
True / False
1. A crime is an act that "violates human rights."
a. True
b. False
2. A crime may be a positive act that violates the penal law of a government.
a. True
b. False
3. A crime is an offense against the state.
a. True
b. False
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4. The punishments for crimes are determined at the discretion of a court at trial.
a. True
b. False
5. The punishments for crimes are determined by legislatures.
a. True
b. False
6. Serious violations of common-law rights can result in private prosecution of criminal acts.
a. True
b. False
7. Criminal penalties are imposed for Class A offenses of civil laws.
a. True
b. False
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8. Each state has a criminal code and the federal government also has a criminal code.
a. True
b. False
9. All crimes are felonies.
a. True
b. False
10. Misdemeanors are not considered to be crimes.
a. True
b. False
11. Legally, a misdemeanor is a crime.
a. True
b. False
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12. Felonies are serious crimes generally punishable by more than a year in prison.
a. True
b. False
13. Misdemeanors are less serious crimes generally punishable by less than a year in prison.
a. True
b. False
14. When crimes are given class (Class A, Class B, etc,) or degree classifications, the higher level classes (Class A)
are subject to heavier penalties than lower level classes.
a. True
b. False
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15. By definition, all crimes are against persons, not property.
a. True
b. False
16. Crimes against persons are more common than crimes against property.
a. True
b. False
17. It is believed that almost all crimes against persons are reported to the police.
a. True
b. False
18. Acts may be designed as crimes by either the federal or state governments.
a. True
b. False
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19. State governments may designate crimes only after the federal government has given permission to the states to
make such laws.
a. True
b. False
20. What are called "victimless crimes" are actually not crimes at law.
a. True
b. False
21. To be a crime, there must be violence involved in the act, or the possibility of violence.
a. True
b. False
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22. If a person is convicted of a crime, there must be some prison or jail time imposed.
a. True
b. False
23. Petty offenses are the same as misdemeanors in some jurisdictions.
a. True
b. False
24. Local governments may impose penalties for violations of local ordinances.
a. True
b. False
25. Violations of local ordinances may not result in jail time, only the possibility of a fine.
a. True
b. False
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26. Government agencies in charge of enforcing criminal statutes decide what the penalties will be for violations.
a. True
b. False
27. Legislatures decide the range of punishments that may be imposed for crimes.
a. True
b. False
28. The enforcement of criminal statutes is completely removed from politics.
a. True
b. False
29. All reported possible criminal acts are investigated and, if credible evidence exists, must be prosecuted.
a. True
b. False
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30. Law enforcement agencies may not investigate or prosecute suspected crimes due to lack of resources.
a. True
b. False
31. To be convicted of a crime, it must be shown that the accused in fact committed the illegal act.
a. True
b. False
32. To be convicted of a crime, it must be shown that there was a necessary intent or state of mind to commit the act.
a. True
b. False
33. The term actus reus means a wrongful deed or guilty act.
a. True
b. False
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34. The term actus reus means criminal intent or wrongful purpose.
a. True
b. False
35. The term mens rea means criminal intent or wrongful purpose in the criminal act.
a. True
b. False
36. The term mens rea means "the defendant is guilty."
a. True
b. False
37. Criminal acts may be based on negligence.
a. True
b. False
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38. Criminal negligence is carelessness amounting to a disregard of the rights and safety of others.
a. True
b. False
39. Criminal negligence is not a basis for prosecution for crimes; there must be intent, not negligence, in the commission
of a crime.
a. True
b. False
40. If you accidentally drive the wrong way on a highway and kill someone in an accident, since it was an accident,
there can be no criminal prosecution.
a. True
b. False
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41. Most crimes must be prosecuted by the state within a certain time period or the right of the state to prosecute for
the crime has tolled.
a. True
b. False
42. Most crimes are subject to a statute of limitations that tells how long the government has to prosecute for a crime
or that ability expires.
a. True
b. False
43. The statute of limitations for crimes means there is a limit to the length of prison sentences that accompanies
various criminal statutes.
a. True
b. False
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44. When a person is arrested for suspicion of a crime, they are to be read their Miranda rights.
a. True
b. False
45. The Miranda rights include being told that a person being accused of a crime has the right to be represented by
counsel.
a. True
b. False
46. The Miranda rights include being told that a person accused of a crime has the right to not say anything.
a. True
b. False
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47. If a person is accused of a crime, things they tell the arresting officers may be used as evidence against the
accused
a. True
b. False
48. When a person accused of a crime is read their Miranda rights that includes the fact that there is a right to be
released after posting bail.
a. True
b. False
49. A corporation cannot be charged with a crime since it is not a person.
a. True
b. False
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50. In Commonwealth v. Angelo Todeaca Corp. the Massachusetts high court held that a corporation cannot be
charged with a crime, only a civil offense.
a. True
b. False
51. In Commonwealth v. Angelo Todeaca Corp. the Massachusetts high court held that a corporation can be
convicted of a crime.
a. True
b. False
52. Intoxication and insanity are possible defenses to criminal charges
a. True
b. False
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53. Intoxication, when proven, is usually a successful defense to a criminal charge.
a. True
b. False
54. It is estimated that the insanity defense in criminal cases works in about 100,000 criminal charges per year.
a. True
b. False
55. Self-defense can be used as a legal excuse in a criminal case for why harm was inflicted on another person
a. True
b. False
56. The standards for gathering evidence are the same in criminal cases and civil cases.
a. True
b. False
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57. Evidence that is gathered improperly may be used at trial, but the judge and jury must be informed of the problems
in obtaining the evidence.
a. True
b. False
58. The exclusionary rule applies to evidence that is improperly gathered.
a. True
b. False
59. Police may never search a person or enter property without a warrant.
a. True
b. False
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60. Warrants are issued by district attorneys after they review the reasons provided by the policy why a warrant is
needed.
a. True
b. False
61. Warrants are issued by a judge or magistrate upon showing of probable cause by the law enforcement authorities.
a. True
b. False
62. Warrants are needed to search for evidence, not to arrest suspects.
a. True
b. False
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63. In U.S. v. Young, where government agents took x-rays of packages shipped by Young via Federal Express, but
no warrant had been issued, the appeals court held that the evidence gathered from the x-rays could not be used in
court.
a. True
b. False
64. In U.S. v. Young, where government agents took x-rays of packages shipped by Young via Federal Express, but
no warrant had been issued, the appeals court held that the evidence gathered from the x-rays could be used in
court.
a. True
b. False
65. In U.S. v. Young, where government agents took x-rays of packages shipped by Young via Federal Express, but
no warrant had been issued, the appeals court held that Young had no expectation of privacy for the packages.
a. True
b. False
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66. In U.S. v. Young, where government agents took x-rays of packages shipped by Young via Federal Express, but
no warrant had been issued, the appeals court held that since it was illegal to ship money, it was ok to take x-rays.
a. True
b. False
67. If evidence of a possible crime is presented to a prosecuting attorney, they must bring criminal proceedings against
the accused.
a. True
b. False
68. For a person to be charged with a crime, there must be an indictment by a grand jury.
a. True
b. False

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