55. Two boys held up a liquor store at gunpoint and ran off with a bag of money. The police saw them run into Jill‘s
apartment building where there are only four apartments off a common hall and no apparent way out of the building
but the front door. The police knock on Jill’s door. She says she‘s the only one there. The police can:
a. search the apartment without a warrant because Jill voluntarily answered the door.
b. search the apartment without a warrant because they are in hot pursuit of the fugitive.
c. not search the apartment, because they have no reason to believe that the boys are in Jill’s apartment rather
than in the others.
d. not search the apartment, because voluntary consent to enter is necessary.
56. Bill is the accountant for Cheatam and Sons Co. For many years he has kept two sets of books, one with real figures
and another with figures he uses when the IRS audits. When Bill, while working on Cheatam’s books, is arrested for
fraud, what will happen to the books?
a. They are privileged communications and therefore inadmissible as evidence against Bill.
b. They are protected by the Fifth Amendment and therefore are inadmissible.
c. They may be admitted as evidence since the Fifth Amendment does not protect business records.
d. They may be admitted as evidence only if Bill consented to a search of his offices.
57. Individuals may use reasonable force to protect themselves, their property, and other individuals. In this context,
reasonable force would mean:
a. deadly force is reasonable to protect property.
b. deadly force is never reasonable to protect property, but is reasonable if an attack threatens the victim with
serious bodily harm.
c. deadly force is never reasonable, even if an attack threatens the victim with serious bodily harm.
d. deadly force is reasonable to protect property or if an attack threatens the victim with serious bodily harm.
58. The Sarbanes-Oxley Act:
a. establishes new criminal offenses as well as substantially increasing penalties for existing crimes.
b. imposes fines and/or imprisonment of up to 20 years for knowingly altering, destroying, or falsifying any
document with the intent of impeding a federal investigation.
c. adds new financial disclosure requirements for corporations.
d. The Sarbanes-Oxley Act does all of these.
59. The criminal intent necessary to commit a crime is known as:
a. actus reus.
b. mens rea.
c. vicarious liability.
d. malice aforethought.
60. Which of the following is NOT found in the Eighth Amendment to the U.S. Constitution?
a. Protection from excessive bail
b. A prohibition against double jeopardy
c. A prohibition against cruel and unusual punishment
d. All of these are found in the Eighth Amendment.
61. XYZ, Inc. has been convicted of bribing public officials. It is now time for sentencing. Possible sentences include:
a. putting the corporation‘s president, who was not involved in the bribery, in jail.
b. putting the corporate shareholders in jail.
c. fining the corporation.
d. None of these. A corporation cannot commit a crime.
62. Anita tells Bob that unless Bob pays her $5,000, she will tell his customers that he was once arrested for shoplifting
as a teenager. If the statement that Bob shoplifted as a teenager is true:
a. in most jurisdictions Anita has committed the crime of extortion.
b. Anita has committed no crime since Bob actually did shoplift as a teenager.
c. Anita has committed the crime of bribery.
d. in all jurisdictions in the United States, Anita would have to have received the money from Bob to be charged
with a crime.
63. Which of the following is found in the Fifth Amendment to the U.S. Constitution?
a. A privilege against self-incrimination
b. A right to a speedy, public trial by jury
c. A prohibition against cruel or unusual punishment
d. The right to an attorney
64. At the the accused is informed of the charge and the accused enters a plea.
a. preliminary hearing
b. arraignment
c. indictment
d. information
65. A warrant is required for a search by the police where:
a. the police are in hot pursuit of a criminal.
b. voluntary consent is given to the search.
c. evidence of a crime is in plain view of the police officer.
d. a witness has described the location of the evidence in the suspect’s house.
66. An employer directs his vice-president of marketing to fix prices with their company’s competitors. The employee
does so. Under these facts:
a. only the employee is liable.
b. both the employee and the employer are liable.
c. only the employer is liable.
d. neither the employee nor the employer is liable.
67. A crime that is punishable by a fine or imprisonment in a local jail is a:
a. felony.
b. white–collar crime.
c. misdemeanor.
d. mala prohibita crime only.
68. Robbery can be “aggravated robbery” under which of the following circumstances?
a. The robber intends to kill if faced with resistance.
b. Serious bodily injury to the victim occurs.
c. The crime is committed by two persons rather than one person.
d. All of these.
69. At common law,
a felony.
a. burglary
b. bribery
c. robbery
d. theft
was defined as a breaking and entering of a dwelling house at night with the intent to commit
70. The
jury.
states that the federal government shall provide the accused with a speedy and public trial by an impartial
a. Fourth Amendment
b. Fifth Amendment
c. Sixth Amendment
d. Eighth Amendment
71. Which of the following is correct with respect to RICO?
a. It subjects to penalties enterprises that engage in a pattern of racketeering, defined as the commission of two
or more specified state or federal criminal offenses within a period of ten years.
b. It was enacted with the stated purpose of terminating the infiltration of organized crime into legitimate
businesses.
c. It provides for both civil and criminal penalties for violators.
d. All of these are correct.
72. Losses due to computer crimes are estimated to be:
a. minimal, as the federal government has passed comprehensive legislation prohibiting computer crime.
b. in the millions of dollars.
c. in the tens of billions of dollars.
d. decreasing, as legislation and enforcement have been increasing.
73. Under RICO, a
dealing.
a. predicate act
b. liable act
c. white-collar crime
d. mala in se act
is any of several criminal offenses such as murder, kidnapping, arson, extortion, and drug
74. If Steve, wanting to protect his warehouse, closes two pit bulldogs inside and they attack and kill an intruder, Steve
would be found to have:
a. subjective fault.
b. objective fault.
c. liability without fault.
d. no fault, as he was merely protecting his property.
75. The privilege against self–incrimination extends to which of the following?
a. Providing a handwriting sample.
b. Appearing in a line-up for identification purposes.
c. Taking a blood test after an accident.
d. None of these are protected by the privilege against self-incrimination.
76. Paul is working as an undercover drug agent. He enrolls in classes at State University where he meets several
students in business administration and invites them to come to his house for a party. No mention is made of any
drugs, but he does say he will have a keg of beer. Shortly after his guests arrive, he gets out some marijuana and
encourages the group to have some. All of them refuse, except Sam, who has never tried it before. When Sam lights
up, Paul arrests him for possession of a controlled substance. Sam:
a. is clearly guilty as charged.
b. can raise the defense of entrapment, claiming Paul has enticed him to commit a crime that he would not have
committed otherwise.
c. has a valid defense of duress.
d. can raise the Fourth Amendment to exclude the marijuana as evidence that has been illegally seized.
77. The degrees of mental fault in criminal law include which of the following?
a. Subjective fault, which involves negligence or carelessness
b. Objective fault, which involves purposeful, knowing, or reckless conduct
c. Liability without fault, where no requisite mental state or even knowledge of the act is required in some
instances
d. All of these.
78. What principle was involved in the Weeks v. United States case?
a. The exclusionary rule
b. Double jeopardy
c. Probable cause
d. Vicarious liability
79. Describe how a criminal case is commenced and how it proceeds through the court system. What are the various
stages in the proceeding? Be sure to use the correct terminology.
80. Compare and contrast a criminal case with a civil case. Be sure to use the correct terminology.
81. Identify and briefly describe the defenses that can be raised by a criminal defendant who is found to have committed
a criminal act.
82. Identify the constitutional protections given to a criminal defendant by each of the following Amendments to the U.S.
Constitution. How does each apply to the procedure involved in arresting and trying a criminal defendant?
a. Fourth Amendment
b. Fifth Amendment
c. Sixth Amendment
The Fourth Amendment protects all individuals against unreasonable searches and
a. seizures. Issues involving the Fourth Amendment arise when evidence is illegally
seized by police officers, and the defendant moves to have the evidence excluded
83. In general, what are the elements of a crime? Discuss the following concepts of criminal law and how and why the
general elements of criminal action are altered, extended, or eliminated. In addition, give examples corresponding to
each concept of the type of conduct that could be a criminal act.
a. Objective fault
b. Vicarious liability
c. Corporate liability
84. What six elements must be present for the crime of larceny to exist?
85. Under most modern statutes, what three elements must be met for a charge of burglary?
86. Describe the crime of false pretenses and name and define three crimes similar to false pretenses that were
discussed in the textbook.
87. In response to the Federal Organizational Corporate Sentencing Guidelines, Starstream Corporation wants to
formulate and implement a compliance program to prevent potential legal violations by its employees and the
company itself. Identify eight factors to include in the program, and discuss the effect of having an adequate
program.