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1. When measured in dollars, street crime costs society more than twice as much as white-collar crime.
a.
True
b.
False
False
2. Every criminal defendant has a right to a jury trial.
a.
True
b.
False
False
3. A crime is a violation of statutory law.
a.
True
b.
False
True
4. The parties to a criminal trial are the government and the defendant.
a.
True
b.
False
True
5. In order for the government to obtain a criminal conviction, it must prove its case beyond a reasonable doubt.
a.
True
b.
False
True
6. Taking a service without paying for it is a common type of larceny.
a.
True
b.
False
False
7. Under the laws of most states, a corporation cannot be held responsible for committing crimes.
a.
True
b.
False
False
8. Criminal defendants have the right to a lawyer at all the important stages of the criminal process.
a.
True
b.
False
True
9. Congress revised and reauthorized the Patriot Act, but the secret national security letter provisions were later limited by
a federal appeals court.
a.
True
b.
False
True
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10. The Sixth Amendment declares that a person cannot be tried twice for the same criminal offense.
a.
True
b.
False
False
11. Miranda v. Arizona considered the intent requirement in an armed robbery case.
a.
True
b.
False
False
12. Entrapment can be a valid defense to a criminal act.
a.
True
b.
False
True
13. Although due process requires fairness at every stage of a trial, it does not require the prosecution and defense teams
to reveal information they have discovered.
a.
True
b.
False
False
14. The Supreme Court has limited the scope of the “theft of honest services” statute to apply only to situations where
employees are taking bribes or kickbacks.
a.
True
b.
False
True
15. The crime of money laundering involves using low-value currency to produce counterfeit high-value currency bills.
a.
True
b.
False
False
16. Roger assaulted Jim in a tavern, causing medical expenses and lost wages. Which of the following is true?
a.
Roger can be prosecuted by the state for a criminal offense and Jim may sue him for money damages.
b.
If Roger is convicted of criminal assault, Jim is not allowed to sue him for money damages since that would
violate the double jeopardy clause of the Constitution.
c.
If Jim refuses to press charges against Roger, the state cannot initiate a criminal proceeding against him.
d.
Jim can either elect to sue for money damages or proceed with criminal charges.
17. Which of the following statements is correct?
a.
Violent street crime results in a greater monetary loss to society than white-collar crime.
b.
White-collar crime results in a greater monetary loss to society than violent street crime.
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c.
Studies are not able to calculate the estimated value of white-collar crime since most white-collar crime is
never publicly disclosed.
d.
Studies are not able to calculate the estimated value of either violent street crime or white-collar crime.
b
18. Jeff picks up a piece of metal pipe and swings it around, hitting Gary across the back of the head. What factor would
be required for Jeff’s employer to be liable to Gary?
a.
Jeff was at the factory when it happened.
b.
Jeff voluntarily hit Gary.
c.
Jeff was moving the pipe as part of his work responsibilities when he hit Gary.
d.
Gary cannot be an employee of the same company as Jeff.
19. A misdemeanor is distinguished from a felony based upon:
a.
the rules of evidence.
b.
the length and place of possible imprisonment.
c.
the burden of proof.
d.
the type of intent.
b
20. When a judge orders a criminal defendant to reimburse the victim, it is called:
a.
reimbursement.
b.
restitution.
c.
restraint.
d.
reformation.
b
21. A successful insanity defense:
a.
results in the defendant’s being back on the streets within a much shorter time than if the defendant were
convicted and sent to prison.
b.
is used in about ten percent of all criminal cases.
c.
is a favorite outcome for juries since they ordinarily dislike convicting felons and sending them to prison.
d.
results in a “not guilty” verdict, even if the prosecution proves the defendant committed the criminal act.
d
22. The burden of proof required in a criminal case is:
a.
clear and convincing.
b.
a preponderance.
c.
beyond a reasonable doubt.
d.
highest degree of honesty.
23. The intent required to commit a burglary would be:
a.
general intent.
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b.
reckless conduct.
c.
strict liability.
d.
specific intent.
d
24. Sara sent letters to 1,000 people offering to send them information that would guarantee them a profit in the stock
market if they sent her $99.95. If they sent her the money, the brief, generally known information she sent them said:
“Buy stocks when their prices are low, and sell when the prices are high.” Sara is guilty of:
a.
mail fraud.
b.
larceny.
c.
embezzlement.
d.
nothing. She merely thought of and executed a clever way to make money.
25. Important steps in the criminal process, in the proper order, include:
a.
probable cause hearing, search, arrest, indictment, arraignment, plea bargain, and trial.
b.
arraignment, booking, bail hearing, trial, and grand jury indictment.
c.
arrest, probable cause hearing, motion to suppress, booking, and trial.
d.
indictment, arrest, probable cause hearing, plea bargain, arraignment, trial, and appeal.
26. The fraudulent conversion of property which is already in the defendant’s possession is:
a.
money laundering.
b.
exclusion.
c.
embezzlement.
d.
trespassory taking.
27. The primary purpose of RICO was:
a.
to be a tool against organized crime.
b.
to raise revenue.
c.
to prosecute non-citizens.
d.
to prosecute those engaged in tax fraud.
28. The criminal penalties under RICO include all EXCEPT:
a.
imprisonment.
b.
capital punishment.
c.
confiscation of property acquired through the criminal activity.
d.
fines.
b
29. Approximately how much merchandise is stolen from United States retail stores every year?
a.
$10 million
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b.
$50 million
c.
$10 billion
d.
$25 billion
30. Eric was charged with attempted murder. His defense was that he was insane at the time of the act. A jury accepted
Eric’s defense. Eric will:
a.
probably be committed to a mental hospital and when that hospital determines he is no longer a danger to
society, he will be released.
b.
be declared guilty, but will have to serve his sentence in a mental hospital rather than in prison.
c.
have to be committed to a mental hospital until he regains his sanity, at which time he will be retried.
d.
be sent to prison once he is released from the mental ward.
31. Sid burned his own warehouse in an attempt to collect on a fire insurance policy. Sid has committed:
a.
arson.
b.
larceny since he committed an act intended to wrongfully obtain money from his insurance company.
c.
a crime called “burning to defraud insurers” since the crime of arson only applies to property owned by
another person.
d.
an intentional tort, but not a crime since a person has a right to destroy his own property.
32. Tina is an undercover police officer. One evening she is posing as a prostitute in a bar. Larry, a salesman who is
attending an out-of-state convention, begins talking with Tina. After about ten minutes, Tina suggests going to her room
for a good time but points out he will need to “donate” $100 to her. Arriving at Tina’s hotel room, Larry asks if she is a
policewoman. Tina lies and says she is not. When Larry gives her $100, Tina shows him her identification and arrests
him.
a.
Larry appears to have been the victim of entrapment since Tina lied about being a police officer.
b.
Larry appears to have been the victim of entrapment since Tina was the one who suggested the activity that
resulted in Larry’s arrest.
c.
Both of the above are correct.
d.
None of the above is correct.
d
33. Illegally obtained evidence is not permitted to be used at a criminal trial based upon the:
a.
silver plate doctrine.
b.
exclusionary rule
c.
fair play doctrine.
d.
Eighth Amendment.
34. The Theft of Honest Services statute:
a.
is violated if an employee draws sick leave pay on a day when she is not sick.
b.
applies only to government officials.
c.
prohibits both public and private employees from taking bribes or kickbacks.
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d.
was not passed into law due to a presidential veto.
35. Sarah, an employee of Amex Corporation, committed a serious criminal act in an attempt to obtain a large sales order
for her employer. A court found her guilty of the felony and also found the corporation guilty of criminal conduct. The
company was fined $1 million. The court:
a.
erred in fining the company since finding both Sarah and the corporation guilty violates the Double Jeopardy
Clause of the Constitution.
b.
acted properly if this were a federal proceeding; however, it did not act properly if this were a state
proceeding.
c.
acted properly if this were a state proceeding but not if this were a federal case.
d.
acted properly in this case.
d
36. Barden Corporation was convicted of violating federal RICO laws. Accordingly:
a.
the government may file criminal charges against both the company and the individuals associated with the
criminal acts.
b.
the government may file a civil lawsuit against the company to obtain injunctions and other relief.
c.
individuals may file civil lawsuits against the company for violating the RICO statute to recover losses
sustained by the criminal act.
d.
All the above are correct.
d
37. The Miranda warning insures that the criminal suspects understand their constitutional rights relating to:
a.
search and seizure.
b.
self incrimination.
c.
double jeopardy.
d.
having a jury trial.
38. Diane, a police officer, stops Tim’s car for a traffic offense. While talking to Tim, she shines a flashlight into the
passenger compartment of Tim’s car and sees evidence of drug paraphernalia. Which statement is correct?
a.
Diane may search the passenger compartment of the car and any place else in the car, including the trunk,
without Tim’s consent.
b.
Diane may search the passenger compartment of the car without Tim’s consent; however, she may not search
the trunk of the car without his consent or without a search warrant.
c.
Diane may not search the passenger compartment of the car (nor any place else) without Tim’s consent or a
search warrant. However, she can require Tim to remain parked until the search warrant is brought to her.
d.
Under the above circumstances, Diane can write Tim a traffic citation but cannot search the vehicle.
39. Miguel reprogrammed a cellular telephone so that it intercepted electronic funds transfers and rerouted them to
Miguel’s bank account. What crime has he committed?
a.
Insurance fraud, since the bank’s insurance will have to cover the misdirected funds.
b.
Wire fraud.
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c.
Mail fraud.
d.
Embezzlement
40. Mulcare Corp. started a compliance program to prevent and detect criminal conduct within the company and had
specific, high-level officers in charge of overseeing the program. The company effectively communicated the program to
its employees and monitored those employees who were in a position to cheat. It promptly disciplined anyone who broke
the law. One effect of having this program is:
a.
federal investigators would no longer investigate the company since Mulcare could take care of any problems
internally.
b.
federal investigators might be convinced to limit any prosecution to those directly involved rather than
attempting to get a conviction against high-ranking officers or against the company itself.
c.
the Federal Sentencing Guidelines no longer apply.
d.
any cases would be prosecuted in state, rather than federal, court.
b
41. Compare and contrast money laundering and embezzlement. Give an example of each.
42. List and discuss the protections afforded criminal defendants by the Bill of Rights.
cruel and unusual punishment.
43. Discuss the growing problem of identity theft, including how thieves get personal information, what they do with this
information, and how a victim should respond.
companies (Equifax, Experian, or TransUnion), close any account that is potentially affected, notify the local
police, and file a complaint with the FTC.
44. Mary was suspicious of her neighbor, whom she thought was involved in selling illegal drugs. One day Mary arrived
at her apartment and saw a large paper sack tied up with string in front of her neighbor’s door. She took the bundle into her
apartment, opened it, and discovered it was full of cocaine. She called the police and the neighbor was arrested. The
neighbor’s lawyer claimed the evidence had been illegally obtained since no probable cause existed to justify opening up
the paper bundle.
45. Dan was arrested and taken to an interrogation room for questioning. After signing a statement waiving his Miranda
rights, he agreed to answer questions without a lawyer. After about ten minutes, he told the officers he changed his mind
and wanted to talk to a lawyer before answering any more questions. The officers left the room and then came back in.
They told Dan that his partner was confessing to the crime and that, “If your partner confesses first and makes a deal,
you’re the one who’s going to go down for this.” Dan looked at them without saying anything. After a minute, the officer
began questioning Dan again and he confessed to the crime after about an hour. Is this confession admissible?