1. Under strict liability, a defendant can be guilty of a crime regardless of his or her state of mind.
a.
True
b.
False
2. The mens rea for recklessness involves the same elements and standards as those required for intentional wrongdoing.
a.
True
b.
False
False
Moderate
14-3 Elements of a Crime
3. Criminal recklessness is when a person consciously intends to cause the harmful result.
a.
True
b.
False
False
Moderate
14-3 Elements of a Crime
4. The Model Prison Code is a set of criminal law statutes that were proposed by the National Conference of
Commissioners on Uniform state Laws for adoption by the states.
a.
True
b.
False
False
Easy
5. In the case of a felony, many states require a preliminary hearing so the prosecutor can present probable cause that the
True
Easy
14-3 Strict Liability
defendant committed the crime.
a.
True
b.
False
6. A person commits perjury when he or she takes an oath to tell the truth and states a material matter the witness believed
to be true or untrue.
a.
True
b.
False
False
Moderate
14-15b Crimes Perpetrated by the Corporation and Its Agents
7. State laws imposing criminal sanctions for security law violations are called blue sky laws.
a.
True
b.
False
True
Moderate
14-15b Crimes Perpetrated by the Corporation and its Agents
8. Phising involves tricking victims into divulging personal information (especially credit card information) over the
Internet.
a.
True
b.
False
True
Easy
True
Moderate
14–5b Plea
9. An arrest is considered a seizure under the Fourth Amendment.
a.
True
b.
False
10. In the Bond v. United States case referenced in the text, the U.S. Supreme Court held that a border patrol officer
cannot touch or squeeze a bus passenger’s carry-on bag placed in the overhead rack, even though other passengers might
also be expected to touch the bag.
a.
True
b.
False
True
Moderate
14–7b Search Warrant Requirement
11. Requiring a person to appear in a lineup does not violate the Fifth Amendment privilege against self-incrimination.
a.
True
b.
False
12. The erroneous admission at trial of a coerced confession will not always automatically require that the conviction be
overturned.
a.
True
b.
False
True
Moderate
14–8c Bar on Use of Involuntary Confessions
True
Easy
14–7a Arrest Warrant Requirement
13. The Fifth Amendment grants the criminal defendant a right to a trial by jury.
a.
True
b.
False
14. The Seventh Amendment grants the defendant in most criminal prosecutions the right to the assistance of counsel.
a.
True
b.
False
False
Moderate
14–9a Assistance of Counsel
15. A jury trial is not required in cases in which the authorized punishment for the charged offense is six months or less.
a.
True
b.
False
True
Moderate
14–9a Assistance of Counsel
16. Most computer-aided thefts can be prosecuted under traditional state larceny laws.
a.
True
b.
False
True
Moderate
14-15b Crimes Perpetrated by the Corporation and Its Agents
17. A misdemeanor is a crime punishable by a fine or a jail sentence of one year or less.
a.
True
False
Moderate
14–9b Jury Trial
b.
False
18. Evidence illegally obtained by the police in violation of the Fourth Amendment will be excluded from trial whether or
not the police acted in good faith.
a.
True
b.
False
False
Challenging
14–7e The Exclusionary Rule
19. A sales representative cannot legally accept a kickback from a purchaser of his or her employer’s products.
a.
True
b.
False
Moderate
14–15a Crimes Against the Employer
20. In CASE 14.1 Riley v. California (2014) while in custody after an arrest, defendant received phone calls from a
number identified as “my house.” The police inspected the information on defendant’s phone and ascertained his address,
secured a warrant, and recovered contraband which was introduced in the case against the defendant. The main issue on
appeal before the U.S. Supreme Court was whether police may search the contents of an arrestee’s cell phone without a
search warrant.
a.
True
b.
False
True
Challenging
14–7c Other Applications of the Warrant Requirement
True
Moderate
14-1 Definition of a Crime
21. The Racketeer Influenced and Corrupt Organizations Act (RICO) was originally designed to combat corporate crime.
a.
True
b.
False
22. The Computer Fraud and Abuse Act makes the accidental transmission of computer viruses illegal.
a.
True
b.
False
False
Moderate
United States – AACSB: Technology
DISC: – AICPA: BB-Legal
14-15b Crimes Perpetrated bh the Corporation and Its Agents
Blooms: Comprehension
23. The term actus reus is often used to describe a guilty:
a.
thought.
b.
mind.
c.
deed.
d.
intent
c
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
14–3a The Criminal Act
Blooms: Comprehension
24. Criminal law protects society principally by:
a.
vindicating society’s values.
b.
compensating the victim.
c.
punishing the criminal.
d.
defining the rules of social behavior.
c
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
14-4 Criminal vs. Civil Liability
False
Moderate
DISC: – AICPA: BB-Legal
14–15 White-Collar Crime
Blooms: Comprehension
25. Which of the following is NOT true regarding the plea of nolo contendere?
a.
It means that the defendant contests the charges.
b.
For the purposes of criminal proceedings, it is equivalent to a guilty plea.
c.
It cannot be introduced at a subsequent civil trial.
d.
It may be used by corporate defendants who anticipate civil suits based on the same activity for which they
face criminal charges.
a
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
14–5b Plea
Blooms: Comprehension
26. __________ for arrest is defined as a reasonable belief that the suspect has committed a crime or is about to commit a
crime.
a.
Probable cause
b.
Support
c.
Probable reason
d.
Reasonable cause
a
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
14–7a The Arrest Warrant Requirement
Blooms: Comprehension
27. Under the __________, a statement made by a defendant in custody is admissible only if the defendant was informed
prior to police interrogation of his or her constitutional rights.
a.
forced self-incrimination rule
b.
double jeopardy rule
c.
Miranda warnings
d.
due process right
c
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
14–8A Protection Against Self-Incrimination
Blooms: Comprehension
28. A __________ is any crime that is punishable by death or imprisonment for more than one year.
a.
misdemeanor
Blooms: Comprehension
b.
felony
c.
federal offense
d.
white collar crime
29. A(n) __________ is a court order based on an agreement by the defendant corporation to take measures to remedy the
problem that led to the criminal charges.
a.
ex post facto agreement
b.
nolo contendere
c.
consent decree
d.
warrant agreement
c
Moderate
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
14–5c Plea Bargaining, Immunity, and Consent Decrees
Blooms: Knowledge
30. Which of the following types of immunity prohibits any criminal prosecution of a witness that relates to any matter
discussed in his or her testimony?
a.
Transactional
b.
Use
c.
Nolo contendere
d.
Plea
a
Challenging
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
14–5c Plea Bargaining, Immunity, and Consent Decrees
Blooms: Comprehension
31. The defendant formally pleads guilty or not guilty at the:
a.
arraignment.
b.
preliminary hearing.
c.
indictment.
d.
trial.
a
Moderate
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
14-1 Definition of a Crime
Blooms: Knowledge
32. Which of the following is NOT an exception to the warrant requirement for a lawful search?
a.
A search when the owner or a person who appears to have authority voluntarily and intelligently consents to
the search.
b.
A search of a residence if there is probable cause to believe evidence of a crime will be found.
c.
Anything discovered by police in plain view if the officers are legitimately on the premises.
d.
A stop and frisk of a suspect if the officer reasonably believes the suspect is dangerous.
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
14–7b The Search Warrant Requirement
Blooms: Comprehension
33. Which of the following is NOT true regarding seizures and searches after a traffic stop by a police officer?
a.
If a police officer makes a traffic stop that is objectively justified by probable cause to believe a traffic
violation has occurred, then it is irrelevant that the police officer might have used the violation only as a
pretext to stop the car.
b.
Police officers need not inform detained drivers that they are “legally free to go” before asking for consent to
search their vehicles.
c.
A police officer may order passengers out of a vehicle during the course of a traffic stop.
d.
Without driver consent, a police officer can conduct a full car search after issuing a routine traffic citation.
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
14–7b Search Warrant Requirement
Blooms: Application
34. __________ prohibits the testimony of the witness from being used against him in any way.
a.
Transactional immunity
b.
Use immunity
c.
Nolo contendere
d.
Plea bargaining
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
NATIONAL STANDARDS:
United States – BUSBROG: – Analytic
ACCREDITING STANDARDS:
DISC: – AICPA: BB-Legal
14–5b Plea
Blooms: Comprehension
35. Under the __________ of the U.S. Constitution, a person can be convicted of a crime only if his or her actions
constituted a crime at the time they occurred.
a.
Nolo Contendere Clause
b.
Ex Post Facto Clause
c.
First Amendment
d.
Sentencing Clause
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
14-6 Constitutional Protections: Ex Post Facto Clause
Blooms: Comprehension
36. Where may U.S. federal criminal offenses be found?
a.
The United States Code
b.
The Code of Federal Regulations
c.
Both the United States Code and the Code of Federal Regulations
d.
The United States Code, the Coe of Federal Regulations, and the Model Penal Code
c
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
14-2 Source of Criminal Law
Blooms: Knowledge
37. The number of U.S. federal criminal offenses is in the range of:
a.
300.
b.
1,000.
c.
5,500.
d.
19,500.
a
Easy
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
14-2 Sources of Criminal Law
Blooms: Knowledge
38. Evidence found as the result of an illegal search may be characterized as:
a.
irrelevant.
b.
the fruit of the poisonous tree.
14–5c Plea Bargaining, Immunity, and Consent Decrees
Blooms: Application
c.
prosecutorial misconduct.
d.
tainted goods.
39. In the Kyllo v. United States case referenced in the text, the U.S. Supreme Court addressed the question of whether the
police may use infrared thermal-image scanners to scan homes without a warrant in order to find artificial heat sources,
such as heat being released from grow lights for hidden marijuana crops. How did the Court rule?
a.
That the police may not use infrared thermal-image scanners to scan homes without a warrant.
b.
That the police may use infrared thermal-image scanners to scan homes without a warrant.
c.
That the police may use infrared thermal-image scanners to scan homes without a warrant only if the police
received a tip from an informant that the process would reveal criminal activity.
d.
That the police may use infrared thermal-image scanners to scan homes without a warrant only if the home
owner had previously been arrested for an offense involving drug trafficking.
United States – AACSB: Technology
DISC: – AICPA: BB-Legal
14–7b The Search Warrant Requirement
Blooms: Analysis
40. The United States v. Jones case discussed in the text, involved a question of a GPS tracking device placed on car that
was tracked for over a month. The U.S. Supreme Court held that installing the device was:
a.
a search incident to a lawful arrest, and did not require a search warrant.
b.
analogous to a traffic stop in plain view, and therefore did not require a traffic stop.
c.
“negligible” trespass on private property, which did not require a search warrant.
d.
a trespass on private property, which required a search warrant.
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
14–7b The Search Warrant Requirement
Blooms: Analysis
41. In the United States v. Forrester case referenced in the text, the Ninth Circuit Court of Appeals addressed the issue of
whether, without a search warrant, the government can obtain e-mail addresses and information regarding Internet sites
visited through installation of a surveillance device at the location of the Internet service provider. How did the court rule?
a.
That the government violated the defendant’s constitutional rights because no warrant was obtained.
b.
That obtaining the information did not constitute a Fourth Amendment search, because the defendant did not
have an expectation to privacy in emails or websites he visited.
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
14–7e The Exclusionary Rule
Blooms: Comprehension