CHAPTER 7 – CRIME
TRUE/FALSE
1. When measured in dollars, street crime costs society more than twice as much as white-collar crime.
2. Every criminal defendant has a right to a jury trial.
3. A crime is a violation of statutory law.
4. The parties to a criminal trial are the government and the defendant.
5. In order for the government to obtain a criminal conviction, it must prove its case beyond a reasonable
doubt.
6. Taking a service without paying for it is a common type of larceny.
7. Under the laws of most states, a corporation cannot be held responsible for committing crimes.
8. Criminal defendants have the right to a lawyer at all the important stages of the criminal process.
9. Congress revised and reauthorized the Patriot Act, but the secret national security letter provisions
were later limited by a federal appeals court.
10. The Sixth Amendment declares that a person cannot be tried twice for the same criminal offense.
11. Miranda v. Arizona considered the intent requirement in an armed robbery case.
12. Entrapment can be a valid defense to a criminal act.
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.
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.
15. The crime of money laundering involves using low-value currency to produce counterfeit high-value
currency bills.
MULTIPLE CHOICE
1. 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.
2. 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.
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.
3. 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 responsiblities when he hit Gary.
d.
Gary cannot be an employee of the same company as Jeff.
4. 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.
5. When a judge orders a criminal defendant to reimburse the victim, it is called:
a.
reimbursement.
b.
restitution.
c.
restraint.
d.
reformation.
6. The Fifth Amendment protection against self-incrimination applies to:
a.
both individuals and corporations.
b.
corporate officers to prevent disclosure of corporate documents.
c.
individuals only.
d.
corporations only.
7. 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.
8. The state of mind required to commit a burglary would be:
a.
general intent.
b.
reckless conduct.
c.
strict liability.
d.
specific intent.
9. 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.
10. Some of the 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.
11. The fraudulent conversion of property which is already in the defendant’s possession is:
a.
money laundering.
b.
exclusion.
c.
embezzlement.
d.
trespassory taking.
12. 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.
13. The criminal penalties under RICO include all EXCEPT:
a.
imprisonment.
b.
capital punishment.
c.
confiscation of property acquired through the criminal activity.
d.
fines.
14. Approximately how much merchandise is stolen from United States retail stores every year?
a.
$10 million
b.
$50 million
c.
$10 billion
d.
$25 billion
15. The most important statute regulating safety in the workplace is:
a.
the Occupational Safety and Health Act of 1970
b.
the Organizational State Health Act of 1970
c.
the Racketeer Influenced and Corrupt Organizations Act
d.
the Patriot Act
16. 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.
17. 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.
18. 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.
19. 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.
d.
was not passed into law due to a presidential veto.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
c.
Mail fraud.
d.
Embezzlement
25. 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.
ESSAY
1. Compare and contrast money laundering and embezzlement. Give an example of each.
2. List and discuss the protections afforded criminal defendants by the Bill of Rights.
3. Discuss the growing problem of fraud, including a general definition of fraud and at least three types
of fraud.
4. 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.
5. 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?