chapter 5 Flashcards
The Fifth Amendment to the United States Constitution includes the __________.
Multiple Choice
Prohibition against double jeopardy
right of confrontation
Prohibition against excessive bail or fines
exclusionary rule
Prohibition against double jeopardy
While voluntarily in a drunken, intoxicated state, Bob shot and killed Bill. Which of the following is true regarding defenses available to Bob based on his intoxicated state?
Multiple Choice
Because he was voluntarily intoxicated, Bob cannot be found guilty of any criminal defense although he may be required to pay damages to Bill’s family.
Because he was voluntarily intoxicated, Bob should argue that he was incapable of premeditation and should not be convicted of first-degree murder.
Voluntary intoxication is disregarded in criminal prosecutions and would, therefore, have no effect on any defense of Bob.
If, and only if, Bob can establish that Bill was involved with him in the consumption of alcohol prior to the shooting, Bob can avoid liability on the basis that Bill was comparatively negligent.
Because he was voluntarily intoxicated, Bob should argue that he was incapable of premeditation and should not be convicted of first-degree murder.
Which of the following is false regarding provisions of the Sarbanes-Oxley Act?
Multiple Choice
Under the act, it is a felony to defraud shareholders of a publicly traded company.
Under the act, employees who “blow the whistle” on their employers for fraud are offered legal protection.
Under the act, it is a crime for anyone to knowingly alter or destroy documents with the intent to impede, obstruct, or influence a government investigation.
Under the act, the chief executive officer (CEO), but not the chief financial officer (CFO), must certify reports submitted to the Securities and Exchange Commission (SEC).
Under the act, the chief executive officer (CEO), but not the chief financial officer (CFO), must certify reports submitted to the Securities and Exchange Commission (SEC).
Which federal regulatory agency was authorized to establish a do-not-email registry?
Multiple Choice
IRS
FTC
SEC
OSHA
FTC
The double jeopardy rule says that defendants are not criminally responsible if, due to a mental disease or defect, they lack the substantial capacity to appreciate the wrongfulness of the act or to conform their conduct to the requirements of the law.
True or False
False
Misdemeanors are serious offenses that are generally punishable by confinement in a penitentiary for substantial periods of time.
true or false
false
Which of the following imposes privacy obligations on those who process and handle electronic communications and those who intercept such messages?
Multiple Choice
ECPA
TILA
CAN-SPAM
RICO
ECPA
Alice, with malice aforethought, took the life of Steve. The malice aforethought is the:
Multiple Choice
Mens Rea
Actus Reus
Burden of Proof
Corpus Delicti
Mens Rea
Under the Sarbanes-Oxley Act of 2002, CEOs and CFOs must reimburse the company for any bonuses or other incentive compensation if any financial reporting is misleading due to misconduct, unless the misconduct was not attributable to the CEO or CFO.
true or false
false
In a criminal proceeding, the state must prove the defendant’s guilt by beyond a reasonable doubt.
true or false
true
At a minimum, what must the government show in order to establish the type of pattern of activity necessary for a RICO violation?
Multiple Choice
The commission of any federal offense.
The commission of any two felonies within a 3-year period.
The commission of at least one federal offense and three state offenses within a 5-year period.
The commission of two offenses prohibited by RICO within a 10-year period.
The commission of two offenses prohibited by RICO within a 10-year period.
The Wiretap Act is part of which larger statute?
Multiple Choice
The First Amendment
The Racketeer Influenced and Corrupt Organizations Act
The Electronic Communications Privacy Act
The Cyber Security Enhancement Act
The Electronic Communications Privacy Act
What did the Supreme Court rule in Rodriguez v. United States, the case in which the defendant claimed that he was unlawfully detained for an excessive amount of time, seven or eight minutes, following a traffic stop in order for law enforcement officers to arrange for a drug dog to sniff his car for drugs?
Multiple Choice
That prolonging the traffic stop for a dog sniff was constitutional because the defendant was only detained for a short period of time.
That prolonging the traffic stop for a dog sniff was constitutional, but only because drugs were found; otherwise, it would have been unlawful.
That prolonging the traffic stop for a dog sniff did not violate the defendant’s constitutional rights but did violate federal law regarding the authority of law enforcement officers.
That prolonging the traffic stop for a dog sniff violated the defendant’s constitutional rights.
That prolonging the traffic stop for a dog sniff violated the defendant’s constitutional rights.
According to the Fourth Amendment to the United States Constitution, a warrant for a search or an arrest cannot be issued without __________.
Multiple Choice
probative evidence
probable cause
reasonable suspicion
due diligence
probable cause
Cybercrimes carry criminal penalties.
true or false
true
