Business Law with UCC Applications Paul Sukys 15e - Test Bank Instant Download - Complete Test Bank With Answers Sample Questions Are Posted Below Business Law with UCC Applications, 15e (Sukys) Chapter 5 Criminal Law and Cybercrimes 1) The U.S. Constitution grants the federal government express authority to enact criminal …
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Business Law with UCC Applications, 15e (Sukys)
Chapter 5 Criminal Law and Cybercrimes
1) The U.S. Constitution grants the federal government express authority to enact criminal law statutes.
Answer: FALSE
Explanation: While the constitution does not give express authority, the federal government does enact criminal law and has set up the Federal Bureau of Investigation (FBI) as a national police force. The President also has cabinet-level criminal enforcement via the U.S. Attorney General and the Department of Homeland Security.
Difficulty: 2 Medium
Topic: Definition and Classes of Crimes
Learning Objective: 05-01 Explain the purpose of criminal law.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
2) A misdemeanor is a crime punishable by death/imprisonment in a federal/state prison for a term exceeding one year.
Answer: FALSE
Explanation: No, a felony (not a misdemeanor) is a crime punishable by death or imprisonment in a federal or a state prison for a term exceeding one year. Some felonies are also punishable by fines.
Difficulty: 2 Medium
Topic: Definition and Classes of Crimes
Learning Objective: 05-02 Enumerate the various categories and classes of crimes.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
3) Under American law, a crime can be committed regardless of whether an act has occurred.
Answer: FALSE
Explanation: Under American law, a crime cannot be committed unless some act has occurred. In other words, an individual cannot be charged with a crime for merely thinking of a criminal act.
Difficulty: 2 Medium
Topic: Definition and Classes of Crimes
Learning Objective: 05-01 Explain the purpose of criminal law.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
4) A person who cleans a hunting rifle without checking to see if it is loaded is acting with recklessness because that person has not bothered to look for any possible negative consequences that could result from those actions.
Answer: FALSE
Explanation: This is an example of criminal negligence. Recklessness involves a perverse disregard of a known risk of negative consequences. People act recklessly when they are indifferent to a serious risk that they know exists.
Difficulty: 3 Hard
Topic: Elements of a Crime
Learning Objective: 05-04 Identify the four mental states to be found in the criminal code.
Bloom’s: Apply
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
5) An individual can be convicted for a criminal act even if the prosecutor cannot prove the defendant had an evil motive for committing the crime.
Answer: TRUE
Explanation: Establishing motive may help the prosecution persuade the jury that the accused is guilty, but proving an evil motive is not necessary for a criminal conviction.
Difficulty: 3 Hard
Topic: Elements of a Crime
Learning Objective: 05-03 Describe the nature of an act within the concept of criminal liability.
Bloom’s: Evaluate
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
6) Experts who believe in deterrence say that the criminal process should be presented in a public way, so that the public will learn the difference between acceptable and unacceptable behavior.
Answer: FALSE
Explanation: Those experts who believe in deterrence advocate long and difficult prison sentences, so that other people in society are dissuaded from committing similar offenses and thus suffering the same fate.
Difficulty: 2 Medium
Topic: Elements of a Crime
Learning Objective: 05-06 Explain the various theories of punishment within criminal law.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
7) Alfred drives his car very fast in a school zone when the school is releasing students at the end of the school day. A student dies when he is hit by Alfred’s car. Alfred has committed manslaughter with premeditation.
Answer: FALSE
Explanation: Some states specifically define premeditation as an action that results from the criminal defendant’s “prior calculation and design.” That does not appear to be the case here. Rather Alfred is most likely culpable of involuntary manslaughter which occurs when a killing results from negligence.
Difficulty: 3 Hard
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.
Bloom’s: Apply
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
8) A doctor who injects an antibiotic into a patient’s arm without the patient’s consent may be liable for assault.
Answer: FALSE
Explanation: This is not an assault, but rather a battery. An assault is the threat of harm to a person. A battery is a crime in which the offender causes actual physical harm to the victim.
Difficulty: 2 Medium
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
9) Gabriel points a gun at a store clerk to frighten the clerk. This is an example of assault and battery.
Answer: FALSE
Explanation: Pointing the gun is only an assault, not an assault and battery. Assault is the threat of harm to the victim, in this case pointing the gun. Although some states , however, altered the actual language of the law and have completely eliminated the term battery and replaced it with the word assault.
Difficulty: 3 Hard
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.
Bloom’s: Apply
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
10) George’s forced entry through a window along with his intention to rob a safe establishes the act of aggravated burglary.
Answer: FALSE
Explanation: Aggravated burglary includes everything that burglary includes but adds the use of a deadly weapon, the infliction of harm, the threat of harm, or the attempt to harm another person.
Difficulty: 2 Medium
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
11) In the Opening Case Round 3, United States v. Hearst, the authors state that Hearst’s attorney, F. Lee Bailey, argued that Hearst was not guilty of armed (or aggravated) robbery because no one was injured in the bank holdup.
Answer: FALSE
Explanation: Hearst engaged in the elements of armed robbery: (1) the robbery was photographed on the bank’s security cameras, (2) Hearst and her accomplices were seen carrying automatic weapons and were heard shouting commands at customers and bank employees, (3) on their way out of the bank, the robbers shot two people, and (4) the net amount stolen from the bank was $10,960.
Difficulty: 3 Hard
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.
Bloom’s: Evaluate
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
12) The RICO Act covers only serious crimes, such as arson and robbery.
Answer: FALSE
Explanation: To prevent a criminal invasion of legitimate businesses, Congress enacted the Racketeer Influenced and Corrupt Organizations (RICO) Act. Many of the offenses that fall within the scope of “racketeering activity”—such as arson and robbery—are serious crimes. Others, however, are less sinister. For example, both mail fraud and wire fraud fall within the definition of racketeering activities.
Difficulty: 2 Medium
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
13) Stan threatens to use his computer skills to shut down the computers of the U.S. air traffic control system unless he is paid money. Stan is likely committing cyber-stalking.
Answer: FALSE
Explanation: Stan is most likely committing the crime of cyber-terrorism which involves using a computer to disrupt or destroy one of the critical elements of the nation’s cyber-infrastructure, such as the power grid, the air traffic control system, water and sanitation plants, the ground transportation system, a harbor traffic-control network, a cell tower network, the nation’s stock exchange, the banking system, hospital back-up generator systems, or the national defense system.
Difficulty: 3 Hard
Topic: Cybercrimes
Learning Objective: 05-08 Define and explain the nature of cybercrimes.
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
14) The Economic Espionage Act (EEA) is designed to protect against electronic- vandalism.
Answer: FALSE
Explanation: The Economic Espionage Act (EEA) is designed to protect trade secrets. A trade secret is a plan, process, or device that is used in a business and is known only to those employees who need to know the secret to carry out their work. Examples of trade secrets include customer lists, chemical formulas, manufacturing processes, marketing techniques, pricing methods, and food or beverage recipes. The EEA outlaws the downloading of trade secrets.
Difficulty: 2 Medium
Topic: Cybercrimes
Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
15) Under the irresistible impulse test a defendant can be found not guilty by reason of insanity if, at the time the criminal act was committed, he or she was suffering from a mental disease that was so serious that the defendant did not know the nature of the act or did not know that act was wrong.
Answer: FALSE
Explanation: This is a statement of the M’Naughten Rule. The irresistible impulse test, on the other hand, holds that criminal defendants can be found not guilty by reason of insanity if, at the time of the offense, they were stricken with a mental disease that prevented them from knowing right from wrong or that compelled them to commit the crime.
Difficulty: 2 Medium
Topic: Defenses to Criminal Liability
Learning Objective: 05-09 Explain the standards for the insanity defense in criminal law.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
16) Under the Coercive Persuasion test, a victim manifests an affection and emotional sympathy for the kidnapper.
Answer: FALSE
Explanation: No, this is the Stockholm Syndrome which is generally manifested by a victim’s identification with, and emotional affection for, a kidnapper that leads the victim to commit particular acts. The coercive persuasion test involves a perverse relationship between a dominant party and a victim that transforms the personality of the victim so that the victim’s identity undergoes a radical change.
Difficulty: 2 Medium
Topic: Defenses to Criminal Liability
Learning Objective: 05-09 Explain the standards for the insanity defense in criminal law.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
17) If a law enforcement officer induces a law-abiding citizen to commit a crime that he or she would not otherwise commit, the defendant may have the right to use self-defense.
Answer: FALSE
Explanation: If a law enforcement officer induces a law-abiding citizen to commit a crime, entrapment—not self-defense—may be used as a defense. The person using the entrapment defense must show that the crime would not have been committed had it not been for the inducement of the officer.
Difficulty: 2 Medium
Topic: Defenses to Criminal Liability
Learning Objective: 05-10 Outline the requirements of entrapment as a defense in criminal law.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
18) A person has a duty to retreat before using force, even if the attack occurs in her own home.
Answer: FALSE
Explanation: In some states, the person claiming self-defense must retreat, if possible, before resorting to force. However, a person does not have a duty to retreat before using force if the attack occurs in his or her own home. Some states have stand-your-ground provisions within their common law tradition. A stand-your-ground statute extends self-defense by eliminating any requirement to retreat, even outside one’s home or vehicle. Therefore, as long as an individual is in a place that he or she has the legal right to be, then no retreat is necessary under the law.
Difficulty: 2 Medium
Topic: Defenses to Criminal Liability
Learning Objective: 05-10 Outline the requirements of entrapment as a defense in criminal law.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
19) Patricia believes she could not be personally charged for gambling if she creates a lottery to raise money for her favorite charity. This could be used as a defense to being prosecuted for unlawful gambling.
Answer: FALSE
Explanation: It is not a defense for an accused to say that he or she did not know this particular conduct was prohibited by law. Nor is it a defense to a gambling charge for the defendant to argue that he or she did not know that the gambling law applied to him or her.
Difficulty: 3 Hard
Topic: Defenses to Criminal Liability
Learning Objective: 05-10 Outline the requirements of entrapment as a defense in criminal law.
Bloom’s: Apply
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
20) If a spouse had no idea that she was in danger of death or severe bodily injury, she may use the battered spouse syndrome as a form of self-defense in some courts.
Answer: FALSE
Explanation: No. The battered spouse syndrome can be used only if the spouse had good reason to believe she/he was in danger of death or severe injury.
Difficulty: 3 Hard
Topic: Defenses to Criminal Liability
Learning Objective: 05-10 Outline the requirements of entrapment as a defense in criminal law.
Bloom’s: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
21) Which of the following is true of criminal law under the American law system?
Answer: D
Explanation: A single offense may trigger two prosecutions if the offense can be designated as two different crimes and can be tried in two different courts. This does not violate the double jeopardy described in the U.S. Constitution. Thus, it is possible, for example, for a police officer to be tried in a state court for assaulting a suspect and be tried in federal court for depriving that same suspect of his civil rights.
Difficulty: 3 Hard
Topic: Definition and Classes of Crimes
Learning Objective: 05-01 Explain the purpose of criminal law.
Bloom’s: Evaluate
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
22) A city ordinance allowed the police to arrest young men who were loitering in any public place with no apparent purpose and failed to disperse when requested to do so by the police. William was arrested under the ordinance. What is William’s best legal challenge to his arrest?
Answer: B
Explanation: Courts have frequently held statutes that outlaw a status, such as drug addiction or vagrancy, to be void for vagueness. The language of a criminal statute is overbroad if the courts cannot determine what specific activity the legislature intended to outlaw.
Difficulty: 3 Hard
Topic: Elements of a Crime
Learning Objective: 05-03 Describe the nature of an act within the concept of criminal liability.
Bloom’s: Apply
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
23) Which of the following would be considered a criminal act?
Answer: B
Explanation: The two elements necessary to create criminal liability are a criminal act and the required state of mind. Even a small act that appears by itself to be innocent can, in the proper context, become an illegal act.
Difficulty: 3 Hard
Topic: Definition and Classes of Crimes
Learning Objective: 05-03 Describe the nature of an act within the concept of criminal liability.
Bloom’s: Evaluate
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
24) Two drivers challenge each other to a drag race on a public highway. This is an example of acting with:
Answer: C
Explanation: Recklessness involves a perverse disregard of a known risk of negative consequences. The drivers have disregarded the possible serious consequences of their decision to engage in an illegal drag race.
Difficulty: 3 Hard
Topic: Elements of a Crime
Learning Objective: 05-04 Identify the four mental states to be found in the criminal code.
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
25) A child is killed by the violent behavior of his mother’s boyfriend. The mother was aware of the possible danger her boyfriend posed to her son, yet failed to take steps to prevent or reduce the risk of harm to her son. She can be convicted of a crime due to which of the following requisite states of mind?
Answer: A
Explanation: People act with negligence when they fail to see the possible negative consequences of their actions. A person who cleans a hunting rifle without checking to see if it is loaded is acting with negligence, because that person has not bothered to look for any possible negative consequences that could result from those actions.
Difficulty: 3 Hard
Topic: Elements of a Crime
Learning Objective: 05-04 Identify the four mental states to be found in the criminal code.
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
26) Which of the following types of criminal homicide involves killing someone with premeditation, killing in a cruel way such as with torture, or killing while committing a major crime?
Answer: C
Explanation: Individuals act with purpose when they intend to cause the result that, in fact, occurs. However, intent should not be confused with premeditation, which is often an added condition in the case of aggravated or first-degree murder. Some states specifically define premeditation as an action that results from the criminal defendant’s “prior calculation and design.”
Difficulty: 3 Hard
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
27) A robber kills a convenience store clerk and escapes with just $5. Which of the following types of homicide best fits the facts?
Answer: B
Explanation: In general, most states define first-degree murder to include one of the following circumstances: killing someone with premeditation (thinking about it and planning the homicide in advance with “prior calculation and design”) and/or killing someone while committing a major crime, such as rape, robbery, or kidnapping.
Difficulty: 3 Hard
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
28) Joe, driving while intoxicated, caused a traffic accident that killed a passenger in his car. Joe may be charged with:
Answer: A
Explanation: A killing that results when a person is in a state of extreme fright, terror, anger, or blind rage that destroys the ability to reason is known as voluntary manslaughter. When the killing results from negligence, it is usually called involuntary manslaughter.
Difficulty: 3 Hard
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.
Bloom’s: Evaluate
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
29) The term ________ has been used to describe a crime in which the offender causes actual physical harm to the victim.
Answer: D
Explanation: Throughout most of English and American history, the term battery has been used to describe a crime in which the offender causes actual physical harm to the victim.
Difficulty: 2 Medium
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
30) A statute that made burning a cross to cause fear a criminal offence would be an example of what type of crime?
Answer: B
Explanation: Many legislative bodies have attempted to criminalize the use of certain symbols, writings, and speech intended to provoke outrage or fear on the basis of race, religion, color, or gender. These statutes and ordinances are frequently referred to as laws against hate speech.
Difficulty: 3 Hard
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.
Bloom’s: Analyze
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
31) A shoplifter steals a can of soda and tries to escape. He threatens and fights the clerk when confronted. This is an example of:
Answer: D
Explanation: Robbery can involve attempting to commit or actually committing a theft by inflicting, or attempting to inflict, physical harm on another person.
Difficulty: 2 Medium
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
32) Myra, the assistant accountant at Multibusiness, Inc., decides to transfer $5,000 from a Multibusiness account to her personal account in order to pay some personal medical expenses. Myra plans to repay the money as soon as she receives reimbursement from her health insurance. Myra has committed:
Answer: C
Explanation: In many jurisdictions, embezzlement is defined as wrongfully taking property or funds that have been entrusted to the care of the offender. Unlike similar offenses such as theft, robbery, and burglary, a fundamental element of embezzlement is that the embezzler had control over the property or the funds that were wrongfully taken.
Difficulty: 3 Hard
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
33) ________ is analogous to forgery because it also involves the alteration or falsification of an object or a document with intent to defraud.
Answer: B
Explanation: Criminal simulation is analogous to forgery because it also involves the alteration or falsification of a document with intent to defraud. However, criminal simulation involves altering or falsifying art objects, antiques, photographs, films, tapes, recordings, and/or antiquities with the intent to defraud.
Difficulty: 2 Medium
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
34) Agnes, a convenience store cashier, takes $5 out of the register for every $100 she rings up and keeps it. Agnes could be arrested for:
Answer: B
Explanation: Embezzlement is defined as wrongfully taking property or funds that have been entrusted to the care of the offender. A fundamental element of embezzlement is that the embezzler had control over the property or the funds that were wrongfully taken. Thus, embezzlement often occurs in a business setting and frequently involves the employees of the victim.
Difficulty: 3 Hard
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
35) Alvin has discovered how to duplicate subway fare cards, and has made several hundreds of them with the intention of defrauding people. Which of the following crimes has Alvin committed?
Answer: B
Explanation: It is forgery to possess or sell an altered or false writing with the intent to defraud. Some states have expressly added identity cards to their forgery statutes to emphasize the criminal nature of forged IDs. These states generally make it a crime to create, sell, use, or possess a false ID.
Difficulty: 3 Hard
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.
Bloom’s: Apply
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
36) ________ is the making of a false statement under oath.
Answer: A
Explanation: Generally, perjury is defined as making a false statement under oath. In most cases, the fact that the perjured testimony is inadmissible as evidence makes no difference; the false statement is still perjury. However, a person cannot be convicted of perjury by a single witness.
Difficulty: 2 Medium
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
37) Tom enters a computer chat room attempting to contact children online with the intention of taking illegal advantage of them. This e-crime is known as:
Answer: C
Explanation: Cyber-stalking, e-stalking, or electronic stalking involves targeting individuals for exploitation using computer connections.
Difficulty: 3 Hard
Topic: Cybercrimes
Learning Objective: 05-08 Define and explain the nature of cybercrimes.
Bloom’s: Evaluate
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
38) Mark enjoys hacking into the computer databases of companies, but never takes or damages any data. Mark has violated which of the following statutes?
Answer: B
Explanation: The Computer Fraud and Abuse Act outlaws the following activities: obtaining national security information, compromising the confidentiality of a computer, trespassing in a government computer, accessing a computer to defraud, damaging a computer, damaging computer information, trafficking in passwords, and threatening to damage a computer.
Difficulty: 3 Hard
Topic: Cybercrimes
Learning Objective: 05-08 Define and explain the nature of cybercrimes.
Bloom’s: Apply
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
39) A criminal defendant is found to be suffering from a mental disease that is so serious she does not know the nature of her actions or the fact that the acts she commits are wrong. This describes which of the following tests?
Answer: A
Explanation: The oldest test of insanity is the M’Naughten Rule. Under this rule, a defendant can be found not guilty by reason of insanity (NGRI) if, at the time the criminal act was committed, he or she was suffering from a mental disease that was so serious that the defendant did not know the nature of the act or did not know that act was wrong.
Difficulty: 3 Hard
Topic: Defenses to Criminal Liability
Learning Objective: 05-09 Explain the standards for the insanity defense in criminal law.
Bloom’s: Evaluate
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
40) ________ is only a defense to charges of criminal liability if it destroys one of the elements necessary to that crime.
Answer: B
Explanation: Mistake is a defense to charges of criminal liability, as long as the mistake destroys one of the elements necessary to that crime.
Difficulty: 2 Medium
Topic: Defenses to Criminal Liability
Learning Objective: 05-10 Outline the requirements of entrapment as a defense in criminal law.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
41) Sue is in her apartment complex when she hears screams and what sound like gunshots. However, she fails to call 911. Has Sue committed a crime due to her failure to call the police? Explain.
Answer: The failure to act, an omission, or the outright refusal to act may be considered criminal. Generally, however, an omission must be coupled with a legally imposed duty. In the absence of a legally imposed duty, Sue’s failure to act is not a crime.
Difficulty: 3 Hard
Topic: Elements of a Crime
Learning Objective: 05-03 Describe the nature of an act within the concept of criminal liability.
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
42) While sleepwalking during his stay in a hotel, Boterus ran into Selan, another guest at the hotel, knocking Selan down the stairs. Selan called the police and demanded that Boterus be arrested. Will Boterus likely be convicted of a crime? Explain.
Answer: Many states specifically exclude involuntary movement and behavior from their general definition of a criminal act. Convulsions, reflexes, movements during sleep or unconsciousness, or behavior during a seizure are all considered involuntary movement or behavior falling outside the limits of criminal liability. Hence, Boterus cannot be arrested on grounds of a criminal offense.
Difficulty: 3 Hard
Topic: Elements of a Crime
Learning Objective: 05-03 Describe the nature of an act within the concept of criminal liability.
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
43) A gasoline tanker truck is speeding around a curve in the road and overturns on the shoulder of the highway. The truck catches fire due to a spark igniting the gasoline and the fire spreads through a field where it burns a house and barn. The driver is arrested and accused of a criminal act. Analyze the situation.
Answer: While the driver did not engage in the willful and malicious burning of the homeowner’s property, he has acted with recklessness as he was indifferent to a serious risk he knew existed when driving a gasoline tanker truck at a high speed. He also acted with negligence as he failed to see the possible negative consequences of his actions. The driver can be convicted of criminal negligence, which is concerned with punishing the wrongdoer and protecting the public at large.
Difficulty: 3 Hard
Topic: Elements of a Crime
Learning Objective: 05-04 Identify the four mental states to be found in the criminal code.
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
44) The police have the DNA and fingerprint evidence to connect Amy, the CEO of BIGCORP, to a particular crime of murder involving the CEO of a major competitor, but they still have not found enough evidence of a motive for Amy to kill the victim. Would the lack of a motive prevent Amy from being convicted? And, would BIGCORP be criminally liable for Amy’s actions?
Answer: The two elements necessary to create criminal liability are a criminal act and the required state of mind. Establishing motive may help the prosecution persuade the jury that Amy is personally guilty, but proving an evil motive is not necessary for a criminal conviction. Further, courts today can hold corporations liable for the criminal acts of their employees using the doctrine of vicarious liability, a theory which is also called respondeat superior. Under this approach, courts can decide that a corporation could be declared criminally responsible if one of its employees committed a crime while on the job, working for the benefit of the corporation.
Difficulty: 3 Hard
Topic: Elements of a Crime
Learning Objective: 05-05 Explain the nature of corporate criminal liability.
Bloom’s: Evaluate
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
45) Zach sells art pieces that are altered and falsified, but convinces his customers that they are buying original artifacts. Explain the kind of crime committed by Zach.
Answer: Criminal simulation is analogous to forgery because it also involves the alteration or falsification of an object or a document with intent to defraud. Criminal simulation involves altering or falsifying art objects, antiques, photographs, films, tapes, recordings, and/or antiquities with the intent to defraud.
Difficulty: 3 Hard
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
46) Lane offered the mayor of Ontario $12,000 to award Lane’s firm a building contract. The mayor refused the bribe. When Lane was arrested, he claimed that he was innocent of the charge of bribery because the mayor never took the money. Discuss the possibility of Lane’s actions to be qualified as crime.
Answer: Lane has committed a crime against justice. Bribery involves offering, promising, or actually giving something of value to a public official with the goal of influencing that official in the discharge of his or her public duties. The law does not state a condition that bribery can take place only if the official has accepted the bribe. Hence, Lane is guilty of a crime and can be tried in a criminal court.
Difficulty: 3 Hard
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.
Bloom’s: Evaluate
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
47) Jackson’s wallet is stolen. The thief makes use of the identification items in the wallet to pass himself off as Jackson in order to establish fraudulent credit card accounts and in general, disrupt Jackson’s financial life. Analyze the crimes and the law violations for which the thief can be convicted.
Answer: The thief can be convicted of theft-defined as knowingly taking or obtaining control over the property of another individual without consent, using deceit, threats or coercion. The thief can also be convicted for violating the Identity Theft and Assumption Deterrence Act, which outlaws the unauthorized transfer, possession, or use of a means of identifying another person to violate federal law. The amendment adds a new crime, called aggravated identity theft to the original statute.
Difficulty: 3 Hard
Topic: Specific Crimes; Cybercrimes
Learning Objective: 05-07 Enumerate and explain the elements of several key crimes.; 05-08 Define and explain the nature of cybercrimes.
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
48) Brooke sends e-mails to customers of a local bank, directing them to a website that she has created, which appears to be the website of the bank. The customers are directed to update their banking information by entering their credit and personal information. Analyze the crime for which Brooke can be convicted.
Answer: Brooke has committed cyber-spoofing—where a person has falsely adopted the identity of another computer user or created a false identity on a website to commit fraud. Whether or not Brooke uses the information to commit fraud, she has created a phony website to divert the users from legitimate websites to obtain credit card numbers, debit card numbers, PINs, passwords, or other confidential information—an act that is likely to violate the Computer Fraud and Abuse Act.
Difficulty: 3 Hard
Topic: Cybercrimes
Learning Objective: 05-08 Define and explain the nature of cybercrimes.
Bloom’s: Analyze
AACSB: Analytical Thinking
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49) A hacker threatens to shut down a company’s computer system unless the company pays him $10 million. Discuss the crime and federal statutes involved in the case.
Answer: The hacker has committed the crime of cyber-extortion or electronic extortion. The hacker can also be tried for the violation of the Computer Fraud and Abuse Act.
Difficulty: 3 Hard
Topic: Cybercrimes
Learning Objective: 05-08 Define and explain the nature of cybercrimes.
Bloom’s: Evaluate
AACSB: Analytical Thinking
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50) An undercover police investigator logs into a computer chat room posing as a 15-year-old girl. An older man, knowing the asserted age of the “girl”, suggests that they meet at a local motel and expresses his intentions. The man checks into the motel at the pre-arranged time, and is arrested for attempted statutory rape under a state Internet enticement law. Discuss the case in brief.
Answer: The question raises an issue of intent. There might be proof that there were substantial acts in furtherance of the crime and intent to commit it. Entrapment might be raised, but is not likely to be successful unless the defendant proves that the crime would not have been committed had it not been for the inducement of the officer.
Difficulty: 3 Hard
Topic: Defenses to Criminal Liability
Learning Objective: 05-10 Outline the requirements of entrapment as a defense in criminal law.
Bloom’s: Evaluate
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
Original price was: $30.00.$20.00Current price is: $20.00.
