Business Law Arlen Langvardt 17e - Test Bank Instant Download - Complete Test Bank With Answers Sample Questions Are Posted Below Business Law, 17e (Langvardt) Chapter 5 Criminal Law and Procedure 1) Special deterrence occurs when punishment of a wrongdoer deters other persons from committing similar offenses. Answer: FALSE Explanation: …
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Business Law Arlen Langvardt 17e – Test Bank
Instant Download – Complete Test Bank With Answers
Sample Questions Are Posted Below
Business Law, 17e (Langvardt)
Chapter 5 Criminal Law and Procedure
1) Special deterrence occurs when punishment of a wrongdoer deters other persons from committing similar offenses.
Answer: FALSE
Explanation: Special deterrence occurs when punishment of an offender deters him/her from committing further crimes. In contrast, general deterrence results when punishment of a wrongdoer deters other persons from committing similar offenses.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
2) When Congress created the U.S. Sentencing Commission and charged it with creating the Federal Sentencing Guidelines, Congress sought (among other things) to decrease judicial discretion in sentencing.
Answer: TRUE
Explanation: The guidelines were created with a view to reducing judicial discretion in sentencing and minimizing disparities among sentences imposed on defendants who committed the same offenses.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
3) When a judge’s sentencing decision is challenged on appeal, the governing standard will be one of reasonableness.
Answer: TRUE
Explanation: In the 2005 United States v. Booker case, the Supreme Court stated that when a judge’s sentencing decision is challenged on appeal, the governing standard will be one of reasonableness.
Difficulty: 2 Medium
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between a felony and a misdemeanor.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
4) The U.S. Constitution allows ex post facto criminal laws.
Answer: FALSE
Explanation: The U.S. Constitution prohibits ex post facto criminal laws. This means that a defendant’s act must have been prohibited by statute at the time he/she committed it and that the penalty imposed must be the one provided for at the time of his/her offense.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
5) Crimes are private wrongs.
Answer: FALSE
Explanation: Crimes are public wrongs—acts prohibited by the state or federal government. In contrast, torts are private wrongs.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
6) Obscene expression receives no First Amendment protection.
Answer: TRUE
Explanation: The Supreme Court has established that obscene expression receive no First Amendment protection.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-02 Explain why the First Amendment may sometimes serve as a defense to criminal liability.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
7) The Eighth Amendment forbids cruel and unusual punishments.
Answer: TRUE
Explanation: The Constitution limits the type of punishment imposed on those convicted. The Eighth Amendment forbids cruel and unusual punishments in criminal cases.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-03 Identify the constitutional provisions at issue when a criminal law is challenged as being excessively vague.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
8) The Equal Protection Clause prevents states and the federal government from enacting criminal laws that discriminate against different classes of persons.
Answer: TRUE
Explanation: The Fourteenth Amendment’s Equal Protection Clause prohibits criminal statutes that discriminatorily treat certain persons of the same class or arbitrarily discriminate among different classes of persons.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-03 Identify the constitutional provisions at issue when a criminal law is challenged as being excessively vague.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
9) Voluntary intoxication usually serves as a complete defense to criminal liability.
Answer: FALSE
Explanation: Voluntary intoxication does not serve as a complete defense to criminal liability although it may decrease the degree of a defendant’s responsibility.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-04 Identify the standard of proof that the government must meet in a criminal prosecution, as well as the constitutional sources of that requirement.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
10) In the United States, a defendant in a criminal case is presumed innocent.
Answer: TRUE
Explanation: Defendants in criminal cases are presumed innocent until proven guilty. This is called the presumption of innocence.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-04 Identify the standard of proof that the government must meet in a criminal prosecution, as well as the constitutional sources of that requirement.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
11) At a preliminary hearing, the prosecutor must prove his case by the “beyond a reasonable doubt” standard.
Answer: FALSE
Explanation: At a preliminary hearing, the prosecutor must provide enough evidence to persuade a magistrate that there is probable cause to believe the accused committed a felony.
Difficulty: 1 Easy
Topic: Criminal Procedure
Learning Objective: 05-05 Identify the major steps in a criminal prosecution.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
12) The language of the Bill of Rights only refers to actions of the federal government so the protections of the Bill of Rights do not apply to state government actions.
Answer: FALSE
Explanation: Although the literal language of the Bill of Rights refers only to federal government actions, the U.S. Supreme Court has applied the most important Bill of Rights guarantees to state government actions by “selectively incorporating” those guarantees into the Fourteenth Amendment’s due process protection.
Difficulty: 1 Easy
Topic: Criminal Procedure
Learning Objective: 05-05 Identify the major steps in a criminal prosecution.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
13) Owners of commercial property enjoy greater privacy expectations in their property for Fourth Amendment purposes than do owners of residential property.
Answer: FALSE
Explanation: The protection enjoyed by owners of residential property under the Fourth Amendment is far greater than that enjoyed by owners of commercial property. In O’Connor v. Ortega, the Supreme Court ruled that alleged violations of the Fourth Amendment in the realm of commercial property need to be studied on a case-by-case basis.
Difficulty: 3 Hard
Topic: Criminal Procedure
Learning Objective: 05-06 Describe the basic protections afforded by the Fourth, Fifth, and Sixth Amendments.
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
14) Officers may conduct a warrantless search of an individual at the time of an arrest.
Answer: TRUE
Explanation: Officers may conduct a warrantless search of an arrestee, the items in his/her possession and items within their control. This is called a search incident to lawful arrest and is used to protect an officer while also protecting potential evidence.
Difficulty: 1 Easy
Topic: Criminal Procedure
Learning Objective: 05-07 Describe major exceptions to the Fourth Amendment’s usual requirement that the government have a warrant before conducting a search.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
15) During a Terry stop, officers may not conduct a pat-down search of an individual without a warrant.
Answer: FALSE
Explanation: During a Terry stop, the Supreme Court has held that the Fourth Amendment permits officers to conduct a pat-down search of the detained person in order to determine if that individual is carrying a weapon that could endanger the officers.
Difficulty: 2 Medium
Topic: Criminal Procedure
Learning Objective: 05-07 Describe major exceptions to the Fourth Amendment’s usual requirement that the government have a warrant before conducting a search.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
16) Under the USA PATRIOT Act, the Foreign Intelligence Surveillance Act Court (FISA Court) may issue warrants of the “sneak and peek” variety.
Answer: TRUE
Explanation: The Foreign Intelligence Surveillance Court can issue the “sneak and peek” warrants where the FBI need not produce the warrant for the property owner or possessor to see and need not notify an absent property owner or possessor that the search took place.
Difficulty: 1 Easy
Topic: Criminal Procedure
Learning Objective: 05-08 Explain what the exclusionary rule is.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
17) The Fifth Amendment prevents the government from coercing a defendant into making incriminating statements and thereby assisting his own prosecution.
Answer: TRUE
Explanation: The Fifth Amendment protects against compelled testimonial self-incrimination by establishing that “[n]o person … shall be compelled in any criminal case to be a witness against himself.” This provision prevents the government from coercing a defendant into making incriminating statements and thereby assisting in his/her own prosecution.
Difficulty: 2 Medium
Topic: Criminal Procedure
Learning Objective: 05-09 List the components of the Miranda warnings and state when law enforcement officers must give those warnings.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
18) In Miranda v. Arizona, the United States Supreme Court mandated that police officers have to give suspects a warning about their rights.
Answer: TRUE
Explanation: In its decision in Miranda v. Arizona, the United States Supreme Court established procedural requirements to safeguard the Fifth Amendment by requiring police to inform criminal suspects of their rights prior to an interrogation.
Difficulty: 1 Easy
Topic: Criminal Procedure
Learning Objective: 05-09 List the components of the Miranda warnings and state when law enforcement officers must give those warnings.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
19) The Fifth Amendment guarantees indigent defendants the right to court-appointed counsel.
Answer: FALSE
Explanation: The Sixth Amendment has been interpreted to mean not only that the accused in a criminal case may employ his/her own attorney but also that an indigent criminal defendant is entitled to court-appointed counsel.
Difficulty: 1 Easy
Topic: Criminal Procedure
Learning Objective: 05-06 Describe the basic protections afforded by the Fourth, Fifth, and Sixth Amendments.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
20) Through the concept of agency, a corporation’s higher level corporate officials may be held criminally liable even in the absence of proof that they ordered the criminal acts.
Answer: TRUE
Explanation: It may be impossible to demonstrate that any higher-level corporate official had sufficient knowledge to constitute mens rea. Recognizing this problem, the federal courts have adopted a general rule that a corporation may be criminally liable for the actions of any of its agents, regardless of whether any link between the agents and higher level corporate officials can be demonstrated.
Difficulty: 2 Medium
Topic: White-Collar Crimes and the Dilemmas of Corporate Control
Learning Objective: 05-06 Describe the basic protections afforded by the Fourth, Fifth, and Sixth Amendments.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
21) A(n) ________ is a serious crime such as murder, sexual assault, arson, drug-dealing, or a theft or fraud offense of sufficient magnitude.
Answer: B
Explanation: A felony is a serious crime such as murder, sexual assault, arson, drug-dealing, or a theft or fraud offense of sufficient magnitude. Felonies are punishable by lengthy confinement of the convicted offender to a penitentiary, as well as by a fine.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
22) Quasi-criminal infractions:
Answer: D
Explanation: Depending on their seriousness and potential for harm to the public, traffic violations are classified either as misdemeanors or as less serious infractions. Really only quasi-criminal, infractions usually are punishable by fines but not by confinement in jail.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
23) ________ believe that prevention of socially undesirable behavior is the only proper purpose of criminal penalties.
Answer: A
Explanation: Persons accepting the utilitarian view believe that prevention of socially undesirable behavior is the only proper purpose of criminal penalties. This prevention goal includes three major components: deterrence, rehabilitation, and incapacitation.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
24) What is recidivism?
Answer: C
Explanation: Recidivism is the phenomenon of repeat offenses by previously punished offenders.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
25) ________ is the change in the attitudes or values of convicted offenders so that they are not inclined to commit future offenses.
Answer: B
Explanation: Rehabilitation of convicted offenders involves changing their attitudes or values so that they are not inclined to commit future offenses. It serves as a way to prevent undesirable behavior.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
26) ________ is effectively a conditional sentence that suspends the usual imprisonment and/or fine if the offender “toes the line” and meets other judicially imposed conditions for the period specified by the court.
Answer: A
Explanation: Probation is effectively a conditional sentence that suspends the usual imprisonment and/or fine if the offender “toes the line” and meets other judicially imposed conditions for the period specified by the court. It is sometimes granted to first-time offenders and other convicted defendants deemed suitable candidates by the court.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
27) According to the law, crimes are statutory offenses; this essentially means that:
Answer: B
Explanation: Crimes are statutory offenses. A given behavior is not a crime unless Congress or a state legislature has criminalized it.
Difficulty: 2 Medium
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between a felony and a misdemeanor.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
28) A defendant’s act must have been prohibited by statute at the time he/she committed it and the penalty imposed must be the one provided for at the time of his/her offense. This essentially indicates:
Answer: C
Explanation: The U.S. Constitution prohibits ex post facto criminal laws. This means that a defendant’s act must have been prohibited by statute at the time he/she committed it and that the penalty imposed must be the one provided for at the time of his/her offense.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
29) The First Amendment limits governmental power to enact and enforce criminal laws by prohibiting:
Answer: D
Explanation: By prohibiting laws that unreasonably restrict freedom of speech, the First Amendment plays a major role in limiting governmental power to enact and enforce criminal laws.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-02 Explain why the First Amendment may sometimes serve as a defense to criminal liability.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
30) Commercial speech receives which form of protection under the First Amendment?
Answer: A
Explanation: Commercial speech receives a less substantial First Amendment shield known as “intermediate” protection.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-02 Explain why the First Amendment may sometimes serve as a defense to criminal liability.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
31) The ________ Amendment forbids cruel and unusual punishments.
Answer: B
Explanation: The Eighth Amendment forbids cruel and unusual punishments. This prohibition furnishes, for example, the constitutional basis for judicial decisions establishing limits on imposition of the death penalty.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-03 Identify the constitutional provisions at issue when a criminal law is challenged as being excessively vague.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
32) The Equal Protection Clause is derived from which amendment to the U.S. Constitution?
Answer: B
Explanation: The Equal Protection Clause comes from the Fourteenth Amendment and prohibits criminal statutes that discriminatorily treat certain persons of the same class or arbitrarily discriminate among different classes of persons.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-03 Identify the constitutional provisions at issue when a criminal law is challenged as being excessively vague.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
33) The standard of proof in a criminal case is:
Answer: B
Explanation: Defendants in criminal cases are presumed innocent until proven guilty. The Due Process clause requires the government to overcome this presumption by proving beyond a reasonable doubt every element of the offense charged against the defendant.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-04 Identify the standard of proof that the government must meet in a criminal prosecution, as well as the constitutional sources of that requirement.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
34) Most serious crimes require mens rea, which is criminal:
Answer: C
Explanation: Most serious crimes require mens rea, or criminal intent, as an element. The level of fault required for a criminal violation depends on the wording of the relevant statute.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-04 Identify the standard of proof that the government must meet in a criminal prosecution, as well as the constitutional sources of that requirement.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
35) ________ means that the accused failed to perceive a substantial risk of harm that a reasonable person would have perceived.
Answer: D
Explanation: In the criminal context, negligence means that the accused failed to perceive a substantial risk of harm that a reasonable person would have perceived.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-04 Identify the standard of proof that the government must meet in a criminal prosecution, as well as the constitutional sources of that requirement.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
36) Although not a complete defense to criminal liability, ________ may diminish the degree of a defendant’s responsibility in a crime.
Answer: A
Explanation: Although intoxication is a not a complete defense to criminal liability, it may diminish the degree of a defendant’s responsibility.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-04 Identify the standard of proof that the government must meet in a criminal prosecution, as well as the constitutional sources of that requirement.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
37) Assume that a state, acting through the appropriate county prosecutor, plans to initiate a felony prosecution against Joe Beck. Further assume that the state is among those in which felony defendants may be charged by either of the two methods discussed in the text. Which of the following is an accurate statement?
Answer: D
Explanation: The prosecutor must provide sufficient details at the preliminary hearing of a felony case to prove that there is a probable case. If the magistrate is convinced so, he/she will bind over the defendant for trial in the appropriate court.
Difficulty: 3 Hard
Topic: Criminal Procedure
Learning Objective: 05-05 Identify the major steps in a criminal prosecution.
Bloom’s: Apply
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
38) What occurs during an arraignment of a criminal defendant?
Answer: A
Explanation: In an arraignment, the defendant is brought before the court, informed of the charges and asked to enter a plea.
Difficulty: 1 Easy
Topic: Criminal Procedure
Learning Objective: 05-05 Identify the major steps in a criminal prosecution.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
39) Which of the following serves essentially the same function as a magistrate’s probable cause determination?
Answer: C
Explanation: Indictment of an accused prior to a preliminary hearing normally eliminates the need for a preliminary hearing because the indictment serves essentially the same function as a magistrate’s probable cause determination.
Difficulty: 1 Easy
Topic: Criminal Procedure
Learning Objective: 05-05 Identify the major steps in a criminal prosecution.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
40) A(n) ________ is a formal charge signed by the prosecutor outlining the facts supporting the charges against the defendant.
Answer: C
Explanation: An information is a formal charge signed by the prosecutor outlining the facts supporting the charges against the defendant.
Difficulty: 1 Easy
Topic: Criminal Procedure
Learning Objective: 05-05 Identify the major steps in a criminal prosecution.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
41) The Fourth Amendment to the U.S. Constitution:
Answer: D
Explanation: The Fourth Amendment protects persons against arbitrary and unreasonable governmental violations of their privacy rights. Citizens are not protected against all searches and seizures. The Supreme Court has denied protection to places, items, or matters as to which it found no reasonable expectations of privacy, such as open fields, personal bank records, and voluntary conversations between government informants and criminal suspects or defendants.
Difficulty: 2 Medium
Topic: Criminal Procedure
Learning Objective: 05-06 Describe the basic protections afforded by the Fourth, Fifth, and Sixth Amendments.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
42) Which of the following would the United States Supreme Court deny there is a reasonable expectation of privacy for items in these locations?
Answer: D
Explanation: The Supreme Court has held that the Fourth Amendment’s protection extends to such places as a private dwelling, offices, and mail. The Court has denied protection to places, items, or matters as to which it found no reasonable expectations of privacy, such as open fields, personal bank records, and voluntary conversations between government informants and criminal suspects or defendants.
Difficulty: 2 Medium
Topic: Criminal Procedure
Learning Objective: 05-06 Describe the basic protections afforded by the Fourth, Fifth, and Sixth Amendments.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
43) Which of the following characterizes searches?
Answer: D
Explanation: Customs searches, stop-and-frisk searches for weapons, and administrative inspections of closely regulated businesses, are allowed even in the absence of a warrant.
Difficulty: 2 Medium
Topic: Criminal Procedure
Learning Objective: 05-07 Describe major exceptions to the Fourth Amendment’s usual requirement that the government have a warrant before conducting a search.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
44) Which United States Supreme Court case indicated that the search-incident-to-arrest doctrine does not permit a police officer from searching a smart phone of an individual who was arrested without a warrant?
Answer: A
Explanation: In Riley v. California, the Court held that the search-incident-to-arrest doctrine does not justify a search of an arrestee’s cellphone or smartphone and that a warrant is necessary in order for such a search to be reasonable for Fourth Amendment purposes.
Difficulty: 2 Medium
Topic: Criminal Procedure
Learning Objective: 05-07 Describe major exceptions to the Fourth Amendment’s usual requirement that the government have a warrant before conducting a search.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
45) What is the basic remedial device in cases of Fourth Amendment violations?
Answer: A
Explanation: The exclusionary rule serves as the basic remedial device in cases of Fourth Amendment violations. Under this judicially crafted rule, evidence seized in illegal searches cannot be used in a subsequent trial against an accused whose constitutional rights were violated.
Difficulty: 1 Easy
Topic: Criminal Procedure
Learning Objective: 05-08 Explain what the exclusionary rule is.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
46) When a court applies the exclusionary rule in a criminal case, it means that:
Answer: C
Explanation: Under the exclusionary rule, evidence seized in illegal searches cannot be used in a subsequent trial.
Difficulty: 2 Medium
Topic: Criminal Procedure
Learning Objective: 05-08 Explain what the exclusionary rule is.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
47) Assume that an applicable state statute makes it a crime for a private citizen to possess a machine gun. For approximately three weeks, Officer Roy Holt had probable cause to believe that Alex Hood, a private citizen, possessed an arsenal of machine guns in his apartment. Acting on this probable cause, but without a warrant, Holt knocked on the door of Hood’s apartment and asked Hood if he could come in to talk with him. Hood let Holt inside his apartment. Then, without Hood’s consent, Holt began searching the entire apartment. Holt found several machine guns in the bedroom closet. He arrested Hood for an alleged violation of the statute mentioned above. In a pretrial motion, Hood’s attorney asked that the court apply the exclusionary rule and suppress the evidence yielded by Holt’s search of Hood’s apartment. Should the evidence be suppressed?
Answer: B
Explanation: Under the exclusionary rule, evidence seized in illegal searches cannot be produced as evidence in a trial. Since Holt did not a have a lawful warrant or Hood’s consent to search the apartment, the prosecution cannot produce Holt’s findings as evidence in court.
Difficulty: 3 Hard
Topic: Criminal Procedure
Learning Objective: 05-08 Explain what the exclusionary rule is.
Bloom’s: Apply
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
48) When conducting an investigation of terrorism, federal authorities seek warrants from what court?
Answer: A
Explanation: The Patriot Act allows the federal government significantly expanded ability, in terrorism-related investigations, to conduct searches of property, monitor Internet activities, track electronic communications, and obtain records regarding customers of businesses. Most, though not all, actions of that nature require a warrant from a special court known as the Foreign Intelligence Surveillance Court.
Difficulty: 1 Easy
Topic: Criminal Procedure
Learning Objective: 05-08 Explain what the exclusionary rule is.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
49) Which of the following is a criticism of the USA Patriot Act?
Answer: D
Explanation: Commentators critical of the Patriot Act have argued that despite the importance of safeguarding the public against acts of terrorism, the statute tips the balance too heavily in favor of law enforcement.
Difficulty: 2 Medium
Topic: Criminal Procedure
Learning Objective: 05-08 Explain what the exclusionary rule is.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
50) Which of the following is true of the Foreign Intelligence Surveillance Act (FISA)?
Answer: D
Explanation: The Foreign Intelligence Surveillance Act (FISA) was enacted long before the USA PATRIOT Act, and has been amended various times both before and since. It has also been extensively used by the federal government to conduct surveillance activities. In 2008, a further amendment to FISA expanded the government’s ability to monitor the phone calls of suspected terrorists, established FISA’s requirement of warrants from the FISA Court as the exclusive way of exercising this surveillance power, and provided immunity from legal liability for telephone companies that had assisted the government in the phone call monitoring activities for which FISA Court warrants had not been obtained.
Difficulty: 2 Medium
Topic: Criminal Procedure
Learning Objective: 05-08 Explain what the exclusionary rule is.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
51) The ________ Amendment protects against compelled testimonial self-incrimination by establishing that “[n]o person … shall be compelled in any criminal case to be a witness against himself.”
Answer: A
Explanation: The Fifth Amendment protects against compelled testimonial self-incrimination by establishing that “[n]o person … shall be compelled in any criminal case to be a witness against himself.”
Difficulty: 1 Easy
Topic: Criminal Procedure
Learning Objective: 05-09 List the components of the Miranda warnings and state when law enforcement officers must give those warnings.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
52) Rachael was arrested by the police on suspicion of possession of a controlled substance. She was informed of her Miranda rights. Rachael waived her right to remain silent and confessed to the crime after a brief period of police interrogation. Her confession is:
Answer: A
Explanation: If the suspect knowingly and voluntarily waives her right to silence after having been given the Miranda warnings, her statements will be admissible.
Difficulty: 3 Hard
Topic: Criminal Procedure
Learning Objective: 05-09 List the components of the Miranda warnings and state when law enforcement officers must give those warnings.
Bloom’s: Apply
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
53) Which of the following is guaranteed by the Sixth Amendment?
Answer: B
Explanation: The Sixth Amendment entitles criminal defendants to a speedy trial by an impartial jury and guarantees them the right to confront and cross-examine the witnesses against them.
Difficulty: 1 Easy
Topic: Criminal Procedure
Learning Objective: 05-06 Describe the basic protections afforded by the Fourth, Fifth, and Sixth Amendments.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
54) Which of the following is true about the Fifth Amendment and the production of records?
Answer: D
Explanation: Various decisions allow the government to require business proprietors to keep certain records relevant to transactions that are appropriate subjects for government regulation. These “required records” are not entitled to private papers protection. They may be subpoenaed and used against the record keeper in prosecutions for regulatory violations.
Difficulty: 3 Hard
Topic: Criminal Procedure
Learning Objective: 05-06 Describe the basic protections afforded by the Fourth, Fifth, and Sixth Amendments.
Bloom’s: Apply
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
55) The Double Jeopardy Clause:
Answer: B
Explanation: The Double Jeopardy Clause prevents a second criminal prosecution for the same offense after the defendant has been acquitted or convicted of that offense. Moreover, it bars the imposition of multiple punishments for the same offense.
Difficulty: 2 Medium
Topic: Criminal Procedure
Learning Objective: 05-06 Describe the basic protections afforded by the Fourth, Fifth, and Sixth Amendments.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
56) “White-collar crime” is the term used to describe a wide variety of offenses committed by:
Answer: C
Explanation: White-collar crime is the term used to describe a wide variety of nonviolent criminal offenses committed by businesspersons and business organizations. This term includes offenses committed by employees against their employers, as well as corporate officers’ offenses that harm the corporation and its shareholders.
Difficulty: 1 Easy
Topic: White-Collar Crimes and the Dilemmas of Corporate Control
Learning Objective: 05-10 Identify the elements that the government must prove in a criminal RICO case and that a private plaintiff must prove in a civil RICO case.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
57) The expansion of corporate criminal liability in imputing the criminal intent of employees to the corporation falls under the scope of:
Answer: D
Explanation: Under the doctrine of respondeat superior, the criminal intent of the employee is imputed to the corporation. This makes corporations more accountable for actions by their employees.
Difficulty: 2 Medium
Topic: White-Collar Crimes and the Dilemmas of Corporate Control
Learning Objective: 05-10 Identify the elements that the government must prove in a criminal RICO case and that a private plaintiff must prove in a civil RICO case.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
58) Average Corp. was convicted of violating the federal mail fraud statute due to the activities of some of its employees, who had used the U.S. mail to perpetrate a fraudulent scheme designed to advance the otherwise legitimate business interests of Average. Average appealed, arguing that its conviction should be set aside because the employees in question were relatively minor officials of the company and were acting without the knowledge or consent of any high-level corporate officer. In addition, Average argues that the involved employees were acting in violation of a longstanding and well-known Average policy against fraudulent schemes. Should Average’s conviction be set aside?
Answer: B
Explanation: Under the modern rule, a corporation may be held liable for criminal offenses committed by employees who acted within the scope of their employment and for the benefit of the corporation.
Difficulty: 3 Hard
Topic: White-Collar Crimes and the Dilemmas of Corporate Control
Learning Objective: 05-10 Identify the elements that the government must prove in a criminal RICO case and that a private plaintiff must prove in a civil RICO case.
Bloom’s: Apply
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
59) Strict liability offenses:
Answer: A
Explanation: Strict liability offenses dispense with the requirement of proof of criminal intent but ordinarily require proof that the defendant committed some wrongful act.
Difficulty: 2 Medium
Topic: White-Collar Crimes and the Dilemmas of Corporate Control
Learning Objective: 05-10 Identify the elements that the government must prove in a criminal RICO case and that a private plaintiff must prove in a civil RICO case.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
60) Agreements under which corporations avoid formal criminal charges and trials in return for their agreement to pay monetary penalties and submit to outside monitoring of their activities are called:
Answer: D
Explanation: Under deferred prosecution agreements (DPAs), corporations avoid formal criminal charges and trials in return for their agreement to pay monetary penalties and submit to outside monitoring of their activities. They are seen as a means to encourage more responsible behavior from corporations.
Difficulty: 1 Easy
Topic: White-Collar Crimes and the Dilemmas of Corporate Control
Learning Objective: 05-10 Identify the elements that the government must prove in a criminal RICO case and that a private plaintiff must prove in a civil RICO case.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
61) Kathy was accused of securities fraud. During the government investigation, she destroyed relevant documents. Under the Sarbanes-Oxley Act of 2002, Kathy may:
Answer: C
Explanation: Under the Sarbanes-Oxley Act of 2002, the knowing alteration or destruction of documents or records with the intent to impede government investigations or proceedings leads to substantial fines and/or a maximum of 20 years of imprisonment.
Difficulty: 3 Hard
Topic: Important White-Collar Crimes
Learning Objective: 05-10 Identify the elements that the government must prove in a criminal RICO case and that a private plaintiff must prove in a civil RICO case.
Bloom’s: Apply
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
62) Which of the following is a provision of the Sarbanes-Oxley Act of 2002?
Answer: C
Explanation: Congress enacted the Sarbanes-Oxley Act in 2002. Among other things, it provides legal protections for employees who act as whistle-blowers regarding instances of fraud engaged in by their employers.
Difficulty: 1 Easy
Topic: Important White-Collar Crimes
Learning Objective: 05-10 Identify the elements that the government must prove in a criminal RICO case and that a private plaintiff must prove in a civil RICO case.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
63) The Racketeer Influenced and Corrupt Organizations Act’s (RICO’s) most controversial sections allow:
Answer: C
Explanation: The Racketeer Influenced and Corrupt Organizations Act’s (RICO’s) most controversial sections allow private individuals to recover treble damages and attorney’s fees for injuries caused by a statutory violation. To qualify for recovery under RICO, a plaintiff must prove that the defendant violated RICO’s provisions and that the plaintiff was “injured in his/her business or property by reason of” the RICO violation. A direct causation link must exist between the RICO violation and the harm experienced by the plaintiff.
Difficulty: 2 Medium
Topic: Important White-Collar Crimes
Learning Objective: 05-10 Identify the elements that the government must prove in a criminal RICO case and that a private plaintiff must prove in a civil RICO case.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
64) Which of the following characterizes the Computer Fraud and Abuse Act (CFAA)?
Answer: D
Explanation: The Computer Fraud and Abuse Act (CFAA) provides that criminal and civil liability may attach to one who transmits a program, information, code, or command knowingly, intentionally, and without authorization, if the act results in damage to a computer system used by the government or a financial institution or otherwise in interstate commerce.
Difficulty: 2 Medium
Topic: Computer Crime
Learning Objective: 05-11 Describe the major elements that must be proven in order to establish a violation of the Computer Fraud and Abuse Act.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
65) Criminal prosecutions are initiated by a:
Answer: B
Explanation: Criminal prosecutions are initiated by a prosecutor (an elected or appointed government employee) in the name of the state or the United States—whichever is appropriate.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
66) As a general rule, a(n) ________ is a crime punishable by death or by imprisonment.
Answer: D
Explanation: As a general rule, a felony is punishable by death or by imprisonment.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
67) A(n) ________ is any crime that is punishable neither by death nor by imprisonment.
Answer: B
Explanation: A misdemeanor is any crime that is punishable neither by death nor by imprisonment.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
68) Which of the following results when punishment of a wrongdoer deters others from committing similar offenses?
Answer: C
Explanation: General deterrence results when punishment of a wrongdoer deters other persons from committing similar offenses.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
69) Which of the following is the infliction of deserved suffering on violators of society’s most fundamental rules?
Answer: D
Explanation: Prevention is not the only asserted goal of the criminal sanction. Some persons see retribution—the infliction of deserved suffering on violators of society’s most fundamental rules—as the central focus of criminal punishment. Under this theory, punishment satisfies community and individual desires for revenge and reinforces important social values.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
70) When a court decides what sentence to impose, it normally places considerable reliance on the:
Answer: D
Explanation: In deciding whether to order probation or an appropriate sentence within the statutory range, the court normally places considerable reliance on information contained in a presentence investigation conducted by the state probation office.
Difficulty: 1 Easy
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between a felony and a misdemeanor.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
71) To convict a defendant of a crime, the government ordinarily must prove three elements. Which of the following is not one of those elements?
Answer: A
Explanation: To convict a defendant of a crime, the government ordinarily must (1) demonstrate that his alleged acts violated a criminal statute; (2) prove beyond a reasonable doubt that he committed those acts; and (3) prove that he had the capacity to form a criminal intent.
Difficulty: 2 Medium
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between a felony and a misdemeanor.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
72) As demonstrated in Sekhar v. United States, the case in the text, courts carefully scrutinize, and narrowly construe criminal statutes in an effort to:
Answer: A
Explanation: Courts carefully scrutinize, and narrowly construe, criminal statutes in an effort to make certain that they sweep in only those behaviors specifically prohibited by the relevant legislature. In Sekhar v. United States, the U.S. Supreme Court conducts such an examination of the Hobbs Act in order to determine whether the defendant’s actions constituted extortion in violation of that federal statute.
Difficulty: 2 Medium
Topic: Role of the Criminal Law
Learning Objective: 05-01 Describe the difference between a felony and a misdemeanor.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
73) Which of the following statements about the First Amendment is false?
Answer: D
Explanation: Although nonobscene expression carries First Amendment protection, Supreme Court decisions have allowed the government limited latitude to regulate indecent speech in order to protect minors from being exposed to such material. Indecent expression contains considerable sexual content but stops short of being obscene, often because of the presence of serious literary, artistic, political, or scientific value (for adults, at least).
Difficulty: 2 Medium
Topic: Role of the Criminal Law
Learning Objective: 05-02 Explain why the First Amendment may sometimes serve as a defense to criminal liability.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
74) In Shaw v. United States, the case in the text, the U.S. Supreme Court held that:
Answer: C
Explanation: The Court held that Shaw’s scheme to cheat Hsu was also a scheme to deprive the bank of certain bank property rights. As such, this was sufficient to satisfy the elements of the bank fraud statute.
Difficulty: 3 Hard
Topic: Role of the Criminal Law
Learning Objective: 05-04 Identify the standard of proof that the government must meet in a criminal prosecution, as well as the constitutional sources of that requirement.
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
75) Which of the following is an administrative procedure for recording the suspect’s arrest?
Answer: C
Explanation: Booking is an administrative procedure for recording the suspect’s arrest.
Difficulty: 1 Easy
Topic: Criminal Procedure
Learning Objective: 05-05 Identify the major steps in a criminal prosecution.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
76) In the case in the text, United States v. Jones, the court held that:
Answer: D
Explanation: The Court held that the government’s placement of a GPS device on a suspect’s vehicle constituted an unreasonable search that violated the Fourth Amendment’s prohibition against unreasonable search and seizures.
Difficulty: 3 Hard
Topic: Criminal Procedure
Learning Objective: 05-06 Describe the basic protections afforded by the Fourth, Fifth, and Sixth Amendments.
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
77) As demonstrated by United States v. SDI Future Health, Inc., the case in the text, a defendant must have ________ to challenge a search under the Fourth Amendment.
Answer: B
Explanation: As discussed in the case, a defendant must have legal standing to object to a search of his office, as well as of his home.
Difficulty: 2 Medium
Topic: Criminal Procedure
Learning Objective: 05-06 Describe the basic protections afforded by the Fourth, Fifth, and Sixth Amendments.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
78) As discussed in the case in the text, Berghuis v. Thompkins, a suspect ________ invoke his Miranda right to indicate that he wants to remain silent.
Answer: B
Explanation: In Berghuis v. Thompkins, the Supreme Court held that a suspect who wishes to invoke his Miranda right to remain silent must unambiguously invoke that right.
Difficulty: 2 Medium
Topic: Criminal Procedure
Learning Objective: 05-06 Describe the basic protections afforded by the Fourth, Fifth, and Sixth Amendments.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
79) Which of the following would not be considered to be a white-collar crime?
Answer: C
Explanation: White-collar crime is the term used to describe a wide variety of nonviolent criminal offenses committed by businesspersons and business organizations. This term includes offenses committed by employees against their employers, as well as corporate officers’ offenses that harm the corporation and its shareholders. It also includes criminal offenses committed by corporate employers and employees against society.
Difficulty: 2 Medium
Topic: White-Collar Crimes and the Dilemmas of Corporate Control
Learning Objective: 05-10 Identify the elements that the government must prove in a criminal RICO case and that a private plaintiff must prove in a civil RICO case.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
80) The case in the text, United States v. Anderson, discusses the three elements the government needs to prove to convict a defendant of conspiracy to commit wire fraud. Which of the following is not one of those elements?
Answer: C
Explanation: To prove a conspiracy to commit wire fraud, the government had to prove beyond a reasonable doubt that (1) two or more persons made an agreement to commit wire fraud; (2) that the defendant knew the unlawful purpose of the agreement; and (3) that the defendant joined in the agreement willfully, in other words, with the intent to further the unlawful purpose.
Difficulty: 3 Hard
Topic: Important White-Collar Crimes
Learning Objective: 05-10 Identify the elements that the government must prove in a criminal RICO case and that a private plaintiff must prove in a civil RICO case.
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
81) Which of the following was created in response to Enron’s highly publicized financial scandal and accounting controversy?
Answer: B
Explanation: In response to a series of highly publicized financial scandals and accounting controversies involving Enron, Arthur Andersen, Global Crossing, WorldCom, and other firms, Congress enacted the Sarbanes–Oxley Act of 2002.
Difficulty: 1 Easy
Topic: Important White-Collar Crimes
Learning Objective: 05-10 Identify the elements that the government must prove in a criminal RICO case and that a private plaintiff must prove in a civil RICO case.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
82) Which of the following criminalized the offering or giving of anything of value to officials of foreign governments in an attempt to influence their official actions?
Answer: B
Explanation: In 1977, Congress enacted the Foreign Corrupt Practices Act (FCPA), which criminalized the offering or giving of anything of value to officials of foreign governments in an attempt to influence their official actions.
Difficulty: 1 Easy
Topic: Important White-Collar Crimes
Learning Objective: 05-10 Identify the elements that the government must prove in a criminal RICO case and that a private plaintiff must prove in a civil RICO case.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
83) Which of the following is not a potential consequence of a criminal violation of the Racketeer Influenced and Corrupt Organizations Act (RICO)?
Answer: A
Explanation: Defendants found guilty of RICO violations are subject to substantial fines and/or imprisonment. In addition, RICO violators risk the forfeiture of any interest gained in any enterprise as a result of a violation, as well as forfeiture of property derived from the prohibited racketeering activity.
Difficulty: 2 Medium
Topic: Important White-Collar Crimes
Learning Objective: 05-10 Identify the elements that the government must prove in a criminal RICO case and that a private plaintiff must prove in a civil RICO case.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
84) The ________ allows the imposition of criminal and civil liability on one who “knowingly, and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value.”
Answer: D
Explanation: The federal Computer Fraud and Abuse Act (CFAA) allows the imposition of criminal and civil liability on one who “knowingly, and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value.”
Difficulty: 1 Easy
Topic: Computer Crime
Learning Objective: 05-11 Describe the major elements that must be proven in order to establish a violation of the Computer Fraud and Abuse Act.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
85) Which of the following statements about computer crime is true?
Answer: D
Explanation: The technical nature of computer crime complicates its detection and prosecution. Traditional criminal statutes have often proven inadequate because they tend not to address explicitly the types of crime associated with the use of computers.
Difficulty: 2 Medium
Topic: Computer Crime
Learning Objective: 05-11 Describe the major elements that must be proven in order to establish a violation of the Computer Fraud and Abuse Act.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
86) Officer Brenda Judd had a hunch that Beats, Inc., a retail seller of stereo equipment and related supplies, was involved in a drug-smuggling operation. In order to acquire evidence confirming her hunch, Judd posed as an ordinary consumer when she entered Beats’ store. She slipped out of the “public” part of the store and proceeded down a hall to an office with a closed door marked “Private. No Entry without Authorization from Manager.” She entered the office which was unoccupied, looked through files, and located documentary evidence indicating that Beats was indeed involved in an illegal operation. The evidence obtained by Judd furnished the primary basis for drug-smuggling and drug-dealing charges that are now pending against Beats. Beats filed a pretrial motion asking the court to suppress the evidence obtained by Judd in her search of the office. Should the evidence be suppressed? Why or why not?
Answer: The evidence obtained by Judd in her search of the office should be suppressed because the search violated the Fourth Amendment. The warrantless search was unreasonable and unconsented. Beats, Inc., had a reasonable expectation of privacy with regard to the office, in view of its location (away from the “public” part of the store) and the sign on the door. Store management’s consent to customers’ entry of the open-to-the-public portion of the business premises does not translate into consent to a law enforcement officer’s search of a private office controlled by store management.
Difficulty: 3 Hard
Topic: Criminal Procedure
Learning Objective: 05-06 Describe the basic protections afforded by the Fourth, Fifth, and Sixth Amendments.; 05-07 Describe major exceptions to the Fourth Amendment’s usual requirement that the government have a warrant before conducting a search.
Bloom’s: Apply
AACSB: Analytical Thinking
87) Since the exclusionary rule has often resulted in suppression of convincing evidence of crime, it has generated controversy. How has the Supreme Court dealt with this?
Answer: During the past three decades, the Supreme Court has responded to the criticism by rendering decisions that restrict the operation of the exclusionary rule. The Court has held that illegally obtained evidence may be introduced at trial if the prosecution convinces the trial judge that the evidence would inevitably have been obtained anyway by lawful means. The Court has also created a “good faith” exception to the exclusionary rule. This exception allows the use of evidence seized by police officers who acted pursuant to a search warrant later held invalid if the officers reasonably believed that the warrant was valid.
Difficulty: 2 Medium
Topic: Criminal Procedure
Learning Objective: 05-08 Explain what the exclusionary rule is.
Bloom’s: Understand
AACSB: Reflective Thinking
88) Nigel is the sole proprietor of a construction contracting business. As part of an investigation into bid-rigging allegations, a grand jury issued a subpoena directing Nigel to turn over various records relating to his sole proprietorship. Nigel voluntarily prepared the subpoenaed records. The government had long known that these records probably existed, but of course, did not know of their contents. Nigel resisted the subpoena on Fifth Amendment grounds, arguing that being forced to comply would violate his privilege against self-incrimination. Should Nigel be required to comply with the subpoena? Why or why not?
Answer: Nigel must comply with the subpoena. In United States v. Doe, the Supreme Court held that the privilege against self-incrimination does not protect the contents of a sole proprietor’s business records, which can be subpoenaed and used against him so long as they were voluntarily prepared. The Court also recognized in Doe that Fifth Amendment rights may be implicated if the act of producing such records would involve incriminating testimonial admissions. In this case, however, the act of producing the records would not appear to be sufficiently testimonial to be protected by the Fifth Amendment. The government had long known of the existence of the records. Therefore, Nigel’s being forced to provide them to the government would not be a testimonial act, unlike a situation in which the act of production would reveal the existence of records previously unknown to the government and thus would seem to demonstrate the record possessor’s access to the records and possible knowledge of their incriminating contents.
Difficulty: 3 Hard
Topic: Criminal Procedure
Learning Objective: 05-06 Describe the basic protections afforded by the Fourth, Fifth, and Sixth Amendments.
Bloom’s: Apply
AACSB: Analytical Thinking
89) Sal Conelli is the president and sole stockholder of Salco, Inc., a corporation engaged in the wholesale food supply business. Conelli has custody of Salco’s business records. A grand jury investigating possible criminal violations of health codes applicable to food products has served a subpoena demanding that certain Salco business records be made available. Conelli plans to resist the subpoena by arguing that compelling the production of the records would violate both his and Salco’s Fifth Amendment privileges against self-incrimination. Should Conelli succeed with this argument? Explain your reasoning.
Answer: Conelli should not succeed with this argument. Salco, Inc. is a corporation. It therefore does not have a Fifth Amendment privilege against self-incrimination. Conelli has no Fifth Amendment privilege to assert on these facts either. Because Salco has no privilege to prevent disclosure of the records, Conelli, as custodian of Salco records, cannot assert any personal privilege to prevent their disclosure even if the contents of the records would incriminate him personally.
Difficulty: 3 Hard
Topic: Criminal Procedure
Learning Objective: 05-09 List the components of the Miranda warnings and state when law enforcement officers must give those warnings.
Bloom’s: Apply
AACSB: Analytical Thinking
90) Leviathan Corp. filed a civil Racketeer Influenced and Corrupt Organizations Act (RICO) lawsuit against NBS Bros., an accounting firm. NBS asked the court to dismiss the case for two reasons: first, Leviathan did not allege, and cannot prove, that NBS is connected in any way with organized crime, as that term is customarily used; and second, Leviathan did not allege, and cannot prove, that NBS was criminally convicted of a predicate offense. Should NBS succeed with these arguments? Explain your reasoning.
Answer: NBS should not succeed with these arguments. Despite the reference to “Racketeer Influenced” in RICO’s title, the Supreme Court has concluded that the broad language of the statute is not restricted in application to settings involving mobsters and organized crime in the usual sense. As for NBS’s second argument, it too fails because the Supreme Court has held that the plaintiff in a civil RICO case is not required to prove that the defendant had been criminally convicted of a predicate offense. In 1995, Congress created an exception to this general rule by enacting a statute that required proof of a criminal conviction if the predicate offense was conduct that would have been actionable as securities fraud. Nothing in the facts of the question indicates that the conduct complained about in Leviathan’s lawsuit would have been securities fraud.
Difficulty: 3 Hard
Topic: Important White-Collar Crimes
Learning Objective: 05-10 Identify the elements that the government must prove in a criminal RICO case and that a private plaintiff must prove in a civil RICO case.
Bloom’s: Apply
AACSB: Analytical Thinking
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