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Exam 7: Crime and the Business Community

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Question 41

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[Party Business, Inc.] Lila, who is the president of Party Business, Inc., tells Isaiah that buying stock in Party Business, Inc. right now is a good idea. Isaiah is only casually acquainted with Lila and does not know that she is an officer of the corporation. He, however, acting on her information which he believes to be public knowledge, investigates the company somewhat and proceeds to buy some stock. Both Lila and Isaiah are charged with insider trading. -After trial, Lila is found guilty, however, she feels the proceedings against her were unfair. Which of the following, if true, could be a violation of Lila's Sixth Amendment rights?

A) The courtroom was not private.
B) Lila's attorney was expensive.
C) She had to listen to witnesses against her.
D) The court clerk read the charges against her.
E) She knew one of the jurors, Zoe, from high school, and Zoe always disliked her.

F) All of the above
G) D) and E)

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Question 42

Multiple Choice

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A person who illegally accesses or enters another person's or a company's computer system to obtain information or steal money is which of the following?

A) Backer
B) Reacher
C) Hacker
D) Trespasser
E) Illicit user

F) B) and E)
G) B) and C)

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Question 43

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White-collar crime is not punishable by imprisonment under our existing criminal laws.

Drake and Julie are discussing criminal law. Julie tells Drake that, ordinarily, law enforcement agents must demonstrate that there is probable cause that a suspect committed or is planning to commit a crime in order to obtain an arrest warrant. Is she correct?

When a defendant makes a first appearance, which of the following occurs?

Which of the following is punishable by imprisonment for more than one year or death?

Theodore violates the city's building code by not installing fire alarms on every floor. This is considered a(n) ________ which is usually punishable by a jail sentence of less than six months or a small fine.

Fajiha is a billing expert for a healthcare facility that treats individuals who are covered only by Medicare and not private health insurance. Fajiha learns that her employer is committing fraud against the government by filing false Medicare claims. Under which of the following might she obtain a portion of any recovery obtained by the government?

Dalynda threatens to tell Raul's boss that he is gambling on the company's time if he does not pay her $5,000. This is considered ________.

In a trial, if the judge reports that there is a "hung" jury, the judge simply means that:

Under the Sarbanes-Oxley Act, it is now a felony to willfully fail to maintain proper records of audits and work papers for at least ________ years.

[Green Gold] Miles owned a factory in which he manufactured furniture. Miles had some extra space in the factory and decided to use heat lamps to grow marijuana. He smuggled the marijuana into the hands of dealers by hollowing out the furniture and placing the marijuana inside. Law enforcement became suspicious and unexpectedly burst into the building without a warrant, discovering the marijuana. Miles asked the agent in charge about the lack of a warrant. The agent told him that Fourth Amendment protections did not extend to businesses. Miles was charged with growing marijuana. Miles refused to testify at trial. At his trial, however, the judge excluded any evidence obtained from the search, and Miles was declared not guilty because there was no evidence against him. The agent was very angry and arrested Miles immediately for the same offense as he was walking down the courthouse steps from the first trial. The agent tells Miles that he should be tried again because the judge was incorrect. Miles is placed in a holding cell and immediately calls his attorney in an attempt to get out of jail free. -In refusing to testify at trial, Miles relied upon which amendment?

If a defendant enters a plea in which they do not admit guilt but agrees not to contest the charges further, this is known as:

[Green Gold] Miles owned a factory in which he manufactured furniture. Miles had some extra space in the factory and decided to use heat lamps to grow marijuana. He smuggled the marijuana into the hands of dealers by hollowing out the furniture and placing the marijuana inside. Law enforcement became suspicious and unexpectedly burst into the building without a warrant, discovering the marijuana. Miles asked the agent in charge about the lack of a warrant. The agent told him that Fourth Amendment protections did not extend to businesses. Miles was charged with growing marijuana. Miles refused to testify at trial. At his trial, however, the judge excluded any evidence obtained from the search, and Miles was declared not guilty because there was no evidence against him. The agent was very angry and arrested Miles immediately for the same offense as he was walking down the courthouse steps from the first trial. The agent tells Miles that he should be tried again because the judge was incorrect. Miles is placed in a holding cell and immediately calls his attorney in an attempt to get out of jail free. -Which of the following is correct regarding Fourth Amendment protections for businesses and the necessity of a search warrant prior to a search of a business?

[Green Gold] Miles owned a factory in which he manufactured furniture. Miles had some extra space in the factory and decided to use heat lamps to grow marijuana. He smuggled the marijuana into the hands of dealers by hollowing out the furniture and placing the marijuana inside. Law enforcement became suspicious and unexpectedly burst into the building without a warrant, discovering the marijuana. Miles asked the agent in charge about the lack of a warrant. The agent told him that Fourth Amendment protections did not extend to businesses. Miles was charged with growing marijuana. Miles refused to testify at trial. At his trial, however, the judge excluded any evidence obtained from the search, and Miles was declared not guilty because there was no evidence against him. The agent was very angry and arrested Miles immediately for the same offense as he was walking down the courthouse steps from the first trial. The agent tells Miles that he should be tried again because the judge was incorrect. Miles is placed in a holding cell and immediately calls his attorney in an attempt to get out of jail free. -When Miles was found not guilty, and the agent immediately arrested Miles again, the agent's actions would be found unconstitutional under ________.

Which of the following is true regarding an arrest without a warrant?

The primary purpose of criminal law is to punish an offender for causing harm to the public health, safety, or morals.

A defendant can use the ________ defense if the idea for a crime originated not with the defendant but with a police officer or other government official who suggested it to the defendant, and the defendant would not otherwise have committed the crime.

In Berghuis v. Thompkins, the majority of the U.S. Supreme Court ruled that absent an explicit invocation of the right to remain silent, police may continue to interrogate a suspect, and what the suspect says may be used against him in court.

A corporation cannot be considered a criminal under common law when mens rea is required because it is not an actual person and, thus, does not have a mind.