Chap 005

Chapter 05
Criminal Law and Procedure
True / False Questions
1. Special deterrence results when punishment of a wrongdoer deters other persons

from committing similar offenses.
True False
2. When Congress created the U.S. Sentencing Commission and charged it with
creating Sentencing Guidelines, Congress sought (among other things) to
decrease the discretion of judges in making sentencing decisions.
True False
3. When a judge's sentencing decision is challenged on appeal, the governing

standard will be one of reasonableness.
True False
4. The U.S. Constitution allows ex post facto criminal laws.
True False
5. Obscene noncommercial expressions receive no First Amendment protection.
True False
6. The Eighth Amendment forbids cruel and unusual punishments.
True False
7. Voluntary intoxication usually serves as a complete defense to criminal liability.
True False
8. At a preliminary hearing in a felony case, the government must prove its case by
the "beyond a reasonable doubt" standard.
True False
9. Although a nolo contendere plea may lead to a judicial determination of guilt, it is

inadmissible in later civil cases against the defendant based on the same conduct
amounting to the criminal violation.
True False
10. Owners of commercial property enjoy greater privacy expectations in their
property for Fourth Amendment purposes than do owners of residential property.
True False
11. As a general rule, the Court has held that searches carried out without a proper
warrant are unreasonable.
True False
12. Under the USA PATRIOT Act, the Foreign Intelligence Surveillance Court may issue
warrants of the "sneak and peek" variety.
True False
13. A defendant's constitutional right to be free from compelled testimonial self-

incrimination not only bars the prosecution from calling him/her as a witness at
the trial of a criminal case against him/her, but also bars the plaintiff from calling
him/her as a witness at the trial of a civil case against him/her.
True False
14. The Fifth Amendment guarantees indigent defendants the right to court-
appointed counsel.
True False
15. Corporations may be held criminally liable even in the absence of proof that high
corporate officers ordered or acquiesced in the offense charged.
True False
Multiple Choice Questions
16. A(n) _____ is a serious crime such as murder, sexual assault, arson, drug-dealing, or
a theft or fraud offense of sufficient magnitude.
A. misdemeanor
B. felony
C. tort
D. infraction
17. Infractions:
A. involve significant moral culpability on the offender's part.
B. are not punishable by fines.
C. are a serious crime.
D. are not punishable by confinement in jail.

18. _____ believe that prevention of socially undesirable behavior is the only proper
purpose of criminal penalties.
A. Utilitarians
B. Ethical pragmatists
C. Virtue ethicists
D. Deontologists
19. What is recidivism?
A. A special theory of deterrence.
B. A quasi-criminal offense punished by light fines.
C. Repeat offenses by previously punished offenders.
D. Attempts to change the behavior of convicted offenders.
20. _____ is the change in the attitudes or values of convicted offenders so that they
are not inclined to commit future offenses.
A. Recidivism
B. Rehabilitation
C. Retribution
D. Probation
21. _____ 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.
A. Probation
B. Retribution
C. Prevention
D. Rehabilitation
22. According to the law, crimes are statutory offenses; this essentially means that:
A. it must be proved that the crime is dangerous or detrimental to society.
B. a behavior is not a crime unless a state legislature has criminalized it.
C. the prevention of crime should include deterrence and rehabilitation.
D. courts may assess punitive damages in order to punish the wrongdoer.
23. 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:
A. encouragement of deterrence laws.
B. the presence of nulla poena sine lege laws.
C. prohibition of ex post facto criminal laws.
D. the presence of retributive justice.

24. The First Amendment limits governmental power to enact and enforce criminal
laws by prohibiting:
A. warrantless searches.
B. arbitrary discrimination among different classes of people.
C. cruel and unusual punishments.
D. laws that restrict freedom of speech.
25. The ____ Amendment forbids cruel and unusual punishments.
A. First
B. Eighth
C. Fourteenth
D. Fifteenth
26. The standard of proof in a criminal case is:
A. proof by a preponderance of the evidence.
B. proof beyond a reasonable doubt.
C. proof that is "more likely than not."
D. proof beyond the presumption of innocence.

27. Most serious crimes require mens rea, or criminal:
A. behavior.
B. violation.
C. intent.
D. prosecution.
28. _____ means that the accused failed to perceive a substantial risk of harm that a
reasonable person would have perceived.
A. Duress
B. Recklessness
C. Exculpation
D. Negligence
29. Although not a complete defense to criminal liability, _____ may diminish the
degree of a defendant's responsibility in a crime.
A. voluntary intoxication
B. premeditation
C. infancy
D. insanity
30. 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?
A. If a preliminary hearing is held and the judge conducting it concludes that there
is probable cause to believe that Beck committed the charged felony, the judge
(who presided over the preliminary hearing) will find Beck guilty and sentence
him accordingly.
B. If the prosecutor decides to follow the information route to initiating the felony
prosecution, Beck is entitled to insist that a grand jury be convened to
determine whether he should be prosecuted by the state.
C. If a preliminary hearing is held, the state must prove Beck's guilt beyond a
reasonable doubt in order to carry its burden of proof at the preliminary
hearing stage.
D. If a preliminary hearing is held and the magistrate conducting it concludes that

there is probable cause to believe that Beck committed the charged felony, the
magistrate binds over the defendant for trial in the appropriate court.
31. Which of the following pretrial steps occurs nearest in time to the trial in a felony
prosecution?
A. Booking
B. Arraignment
C. Indictment
D. Information
32. Which of the following serves essentially the same function as a magistrate's
probable cause determination?
A. Arraignment
B. Special deterrence
C. Indictment
D. Incapacitation
33. A(n) _____ is a formal charge signed by the prosecutor outlining the facts
supporting the charges against the defendant.
A. booking
B. indictment
C. information
D. arraignment
34. The Fourth Amendment to the U.S. Constitution:
A. protects persons against all searches and seizures.
B. provides protection to places or items as to which the Court found no

reasonable expectations of privacy such as open fields and personal bank
records.
C. provides protection to matters such as voluntary conversations between

criminal defendants and government informants.
D. protects persons against arbitrary and unreasonable governmental violations of

their privacy rights.
35. Which of the following characterizes searches?
A. It is covered by the Fourteenth Amendment.
B. Warrants are not required for a search on private property.
C. Consensual searches without warrants violate the Fourth Amendment.
D. Customs searches are valid without a warrant.
36. What is the basic remedial device in cases of Fourth Amendment violations?
A. Exclusionary rule
B. Due process clause
C. Habeas corpus
D. Counterclaim
37. When a court applies the exclusionary rule in a criminal case, it means that:
A. the case will be dismissed.
B. the defendant will be convicted.
C. the evidence will not be admitted at trial.
D. an arraignment will not take place.

38. 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 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 to him. Hood let Holt in. 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 has 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?
A. No, because Holt had probable cause to believe that Hood had the machine
guns in his apartment.
B. Yes, because the unconsented search did not fall within the exceptions to the
general rule that warrantless searches are unreasonable.
C. No, because Hood voluntarily allowed Holt to enter the apartment and because
the machine guns were in plain view in the closet.
D. Yes, because the search, though warrantless, was conducted by an officer who
was acting to further the public's safety.
39. Which of the following is a characteristic of the USA PATRIOT Act?
A. Warrants are more sweeping in terms of geographical application.
B. It subverts the Fourth Amendment Act and other constitutional rights.
C. Most of its clauses have not been renewed due to widespread criticism.
D. It puts law enforcement agencies at a disadvantage.
40. Which of the following is a criticism of the USA PATRIOT Act?
A. It covers a narrow range of activities associated with terrorism.
B. It does not permit warrants for "roving" wiretaps.
C. It delays the sanctioning of search warrants.
D. It gives undue freedom to law enforcement agencies.
41. Which of the following is true of the Foreign Intelligence Surveillance Act (FISA)?
A. It was enacted as a result of the USA PATRIOT Act.
B. It has not been amended after its enactment.
C. It prohibits surveillance or monitoring without a warrant.
D. It has expanded the government's ability to monitor the phone calls of

suspected terrorists.
42. 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."
A. Fifth
B. Fourth
C. Sixth
D. Eighth
43. 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:
A. admissible, according to Supreme Court precedent.
B. inadmissible because it was obtained in violation of her Fourth Amendment

rights.
C. admissible, according to the "search incident to a lawful arrest" exception to

Miranda.
D. inadmissible because it was obtained in violation of her Fifth Amendment

rights.
44. Which of the following is guaranteed by the Sixth Amendment?
A. The right to remain silent
B. The right to a speedy trial by an impartial jury
C. The right to refuse custodial interrogation
D. The right to refuse unreasonable searches
45. Which of the following is true about the Fifth Amendment and the production of
records?
A. It would allow a Bogus, Inc., officer who has custody of Bogus records to resist
a subpoena demanding production of those records if the contents of the
records could incriminate that officer personally.
B. It would prevent a sole proprietor from being compelled to produce his/her

business records if the act of producing such records was not testimonial in
nature.
C. It may be asserted by a corporation, partnership, or other collective entity on

the same basis that an individual human being could assert it.
D. It does not protect "required records" from being subpoenaed and used
against the record keeper in criminal prosecutions.
46. The Double Jeopardy Clause:
A. establishes that a person cannot be prosecuted by the state for a state crime
after being acquitted of a federal crime, if the two alleged crimes involved
essentially the same facts.
B. protects criminal defendants from having to undergo more than one

prosecution by the same sovereign for the same criminal offense.
C. establishes that a single criminal act with multiple victims cannot result in more
than one criminal prosecution.
D. bars a private plaintiff from pursuing a civil case against the defendant who was
criminally prosecuted for the same alleged conduct.
47. "White-collar crime" is the term used to describe a wide variety of offenses
committed by:
A. the average working class.
B. poor Americans.
C. businesspersons.
D. juveniles.
48. The expansion of corporate criminal liability in imputing the criminal intent of
employees to the corporation falls under the scope of:
A. mens rea.
B. presumption of innocence.
C. Double Jeopardy.
D. respondeat superior.
49. 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 has 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?
A. Yes, because Average could not have had the necessary mens rea.
B. No, because the involved employees were acting within the scope of their
employment and for the benefit of Average.
C. No, because nothing in the facts indicates that Average should qualify for the
protection of the due diligence defense recognized by most courts.
D. Yes, because high-level corporate officers must be involved—and they were

not involved here—in order for criminal intent to be imputed to the
corporation.
50. Strict liability offenses:
A. dispense with the requirement of proof of any criminal intent on the part of the
defendant.
B. are so classified because the punishments imposed on violators are especially

harsh in comparison to the punishments for other criminal offenses.
C. impose liability on a defendant for the act of another party.
D. are commonly criticized on the ground that a person may not be convicted of
such an offense without being shown to have committed a wrongful act.
51. 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:
A. non-prosecution agreements.
B. plea agreements.
C. deferred guaranty agreements.
D. deferred prosecution agreements.

52. Kathy was accused of securities fraud. During the government investigation, she
destroyed relevant documents. Under the Sarbanes-Oxley Act of 2002, Kathy
may:
A. be civilly but not criminally liable for the destruction of documents.
B. face fines but not prison for the destruction of documents.
C. face fines and/or a maximum of 20 years in prison.
D. be considered a "whistleblower."
53. Which of the following is a provision of the Sarbanes-Oxley Act of 2002?
A. It imposed a maximum of 15 years of imprisonment as punishment for the

destruction of documents.
B. It decreased the maximum term of imprisonment for mail fraud and wire fraud
to 15 years.
C. It provided legal protection for corporate employees who act as whistleblowers.
D. It shortened the statute of limitations period within which certain securities

fraud cases may be filed.
54. The Racketeer Influenced and Corrupt Organizations Act's (RICO's) most
controversial sections allow:
A. federal prosecutors to seek pretrial orders freezing a defendant's assets.
B. the government to seek injunctions against future racketeering activities.
C. private individuals to recover treble damages for a statutory violation.
D. government intervention in white-collar crimes.
55. Which of the following characterizes the Computer Fraud and Abuse Act (CFAA)?
A. It is a statute enacted by a state legislature.
B. It imposes only civil liabilities in fraud cases.
C. It imposes only criminal liabilities in fraud cases.
D. It imposes liabilities in cases concerning interstate commerce.
Essay Questions
56. Police detective 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 the Beats store. She slipped out of the "public" part
of the store and proceeded down a hall to an office whose closed door was
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 has 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?
57. 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?
58. 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 had
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?
59. 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.
60. Leviathan Corp. has filed a civil Racketeer Influenced and Corrupt Organizations
Act (RICO) lawsuit against NBS Bros., an accounting firm. NBS has 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.
Chapter 05 Criminal Law and Procedure Answer Key
True / False Questions
1. Special deterrence results when punishment of a wrongdoer deters other

persons from committing similar offenses.
FALSE
Special deterrence results when the punishment of an offender deters him/her

from committing similar offenses.
AACSB: Ethics
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 05-01 Describe the difference between a felony and a misdemeanor.
Topic: Role of the Criminal
2. When Congress created the U.S. Sentencing Commission and charged it with
creating Sentencing Guidelines, Congress sought (among other things) to
decrease the discretion of judges in making sentencing decisions.
TRUE
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.
Refer: Figure 1
AACSB: Ethics
Blooms: Remember
Difficulty: 2 Medium
3. When a judge's sentencing decision is challenged on appeal, the governing

standard will be one of reasonableness.
TRUE
In the 2005 United States v. Booker case, the Supreme Court stated that in the
case of a judge's sentencing decision being challenged on appeal, the
governing standard will be one of reasonableness.
AACSB: Analytic
AACSB: Ethics
Blooms: Understand
4. The U.S. Constitution allows ex post facto criminal laws.
FALSE
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.
AACSB: Ethics
Blooms: Remember
Difficulty: 1 Easy
5. Obscene noncommercial expressions receive no First Amendment protection.
TRUE
The Supreme Court has established that obscene expressions receive no First
Amendment protection.
AACSB: Analytic
AACSB: Ethics
Blooms: Remember
Learning Objective: 05-02 Explain why the First Amendment may sometimes serve as a defense to criminal liability.
6. The Eighth Amendment forbids cruel and unusual punishments.
TRUE
The Constitution limits the type of punishment imposed on convicted offenders.

The Eighth Amendment forbids cruel and unusual punishments.
AACSB: Ethics
Blooms: Remember
Learning Objective: 05-03 Identify the constitutional provisions at issue when a criminal law is challenged as being excessively
vague.
7. Voluntary intoxication usually serves as a complete defense to criminal liability.
FALSE
Voluntary intoxication does not serve as a complete defense to criminal liability

although it may decrease the degree of a defendant's responsibility.
AACSB: Ethics
Blooms: Remember
Difficulty: 1 Easy
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.
8. At a preliminary hearing in a felony case, the government must prove its case
by the "beyond a reasonable doubt" standard.
FALSE
At a preliminary hearing, the prosecutor must provide enough evidence to

prove that there is a probable case to believe the accused committed a felony.
AACSB: Ethics
Blooms: Remember
Learning Objective: 05-05 Identify the major steps in a criminal prosecution.
Topic: Criminal Procedure
9. Although a nolo contendere plea may lead to a judicial determination of guilt, it

is inadmissible in later civil cases against the defendant based on the same
conduct amounting to the criminal violation.
TRUE
Although a nolo contendere plea leads to a finding of guilt, it is inadmissible in

later civil against that defendant based on the same conduct amounting to the
criminal violation.
AACSB: Ethics
Blooms: Remember
10. Owners of commercial property enjoy greater privacy expectations in their
property for Fourth Amendment purposes than do owners of residential
property.
FALSE
The protection enjoyed by owners of residential property under the Fourth

Amendment is far greater than that enjoyed by owners of commercial property.
Many judicial decisions reflect the idea that alleged violations of the Fourth
Amendment in the realm of commercial property need to be studied on a case-
to-case basis.
AACSB: Analytic
AACSB: Ethics
Blooms: Understand
Learning Objective: 05-06 Describe the basic protections afforded by the Fourth; Fifth; and Sixth Amendments.
11. As a general rule, the Court has held that searches carried out without a proper
TRUE
As a general rule, the Court has held that searches carried out without a proper
AACSB: Ethics
Blooms: Remember
Learning Objective: 05-07 Describe major exceptions to the Fourth Amendment's usual requirement that the government have a
warrant before conducting a search.
12. Under the USA PATRIOT Act, the Foreign Intelligence Surveillance Court may
issue warrants of the "sneak and peek" variety.
TRUE
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.
AACSB: Ethics
Blooms: Remember
Difficulty: 1 Easy
Learning Objective: 05-08 Explain what the exclusionary rule is.
13. A defendant's constitutional right to be free from compelled testimonial self-
incrimination not only bars the prosecution from calling him/her as a witness at
the trial of a criminal case against him/her, but also bars the plaintiff from
calling him/her as a witness at the trial of a civil case against him/her.
FALSE
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.
AACSB: Analytic
AACSB: Ethics
Blooms: Understand
Learning Objective: 05-09 List the components of the Miranda warnings and state when law enforcement officers must give
those warnings.
14. The Fifth Amendment guarantees indigent defendants the right to court-
appointed counsel.
FALSE
The Sixth Amendment provision 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.
AACSB: Ethics
Blooms: Remember
15. Corporations may be held criminally liable even in the absence of proof that
high corporate officers ordered or acquiesced in the offense charged.
TRUE
Recognizing the problem that it may be impossible to prove that any higher
level corporate official was involved in corporate offenses, the courts generally
follow this rule.
AACSB: Analytic
AACSB: Ethics
Blooms: Understand
Topic: White-Collar Crimes and the Dilemmas of Corporate Control
Multiple Choice Questions
16. A(n) _____ is a serious crime such as murder, sexual assault, arson, drug-dealing,
or a theft or fraud offense of sufficient magnitude.
A. misdemeanor
B. felony
C. tort
D. infraction
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.
AACSB: Ethics
Blooms: Remember
Difficulty: 1 Easy
17. Infractions:
A. involve significant moral culpability on the offender's part.
B. are not punishable by fines.
C. are a serious crime.
D. are not punishable by confinement in jail.
Generally considered only quasi-criminal, infractions usually are punishable by

fines but not by confinement in jail.
AACSB: Analytic
AACSB: Ethics
Blooms: Remember
18. _____ believe that prevention of socially undesirable behavior is the only proper
purpose of criminal penalties.
A. Utilitarians
B. Ethical pragmatists
C. Virtue ethicists
D. Deontologists
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.
AACSB: Ethics
Blooms: Remember
Difficulty: 1 Easy
19. What is recidivism?
A. A special theory of deterrence.
B. A quasi-criminal offense punished by light fines.
C. Repeat offenses by previously punished offenders.
D. Attempts to change the behavior of convicted offenders.
Recidivism is the phenomenon of repeat offenses by previously punished

offenders.
AACSB: Ethics
Blooms: Remember
20. _____ is the change in the attitudes or values of convicted offenders so that they
are not inclined to commit future offenses.
A. Recidivism
B. Rehabilitation
C. Retribution
D. Probation
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 future offenses.
AACSB: Ethics
Blooms: Remember
Difficulty: 1 Easy
21. _____ 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.
A. Probation
B. Retribution
C. Prevention
D. Rehabilitation
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.
AACSB: Ethics
Blooms: Remember
22. According to the law, crimes are statutory offenses; this essentially means that:
A. it must be proved that the crime is dangerous or detrimental to society.
B. a behavior is not a crime unless a state legislature has criminalized it.
C. the prevention of crime should include deterrence and rehabilitation.
D. courts may assess punitive damages in order to punish the wrongdoer.
Crimes are statutory offenses. A given behavior is not a crime unless Congress
or a state legislature has criminalized it.
AACSB: Analytic
AACSB: Ethics
Blooms: Remember
23. 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:
A. encouragement of deterrence laws.
B. the presence of nulla poena sine lege laws.
C. prohibition of ex post facto criminal laws.
D. the presence of retributive justice.
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.
AACSB: Analytic
AACSB: Ethics
Blooms: Remember
24. The First Amendment limits governmental power to enact and enforce criminal
laws by prohibiting:
A. warrantless searches.
B. arbitrary discrimination among different classes of people.
C. cruel and unusual punishments.
D. laws that restrict freedom of speech.
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.
AACSB: Analytic
AACSB: Ethics
Blooms: Remember
Learning Objective: 05-02 Explain why the First Amendment may sometimes serve as a defense to criminal liability.
25. The ____ Amendment forbids cruel and unusual punishments.
A. First
B. Eighth
C. Fourteenth
D. Fifteenth
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.
AACSB: Ethics
Blooms: Remember
Learning Objective: 05-03 Identify the constitutional provisions at issue when a criminal law is challenged as being excessively
vague.
26. The standard of proof in a criminal case is:
A. proof by a preponderance of the evidence.
B. proof beyond a reasonable doubt.
C. proof that is "more likely than not."
D. proof beyond the presumption of innocence.
Defendants in criminal cases are presumed innocent until proven guilty. The
Due Process Clauses require the government to overcome this presumption by
proving beyond a reasonable doubt every element of the offense charged
against the defendant.
AACSB: Analytic
AACSB: Ethics
Blooms: Remember
27. Most serious crimes require mens rea, or criminal:
A. behavior.
B. violation.
C. intent.
D. prosecution.
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.
AACSB: Ethics
Blooms: Remember
Difficulty: 1 Easy
28. _____ means that the accused failed to perceive a substantial risk of harm that a
reasonable person would have perceived.
A. Duress
B. Recklessness
C. Exculpation
D. Negligence
In the criminal context, recklessness generally means that the accused

consciously disregarded a substantial risk that the harm prohibited by the
statute would result from his/her actions. Negligence means that the accused
failed to perceive a substantial risk of harm that a reasonable person would
have perceived.
AACSB: Ethics
Blooms: Remember
Difficulty: 1 Easy
29. Although not a complete defense to criminal liability, _____ may diminish the
degree of a defendant's responsibility in a crime.
A. voluntary intoxication
B. premeditation
C. infancy
D. insanity
Although intoxication is a not a complete defense to criminal liability, it may

diminish the degree of a defendant's responsibility.
AACSB: Analytic
AACSB: Ethics
Blooms: Remember
30. 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?
A. If a preliminary hearing is held and the judge conducting it concludes that

there is probable cause to believe that Beck committed the charged felony,
the judge (who presided over the preliminary hearing) will find Beck guilty
and sentence him accordingly.
B. If the prosecutor decides to follow the information route to initiating the

felony prosecution, Beck is entitled to insist that a grand jury be convened to
determine whether he should be prosecuted by the state.
C. If a preliminary hearing is held, the state must prove Beck's guilt beyond a
reasonable doubt in order to carry its burden of proof at the preliminary
hearing stage.
D. If a preliminary hearing is held and the magistrate conducting it concludes

that there is probable cause to believe that Beck committed the charged
felony, the magistrate binds over the defendant for trial in the appropriate
court.
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.
AACSB: Ethics
AACSB: Reflective Thinking
Blooms: Apply
Difficulty: 3 Hard
31. Which of the following pretrial steps occurs nearest in time to the trial in a
felony prosecution?
A. Booking
B. Arraignment
C. Indictment
D. Information
At or shortly after an arraignment occurs, the defendant who pleads not guilty
in a felony prosecution, chooses the type of trial that will take place.
AACSB: Analytic
AACSB: Ethics
Blooms: Remember
32. Which of the following serves essentially the same function as a magistrate's
probable cause determination?
A. Arraignment
B. Special deterrence
C. Indictment
D. Incapacitation
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.
AACSB: Analytic
AACSB: Ethics
Blooms: Remember
Difficulty: 1 Easy
33. A(n) _____ is a formal charge signed by the prosecutor outlining the facts
A. booking
B. indictment
C. information
D. arraignment
An information is a formal charge signed by the prosecutor outlining the facts

AACSB: Ethics
Blooms: Remember
Difficulty: 1 Easy
34. The Fourth Amendment to the U.S. Constitution:
A. protects persons against all searches and seizures.
B. provides protection to places or items as to which the Court found no

reasonable expectations of privacy such as open fields and personal bank
records.
C. provides protection to matters such as voluntary conversations between

criminal defendants and government informants.
D. protects persons against arbitrary and unreasonable governmental violations

of their privacy rights.
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 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 criminal defendants and government informants.
AACSB: Ethics
Blooms: Understand
Difficulty: 3 Hard
35. Which of the following characterizes searches?
A. It is covered by the Fourteenth Amendment.
B. Warrants are not required for a search on private property.
C. Consensual searches without warrants violate the Fourth Amendment.
D. Customs searches are valid without a warrant.
Customs searches, stop-and-frisk searches for weapons, and administrative

inspections of closely regulated businesses, are allowed even in the absence of
a warrant.
AACSB: Ethics
Blooms: Understand
Difficulty: 3 Hard
36. What is the basic remedial device in cases of Fourth Amendment violations?
A. Exclusionary rule
B. Due process clause
C. Habeas corpus
D. Counterclaim
The exclusionary rule serves as the basic remedial device in cases of Fourth
Amendment violations. Under this rule, evidence seized in illegal searches
cannot be used in a subsequent trial against an accused whose constitutional
rights were violated.
AACSB: Analytic
AACSB: Ethics
Blooms: Remember
37. When a court applies the exclusionary rule in a criminal case, it means that:
A. the case will be dismissed.
B. the defendant will be convicted.
C. the evidence will not be admitted at trial.
D. an arraignment will not take place.
Under the exclusionary rule, evidence seized in illegal searches cannot be used
in a subsequent trial.
AACSB: Analytic
AACSB: Ethics
Blooms: Remember
38. 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
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 to him. Hood let Holt in. 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 has 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?
A. No, because Holt had probable cause to believe that Hood had the machine
guns in his apartment.
B. Yes, because the unconsented search did not fall within the exceptions to
the general rule that warrantless searches are unreasonable.
C. No, because Hood voluntarily allowed Holt to enter the apartment and
because the machine guns were in plain view in the closet.
D. Yes, because the search, though warrantless, was conducted by an officer

who was acting to further the public's safety.
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 to
search Hood's apartment, the prosecution cannot produce their findings as
evidence in court.
AACSB: Ethics
Blooms: Apply
Difficulty: 3 Hard
39. Which of the following is a characteristic of the USA PATRIOT Act?
A. Warrants are more sweeping in terms of geographical application.
B. It subverts the Fourth Amendment Act and other constitutional rights.
C. Most of its clauses have not been renewed due to widespread criticism.
D. It puts law enforcement agencies at a disadvantage.
The USA PATRIOT Act, enacted in 2001, provides widespread powers to law
enforcement agencies to deal with terrorism. In particular, it provides sweeping
powers to warrants in terms of geographical application.
AACSB: Ethics
Blooms: Understand
Difficulty: 3 Hard
40. Which of the following is a criticism of the USA PATRIOT Act?
A. It covers a narrow range of activities associated with terrorism.
B. It does not permit warrants for "roving" wiretaps.
C. It delays the sanctioning of search warrants.
D. It gives undue freedom to law enforcement agencies.
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.
AACSB: Ethics
Blooms: Understand
Difficulty: 3 Hard
41. Which of the following is true of the Foreign Intelligence Surveillance Act
(FISA)?
A. It was enacted as a result of the USA PATRIOT Act.
B. It has not been amended after its enactment.
C. It prohibits surveillance or monitoring without a warrant.
D. It has expanded the government's ability to monitor the phone calls of

suspected terrorists.
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.
AACSB: Analytic
AACSB: Ethics
Blooms: Understand
42. The _____ Amendment protects against compelled testimonial self-incrimination
be a witness against himself."
A. Fifth
B. Fourth
C. Sixth
D. Eighth
The Fifth Amendment protects against compelled testimonial self-incrimination

be a witness against himself."
AACSB: Ethics
Blooms: Remember
those warnings.
43. 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:
A. admissible, according to Supreme Court precedent.
B. inadmissible because it was obtained in violation of her Fourth Amendment

rights.
C. admissible, according to the "search incident to a lawful arrest" exception to

Miranda.
D. inadmissible because it was obtained in violation of her Fifth Amendment

rights.
According to a Supreme Court decision in a case, if the suspect knowingly and

voluntarily waives her right to silence after having been given the Miranda
warnings, her statements will be admissible.
AACSB: Analytic
AACSB: Ethics
Blooms: Apply
those warnings.
44. Which of the following is guaranteed by the Sixth Amendment?
A. The right to remain silent
B. The right to a speedy trial by an impartial jury
C. The right to refuse custodial interrogation
D. The right to refuse unreasonable searches
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.
AACSB: Analytic
AACSB: Ethics
Blooms: Remember
45. Which of the following is true about the Fifth Amendment and the production
of records?
A. It would allow a Bogus, Inc., officer who has custody of Bogus records to
resist a subpoena demanding production of those records if the contents of
the records could incriminate that officer personally.
B. It would prevent a sole proprietor from being compelled to produce his/her

business records if the act of producing such records was not testimonial in
nature.
C. It may be asserted by a corporation, partnership, or other collective entity on

the same basis that an individual human being could assert it.
D. It does not protect "required records" from being subpoenaed and used
against the record keeper in criminal prosecutions.
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.
AACSB: Ethics
Blooms: Apply
Difficulty: 3 Hard
46. The Double Jeopardy Clause:
A. establishes that a person cannot be prosecuted by the state for a state crime
after being acquitted of a federal crime, if the two alleged crimes involved
essentially the same facts.
B. protects criminal defendants from having to undergo more than one

prosecution by the same sovereign for the same criminal offense.
C. establishes that a single criminal act with multiple victims cannot result in
more than one criminal prosecution.
D. bars a private plaintiff from pursuing a civil case against the defendant who
was criminally prosecuted for the same alleged conduct.
The Double Jeopardy Clause prevents a second criminal prosecution for the
same offense after the defendant has been acquitted or convicted of that
offense.
AACSB: Analytic
AACSB: Ethics
Blooms: Understand
47. "White-collar crime" is the term used to describe a wide variety of offenses
committed by:
A. the average working class.
B. poor Americans.
C. businesspersons.
D. juveniles.
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.
AACSB: Ethics
Blooms: Remember
Difficulty: 1 Easy
48. The expansion of corporate criminal liability in imputing the criminal intent of
employees to the corporation falls under the scope of:
A. mens rea.
B. presumption of innocence.
C. Double Jeopardy.
D. respondeat superior.
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.
AACSB: Ethics
Blooms: Remember
49. 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 has 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?
A. Yes, because Average could not have had the necessary mens rea.
B. No, because the involved employees were acting within the scope of their
employment and for the benefit of Average.
C. No, because nothing in the facts indicates that Average should qualify for
the protection of the due diligence defense recognized by most courts.
D. Yes, because high-level corporate officers must be involved—and they were

not involved here—in order for criminal intent to be imputed to the
corporation.
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.
AACSB: Ethics
Blooms: Apply
Difficulty: 3 Hard
50. Strict liability offenses:
A. dispense with the requirement of proof of any criminal intent on the part of
the defendant.
B. are so classified because the punishments imposed on violators are

especially harsh in comparison to the punishments for other criminal
offenses.
C. impose liability on a defendant for the act of another party.
D. are commonly criticized on the ground that a person may not be convicted
of such an offense without being shown to have committed a wrongful act.
Strict liability offenses dispense with the requirement of proof of criminal intent
but ordinarily require proof that the defendant committed some wrongful act.
AACSB: Analytic
AACSB: Ethics
Blooms: Understand
51. 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:
A. non-prosecution agreements.
B. plea agreements.
C. deferred guaranty agreements.
D. deferred prosecution agreements.
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.
AACSB: Ethics
Blooms: Remember
Difficulty: 1 Easy
52. Kathy was accused of securities fraud. During the government investigation, she
destroyed relevant documents. Under the Sarbanes-Oxley Act of 2002, Kathy
may:
A. be civilly but not criminally liable for the destruction of documents.
B. face fines but not prison for the destruction of documents.
C. face fines and/or a maximum of 20 years in prison.
D. be considered a "whistleblower."
Under the Sarbanes-Oxley Act of 2002, the knowing alteration or destruction of

documents with the intent to hamper government investigations leads to
substantial fines and/or a maximum of 20 years of imprisonment.
AACSB: Ethics
Blooms: Apply
Difficulty: 3 Hard
Topic: Important White-Collar Crimes
53. Which of the following is a provision of the Sarbanes-Oxley Act of 2002?
A. It imposed a maximum of 15 years of imprisonment as punishment for the

destruction of documents.
B. It decreased the maximum term of imprisonment for mail fraud and wire
fraud to 15 years.
C. It provided legal protection for corporate employees who act as

whistleblowers.
D. It shortened the statute of limitations period within which certain securities

fraud cases may be filed.
Congress enacted the Sarbanes-Oxley Act in 2002. Among other things, it

provides legal protections for corporate employees who act as whistle-blowers
regarding instances of fraud on the part of their employers.
AACSB: Analytic
AACSB: Ethics
Blooms: Understand
54. The Racketeer Influenced and Corrupt Organizations Act's (RICO's) most
controversial sections allow:
A. federal prosecutors to seek pretrial orders freezing a defendant's assets.
B. the government to seek injunctions against future racketeering activities.
C. private individuals to recover treble damages for a statutory violation.
D. government intervention in white-collar crimes.
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.
AACSB: Analytic
AACSB: Ethics
Blooms: Understand
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.
55. Which of the following characterizes the Computer Fraud and Abuse Act
(CFAA)?
A. It is a statute enacted by a state legislature.
B. It imposes only civil liabilities in fraud cases.
C. It imposes only criminal liabilities in fraud cases.
D. It imposes liabilities in cases concerning interstate commerce.
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.
AACSB: Analytic
AACSB: Ethics
Blooms: Understand
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.
Topic: Computer Crime
Essay Questions
56. Police detective 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 the Beats store. She slipped out of the
"public" part of the store and proceeded down a hall to an office whose closed
door was 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
has 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?
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.
AACSB: Ethics
Blooms: Apply
Difficulty: 3 Hard
57. 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?
During the last 30 years, 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.
AACSB: Analytic
AACSB: Ethics
Blooms: Understand
58. 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 had 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?
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.
AACSB: Ethics
Blooms: Apply
Difficulty: 3 Hard
those warnings.
59. 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.
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.
AACSB: Ethics
Blooms: Apply
Difficulty: 3 Hard
60. Leviathan Corp. has filed a civil Racketeer Influenced and Corrupt Organizations
Act (RICO) lawsuit against NBS Bros., an accounting firm. NBS has 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.
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.
AACSB: Ethics
Blooms: Apply
Difficulty: 3 Hard
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.

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Chapter 05

Criminal Law and Procedure

True / False Questions

1. Special deterrence results when punishment of a wrongdoer deters other persons

3. When a judge's sentencing decision is challenged on appeal, the governing

5. Obscene noncommercial expressions receive no First Amendment protection.

6. The Eighth Amendment forbids cruel and unusual punishments.

7. Voluntary intoxication usually serves as a complete defense to criminal liability.

9. Although a nolo contendere plea may lead to a judicial determination of guilt, it is

13. A defendant's constitutional right to be free from compelled testimonial self-

Multiple Choice Questions

A. involve significant moral culpability on the offender's part.

B. are not punishable by fines.

C. are a serious crime.

D. are not punishable by confinement in jail.

19. What is recidivism?

A. A special theory of deterrence.

B. A quasi-criminal offense punished by light fines.

C. Repeat offenses by previously punished offenders.

D. Attempts to change the behavior of convicted offenders.

A. it must be proved that the crime is dangerous or detrimental to society.

B. a behavior is not a crime unless a state legislature has criminalized it.

C. the prevention of crime should include deterrence and rehabilitation.

D. courts may assess punitive damages in order to punish the wrongdoer.

A. encouragement of deterrence laws.

B. the presence of nulla poena sine lege laws.

C. prohibition of ex post facto criminal laws.

D. the presence of retributive justice.

B. arbitrary discrimination among different classes of people.

C. cruel and unusual punishments.

D. laws that restrict freedom of speech.

25. The ____ Amendment forbids cruel and unusual punishments.

26. The standard of proof in a criminal case is:

A. proof by a preponderance of the evidence.

B. proof beyond a reasonable doubt.

C. proof that is "more likely than not."

D. proof beyond the presumption of innocence.

D. If a preliminary hearing is held and the magistrate conducting it concludes that

A. protects persons against all searches and seizures.

B. provides protection to places or items as to which the Court found no

C. provides protection to matters such as voluntary conversations between

D. protects persons against arbitrary and unreasonable governmental violations of

35. Which of the following characterizes searches?

A. It is covered by the Fourteenth Amendment.

B. Warrants are not required for a search on private property.

C. Consensual searches without warrants violate the Fourth Amendment.

D. Customs searches are valid without a warrant.

B. Due process clause

A. the case will be dismissed.

B. the defendant will be convicted.

C. the evidence will not be admitted at trial.

D. an arraignment will not take place.

A. Warrants are more sweeping in terms of geographical application.

B. It subverts the Fourth Amendment Act and other constitutional rights.

D. It puts law enforcement agencies at a disadvantage.

40. Which of the following is a criticism of the USA PATRIOT Act?

A. It covers a narrow range of activities associated with terrorism.

B. It does not permit warrants for "roving" wiretaps.

C. It delays the sanctioning of search warrants.

D. It gives undue freedom to law enforcement agencies.

A. It was enacted as a result of the USA PATRIOT Act.

B. It has not been amended after its enactment.

C. It prohibits surveillance or monitoring without a warrant.

D. It has expanded the government's ability to monitor the phone calls of