Exam 6: Criminal Law

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The American Law Institute's Model Penal Code provides that a corporation cannot be convicted of a criminal offense for the conduct of its employees or board of directors.

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False

Although mens rea is a required element for most crimes,many regulatory crimes dispense with it.

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True

The Fourth Amendment to the Constitution:

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C

Identify the constitutional protections given to a criminal defendant by each of the following Amendments to the U.S.Constitution.How does each apply to the procedure involved in arresting and trying a criminal defendant? a.Fourth Amendment b.Fifth Amendment c.Sixth Amendment d.Eighth Amendment

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A "bench trial" is one in which the decision is made without a jury.

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Because of the increasing use of criminal sanctions to enforce government regulation of business,criminal law is an essential part of business law.

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Two boys held up a liquor store at gunpoint and ran off with a bag of money.The police saw them run into Jill's apartment building where there are only four apartments off a common hall and no apparent way out of the building but the front door.The police knock on Jill's door.She says she's the only one there.The police can:

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A defendant who is indicted will next:

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The Fifth Amendment would protect a defendant from having to give blood samples to the prosecution since it would be a form of self-incrimination as interpreted by the courts.

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Rhonda is arrested for a misdemeanor that carries a possible five-month prison sentence.She is entitled to a jury trial.

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A felony is a more serious type of crime than a misdemeanor.

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Misdemeanors are less serious crimes punishable by a fine or imprisonment in a local jail.

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Tyler is self-employed and alters some receipts so he will show more expenses and therefore have a greater total of income tax deductions.Tyler has:

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Paul,a police officer,is working as an undercover drug agent.He enrolls in classes at the local university where he meets several students in business administration and invites them to come to his house for a party.No mention is made of any drugs,but he does say he will have a keg of beer.Shortly after his guests arrive,he gets out some marijuana and offers it to the group.All of them refuse except for Sam,who has never tried it before.When Paul encourages Sam to try it and Sam lights up the joint,Paul arrests Sam for possession of a controlled substance.In this case,Sam:

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The defendant must testify in a criminal proceeding.

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RICO has been successfully applied to businesses that are not engaged in organized crime,despite the fact that its intent is to target organized crime.

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The Sarbanes-Oxley Act passed in 2002 is the first comprehensive federal statute prohibiting computer crime.

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Under many modern statutes,what three elements must be met for a charge of burglary?

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The term mala prohibita refers to the bad act element of a crime.

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Under the United States legal system,guilt is never presumed by the court.

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