Exam 6: Criminal Law

In general,a crime consists of two elements: (1)the wrongful or overt act and (2)the criminal or mental intent.Discuss the following concepts of criminal law and how and why the general elements of criminal action are altered,extended,or eliminated.In addition,give examples corresponding to each concept of the type of conduct that could be a criminal act. a.Objective fault b.Vicarious liability c.Corporate liability

Velma and Walter devised a scheme to defraud unsuspecting readers and then sent a message via e-mail to thousands of computer users,hoping to get rich from those who responded.This was their first such attempt.They may have violated:

Some states still recognize common law crimes.

The 2010 amendments to the Federal Organizational Corporate Sentencing Guidelines restricted the availability of reduced sentencing for corporations having effective compliance and ethics programs and meeting additional requirements.

Today most crimes are covered by statutory law rather than by the common law,although many of the crimes in statutory form had their origins in the common law.

Which of the following is correct with respect to a grand jury?

RICO defines a pattern of racketeering as the commission of three or more predicate acts within a five-year period.

Tracey offered the police chief $10,000 to ignore illegal gambling activity in her establishment.Tracey cannot be found guilty of bribery since the police chief refused her offer.

Bill is the accountant for Cheatam and Sons Co.For many years he has kept two sets of books,one with real figures and another with figures he will use in case the IRS audits.When Bill,while working on Cheatam's books,is arrested for fraud,what will happen to the books?

Bryant knowingly destroyed documents in order to impede an SEC investigation of his company.Under the Sarbanes-Oxley Act:

Corporations may be held liable for a crime.

Embezzlement and forgery are considered white-collar crimes.

RICO provides for criminal penalties,but contains no provision for civil penalties.

The __________ Amendment prohibits excessive bail and prohibits cruel and unusual punishment.

At the __________,the accused is informed of the charge against him and he enters his plea.

Another name for an indictment is a(n):

Paul grabs Don and threatens to stab him with his knife if Don doesn't help Paul commit a robbery.If Don helps Paul and is prosecuted,Don would have a valid defense called self-defense.

Describe the crime of false pretenses and name and define four crimes similar to false pretenses that were discussed in the textbook.

Which of the following is found in the Fifth Amendment to the U.S.Constitution?

A preliminary hearing is held in a criminal case to determine whether there is probable cause to believe the defendant is the one who committed the crime.