Chapter 8 - Criminal Law and Cyber Crime



Indicate whether the statement is true or false.1.??A crime can be committed only against persons.?a.?True?b.?False2.??Criminal law spells out the duties that exist between persons or between citizens and their governments.?a.?True?b.?False3.?One purpose of criminal sanctions is to deter others from committing similar crimes in the future.?a.?True?b.?False4.??Public officials prosecute criminal defendants.?a.?True?b.?False5.?In a criminal case, the state must prove its case by a preponderance of the evidence.?a.?True?b.?False6.?The sanctions imposed on criminal wrongdoers are the same as those applied in civil cases.?a.?True?b.?False7.?A misdemeanor is a crime punishable only by a fine.?a.?True?b.?False8.?Felonies are punishable by imprisonment for more than a year or death.?a.?True?b.?False9.?Corporations, like persons, canbe liable for crimes.?a.?True?b.?False10.??A wrongful mental state is typically required to establish criminal liability.?a.?True?b.?False11.?One element that normally must exist for a person to be convicted of a crime is the performance of a prohibited act.?a.?True?b.?False12.?Falsifying public records or altering a legal document is larceny.?a.?True?b.?False13.?Embezzlement can be committed only by physically taking property from the possession of another.?a.?True?b.?False14.?A person’s intent to return embezzled property—or its actual return—is not a defense to the crime of embezzlement.?a.?True?b.?False15.?Counterfeiting is robbery.?a.?True?b.?False16.?Picking pockets is not robbery.?a.?True?b.?False17.?Crimes occurring in a business context are popularly referred to as white-collar crime.?a.?True?b.?False18.?Changing a trademark is forgery.?a.?True?b.?False19.?Using social media to defraud is a federal crime.?a.?True?b.?False20.?It is not a crime to defraud the public through the use of e-mail ads.?a.?True?b.?False21.?It is a federal crime to use income obtained from racketeering activity to buy an interest in any enterprise.?a.?True?b.?False22.?A kickback for a special favor or service is a form of bribery in some situations.?a.?True?b.?False23.?Ordinarily, “ignorance of the law” or a mistaken idea about what the law requires is a valid defense to criminal liability.?a.?True?b.?False24.?Constitutional safeguards to protect the rights of individuals apply in federal courts.?a.?True?b.?False25.?The Fourth Amendment protects against unreasonable searches by the government.?a.?True?b.?False26.?A suspect cannot be tried twice in the same court for the same crime.?a.?True?b.?False27.?Under the exclusionary rule, illegally obtained evidence may not be included in any criminal prosecution.?a.?True?b.?False28.?Individuals who are arrested must be informed of certain constitutional rights.?a.?True?b.?False29.?The purpose of the exclusionary rule is to encourage criminals to provide exclusive evidence of their crimes.?a.?True?b.?False30.?All persons who are arrested have the constitutional right to remain silent.?a.?True?b.?False31.?No federal statute specifically addresses cyber crime.?a.?True?b.?False32.?A cyberterrorist might target a government agency, but not a business.?a.?True?b.?False33.?In a phishing attack, the perpetrator “fishes” for financial data and passwords from a consumer by posing as a legitimate business.?a.?True?b.?False34.?A stolen credit card is more likely to hurt the cardholder than a merchant.?a.?True?b.?False35.?A company takes a risk by storing its online customers’ credit-card numbers.?a.?True?b.?FalseIndicate the answer choice that best completes the statement or answers the question.36.??Mike is arrested at a warehouse in North Industrial Park and is charged with the crime of theft. Mike will be prosecuted by?a.??the owner of the warehouse.?b.??the owner of the property that Mike is charged with stealing.?c.??a public official.?d.??any third party unrelated to Mike, the property, or the crime.37.?Sun-Hi, who operates a Pan-Asian restaurant in her apartment, is charged with criminal violations of the local health and building codes, state license regulations, and federal environmental statutes. The standard of proof to find a defendant who has been charged with a crime guilty is?a.?a preponderance of the evidence.?b.?a unanimous verdict.?c.?beyond a reasonable doubt.?d.?clear and convincing evidence.38.?Reno, driving while intoxicated, causes a car accident that results in the death of Santo. Reno is arrested and charged with a felony. Afelony is a crime punishable by death or imprisonment for?a.?any period of time.?b.?more than one year.?c.?more than six months.?d.?more than ten days.39.?Domino causes a disturbance at El Nino Cafe. He is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punish-able by?a.?a fine only.?b.?imprisonment up to one year.?c.?imprisonment up to six months.?d.?imprisonment up to ten days.40.??Ludwig receives from Milo a marimba stolen from Nadine. To be criminally liable, Ludwig must know?a.?Milo.?b.?Nadine.?c.?that the marimba is stolen and Ludwig must intend to keep it.?d.?what a marimba is.41.?Edith works for Fast Trades, Inc., a brokerage that facilitates frequent, quick securities transactions for investors. Edith steals her employer’s computer program to start up her own competing business, Get Rich Quick, Inc. This is?a.?obtaining goods by false pretenses.?b.?robbery.?c.?larceny.?d.?no crime.42.?Biff wrongfully takes an unopened carton from a Cold Storage Warehouse loading dock, puts the carton in his car, and drives away. This is?a.?robbery.?b.?forgery.?c.?larceny.?d.?no crime.43.?Maura enters a convenience store and points a gun at the clerk Nate. She then forces Nate to open the cash register and give her all the money. Maura will most likely be charged with?a.?burglary.?b.?robbery.?c.?larceny.?d.?receiving stolen property.44.?Laird is an employee ofMotor Parts, an auto parts store. On the orders of his employer,heswitches trademarks on parts that come into the store to be sold to consumers. This is most likely?a.?burglary.?b.?robbery.?c.?larceny.?d.?obtaining goods by false pretenses.45.?Suzu, an employee of Ridgeline Credit Union, deposits into her account checks entrusted to the credit union through its ATM system by customers to deposit into their accounts. This is?a.?burglary?b.?embezzlement.?c.?larceny.?d.?mail and wire fraud.46.?Megan reaches into Ned’s pocket and takes his wallet—without his consent and without his immediate awareness. Unlike robbery, picking pockets does not involve?a.?breaking and entering.?b.?force or fear.?c.?large amounts of cash.?d.?weapons.47.?Kimberly, the owner of Little Cinema, trusts Max to manage the theater’s daily cash flow. One night, without Kimberly’s knowledge or consent, Max takes and keeps $1,000 from the receipts. This is most likely?a.?embezzlement.?b.?larceny.?c.?robbery.?d.?burglary.48.?Mariah takes off her ring and places it on her desk while she works. Without her knowledge or consent, her coworker Nita picks up the ring, puts it on, and walks away. Nita has likely committed?a.?burglary.?b.?forgery.?c.?larceny.?d.?no crime.49.?Chadwick signs Dolores’s name, without her authorization, to the back of her paycheck issued by E-Market Solutions, Inc. This is?a.?embezzlement.?b.?forgery.?c.?larceny.?d.?robbery.50.?Berto pushes Consuela to the ground, grabbing her smartphone as she falls. The use of force or fear is required for this act to constitute?a.?burglary.?b.?any crime.?c.?larceny.?d.?robbery.51.?Edie uses television ads to defraud millions of people. She can most likely be charged with?a.?larceny.?b.?no crime.?c.?robbery.?d.?wire fraud.?52.?Robert uses FedEx in a scheme to defraud Standard Sales Company by obtaining merchandise to which he is not entitled. Found guilty of mail fraud,Robert can be punished by?a.?imprisonment for up to fifty years.?b.?imprisonment for up to five years and fines of up to $1,000.?c.?fines up to $5 million.?d.?none of the choices.53.?Mona offers Ned, a building inspector, money to overlook the violations in her new warehouse. Ned accepts the money and overlooks the viola-tions.? Mona is charged with the crime of bribery. The crime occurred when?a.?Mona decided to offer the bribe.?b.?Mona offered the bribe.?c.?Ned accepted the bribe.?d.?Ned overlooked the violations.54.?Dirk, an employee of Ergonomic Elevators, Inc., pays Ferbie, an employee of Ergonomic’s competitor G-Force Risers Company, for a secret G-Force pricing schedule. This is?a.?an effective marketing strategy.?b.?commercial bribery.?c.?creative legal bookkeeping.?d.?money laundering.55.?Bruno is a businessperson with investments in legal and illegal opera-tions. Bruno may be subject to penalties under RICO?a.?for making an unprofitable, but legal, investment.?b.?for the commission of any business fraud.?c.?only in a case involving a “racket.”?d.?only in a case involving organized crime.56.?Sandy, a businessperson, is convicted of RICO offenses. Sandy’s penalties may include?a.?divestiture or dissolution of Sandy’s business.?b.?imprisonment for up to twenty years.?c.?a fine of up to $25,000 per violation.?d.?all of the choices.57.?Evan is charged with a crime.Almost all federal courts and some state courts would not hold Evan liable if, at the time of the offense, as a result of a mental disease or defect, Evan lacked substantial capacity to?a.?appreciate the wrongfulness of his conduct only.?b.?appreciate the wrongfulness of his conduct and obey the law.?c.?appreciate the wrongfulness of his conduct or obey the law.?d.?obey the law only.58.?Mae is granted immunity after she agrees to testify about a crime. Mae has an absolute privilege against self-incrimination and can?a.?be prosecuted only for a crime about which she agreed to testify.?b.?not be prosecuted for any crime.?c.?not refuse to testify.?d.?refuse to testify.59.?Ryan is accused of a crime. Ryan refuses to give information related to his alleged criminal activities because he suspects it will be used to prosecute him. This is?a.?duress.?b.?entrapment.?c.?theprivilege against self-incrimination.?d.?necessity.60.?Frankie is accused of a crime. Frankie is given an opportunity to object to the charge before a judge. She is also given the opportunity to confront and cross-examine witnesses and to present her own witnesses. These procedures represent?a.?a reasonable expectationof privacy.?b.?the prohibition against double jeopardy.?c.?due process of law.?d.?the privilege against self-incrimination.61.?Nini, a police officer, wants to search the offices of Operational Business Corporation. She asks Judge Pearl to issue a warrant. Under the Fourth Amendment, no warrant for a search can be issued without?a.?double jeopardy.?b.?probable cause.?c.?reasonable doubt.?d.?immunity.62.?Skip is accused of a crime. Skip can refuse to provide information about his allegedly criminal activities?a.?if he suspects the information will be used to prosecute him.?b.?if the police do not promise to keep the information confidential.?c.?if the information is “fruit of the poisonous tree.”?d.?under no circumstances.63.?Herb, a computer programmer for Inventory Control Corporation, is arrested in his employer’s parking lot on suspicion of larceny. Herb must be informed of his right to?a.?a trial by jury.?b.?punishment.?c.?question witnesses.?d.?remain silent.64.?Dmitri sends e-mail to Eva Marie, promising her a percentage of the amount in a foreign bank account if she will assist in transferring the funds to a U.S. bank account. Eva Marie forwards her account number, but the funds are never sent. Instead, Dmitri quickly withdraws the funds in Eva Marie’s account. This is?a.?hacking.?b.?identity theft.?c.?phishing.?d.?cyber fraud.65.?Jade puts up a collection of sports memorabilia for bids on BuyBay, an Internet auction site. Khalil makes the highest bid and sends the payment, which Jade receives, but she does not send the collection. This is online?a.?hacking.?b.?identity theft.?c.?phishing.?d.?cyber fraud.66.?Posing as Visa Bank, Walt e-mails Paulina, asking her to update her credit-card information through a link in the e-mail. She clicks on the link and types in the data, which Walt promptly sells to Ilana. This is?a.?hacking.?b.?employment fraud.?c.?phishing.?d.?cyberterrorism.67.?Via the Internet,Rocky sabotages the computer system of Quik Chik’n Company, a food manufacturer, with the purpose of altering the levels of ingredients of the company’s products so that consumers of the food become ill. Rocky is?a.?a cyberterrorist.?b.?anetwork employee.?c.?an entrapper.?d.?a prosecutor.68.?Paxton uses social media to post links that, when clicked, secretly install software on hundreds of others’ personal computers without their owners’ knowledge Paxton’s software is harmful to the computers on which he installed it. This program is?a.?malware.?b.?badware.?c.?harmware.?d.?infectware.69.?Patricia commits an act via e-mail against Othman Finance Company, a business in California, where the act is a cyber crime. Patricia resides in New York where the act is not a crime. Prosecution of Patricia in California involves questions of?a.?jurisdiction.?b.?“maximum contacts.”?c.?the immunity of Internet service providers.?d.?encryption.70.?Benito accesses Creditline Bank’s computer system without authority to obtain protected financial and credit records.Under federal law, this is?a.?a felony if it was done for a commercial purpose.?b.?a felony if Creditline brings a civil suit against Benito.?c.?not a crime.?d.?a crime but not a felony.71.??Cameron is an accountant in the accounting department of Data Analytics Company. Cameron’s son’s college tuition is due within a week, or he cannot continue taking classes. To meet the due date, Cameron transfers funds from Data Analytics to a fictitious bank account, planning to repay the firm within one month. The transfer is discovered before the firm is re-paid, and Cameron is arrested. What crime, or crimes, if any, has Cameron committed?72.?Cumulus Cloud Computing Services, Inc., suffers a security breach in its computer network. Before the company discovers the breach, the perpetrator obtains a large amount of confidential data, including corporate financial records, marketing plans, and other sensitive information. Has a crime been committed? If so, what are its elements? What steps might Cumulus take to ensure that going forward only authorized users access the data on its computers? Whose efforts—those of the federal government or Cumulus—are more important in securing the company’s computer infrastructure, and why?Answer Key1.?False2.?False3.?True4.?True5.?False6.?False7.?False8.?True9.?True10.?True11.?True12.?False13.?False14.?True15.?False16.?True17.?True18.?True19.?True20.?False21.?True22.?True23.?False24.?True25.?True26.?True27.?True28.?True29.?True30.?True31.?False32.?False33.?True34.?False35.?True36.?c37.?c38.?b39.?b40.?c41.?c42.?c43.?b44.?b45.?b46.?b47.?a48.?a49.?b50.?d51.?d52.?b53.?b54.?b55.?b56.?d57.?c58.?c59.?c60.?c61.?b62.?c63.?d64.?d65.?d66.?c67.?a68.?a69.?a70.?a71.?Cameron committed at least embezzlement.The crime of embez-zlement is committed when a person entrusted with another’s funds or property fraudulently appropriates it. That Cameron may have intended to repay the “borrowed” funds is no defense (although an embezzler who re-turns what has been taken may not be prosecuted because the owner may not wish to take the time to make a complaint, give depositions, and ap-pear in court, or to reveal that the firm failed to have safeguards against embezzlement).Depending on how Cameron engineered the theft, he may have committed other crimes—forgery, larceny, or a computer crime, for example.?72.?The breach of Cumulus’s computer network and the subsequent theft of data constitute a crime under the federal Counterfeit Access Device and Computer Fraud and Abuse Act.Precautions that Cumulus might take to safeguard its computer system in the future could start with tighter, more encrypted security, including the employment of a cyberspace security firm. These experts could help Cumulus devise a more elaborate, ever-changing security system that might include passwords and codes for its customers. They could also install protective programs, such as firewalls and antivirus software, to limit outside access. They could further assist Cumulus by constantly updating this technology to thwart the criminal attempts of outsiders who are updating theirs. The most successful protective measure is to encrypt the data. Of course, an encryption system must be updated as regularly as the systems of those who would break it.The voluntary efforts of Cumulus and other private companies are the most important factor in securing those firms’ computer infrastructure. The federal government has little choice but to rely on those efforts because the government has limited regulatory authority over the Internet. ................
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