Solution Manual for Smith and Robersons Business Law 17th

Edition Mann Roberts 1337094757 9781337094757

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Chapter 06 Criminal Law

TRUEFALSE

1. In a criminal trial, the plaintiff must prove the case by a preponderance of the evidence.

(A) True

(B) False

Answer : (B)

2. Corporations may be held liable for crimes.

(A) True

(B) False

Answer : (A)

3. Businesses suffer considerable loss as victims of criminal actions, but businesses cannot be
perpetrators of criminal actions.

(A) True (B)

False

Answer : (B)

4. Torts are civil cases, not criminal cases.

(A) True

(B) False

Answer : (A)

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

(A) True

(B) False

Answer : (B)
6. Stan offered Cheyenne, the chairperson of the Midtown Zoning Commission, a ten percent
interest in his proposed subdivision development if she would use her influence to have his proposal
approved by the commission. She refused to be a part of Stan's plan, so Stan cannot be found guilty
of bribery.

(A) True

(B) False

Answer : (B)

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

(A) True

(B) False

Answer : (A)

8. Under the United States legal system, you are guilty until proven innocent.

(A) True

(B) False

Answer : (B)

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

(A) True (B)

False

Answer : (B)

10. Robbery is a larceny accompanied by force.

(A) True

(B) False

Answer : (A)

11. The elements of embezzlement are included in larceny.

(A) True

(B) False

Answer : (B)
12. Unlike larceny, embezzlement requires the intent to permanently deprive the owner of his
property.

(A) True (B)

False

Answer : (B)

13. Employers may be subject to criminal penalties for the unauthorized act of a manager who is
acting within the scope of employment.

(A) True (B)

False

Answer : (A)

14. Bill has had a problem with vandalism at his business. He rigs up a spring gun at the entryway
to his store, so that any after-hours intruder will be shot upon entry. Bill may legally use this deadly
force to protect his business.

(A) True (B)

False

Answer : (B)

15. Duress is a valid defense to larceny, but not to murder.

(A) True

(B) False

Answer : (A)

16. The defendant must testify in a criminal proceeding.

(A) True

(B) False

Answer : (B)

17. The Fifth Amendment protects all individuals against unreasonable searches and seizures.

(A) True

(B) False
Answer : (B)

18. A grand jury decision will result in a final judgment as to the guilt or innocence of the defendant.

(A) True

(B) False

Answer : (B)

19. Mail fraud does not require the victim to be actually defrauded.

(A) True

(B) False

Answer : (A)

20. The State may appeal a verdict of "not guilty" if there is an error in the trial.

(A) True

(B) False

Answer : (B)

21. Computer crimes are so commonplace that an estimated two out of every three copies of
software are illegally obtained.

(A) True (B)

False

Answer : (A)

22. Vicarious liability is imposed upon one person for the acts of another.

(A) True

(B) False

Answer : (A)

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

(A) True

(B) False
Answer : (A)

24. Robbery and burglary are the same crime.

(A) True

(B) False

Answer : (B)

25. The Fifth Amendment would protect a defendant from having to have his photograph taken,
since this would be a type of communication.

(A) True (B)

False

Answer : (B)

26. In a criminal case, the defendant must be tried by jury if he so desires.

(A) True

(B) False

Answer : (A)

27. In a civil case, as few as six jurors are permitted, but there must be 12 jurors in a criminal case.

(A) True

(B) False

Answer : (B)

28. 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.

(A) True (B)

False

Answer : (A)

29. 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.

(A) True
(B) False

Answer : (A)

30. The Sixth Amendment protects persons against self-incrimination, double jeopardy, and being
charged with a capital offense except by grand jury indictment.

(A) True (B)

False

Answer : (B)

31. Some states still recognize common law crimes.

(A) True

(B) False

Answer : (A)

32. All criminal law is governed by federal statutes.

(A) True

(B) False

Answer : (B)

33. Carelessness is a form of subjective fault.

(A) True

(B) False

Answer : (B)

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

(A) True (B)

False

Answer : (A)

35. Selling liquor to a minor can result in criminal liability only if the seller intended to sell to an
underage person.
(A) True (B)

False

Answer : (B)

36. Murder is a mala prohibita type of crime.

(A) True

(B) False

Answer : (B)

37. Crimes consist of three basic elements: the perpetrator, the act and the victim.

(A) True

(B) False

Answer : (B)

38. The Federal Organizational Corporate Sentencing Guidelines may require restitution to victims
of certain corporate crimes.

(A) True (B)

False

Answer : (A)

39. RICO does not apply to businesses that are engaged in organized crime.

(A) True

(B) False

Answer : (B)

40. The Sarbanes-Oxley Act created a powerful Accounting Oversight Board with authority to review
and discipline auditors.

(A) True (B)

False

Answer : (A)
41. The term actus reus refers to the mental intent element of a crime.

(A) True

(B) False

Answer : (B)

42. Embezzlement and forgery are considered white-collar crimes.

(A) True

(B) False

Answer : (A)

43. If Sheree, a county commissioner, threatened Brent that unless she received a 15 percent
interest in his proposed development she would use her influence to prevent approval of the
development, she has committed criminal extortion.

(A) True (B)

False

Answer : (A)

MULTICHOICE

44. Which one of the following is NOT true of a criminal suit?

(A) A criminal suit is brought by the government, not by an individual.

(B) In a criminal suit, guilt is never presumed.

(C) One purpose of a criminal suit is compensation for the victim.

(D) A criminal suit requires a higher burden of proof than a civil suit.

Answer : (C)

45. Mark carefully plots a course of action to embezzle $100,000 from his employer, Skye. He is
fired before he ever gets a chance to put the plan in action. In cleaning out his desk, Skye finds his
plans. Mark is:

(A) guilty of a crime because he intended to carry it out.

(B) guilty of a crime because he had mens rea.

(C) not guilty because he did not act on his plan.

(D) not guilty because he is no longer employed by Skye.

Answer : (C)

46. Congress has concluded that is the most prevalent method used for distributing
pornography and perpetrating fraudulent schemes, and it enacted the to deal with the
problem.

(A) spam; CAN-SPAM Act

(B) mala prohibita crime; Model Penal Code

(C) mala in se crime; RICO Act

(D) white-collar crime; Sarbanes-Oxley Act

Answer : (A)

47. Self-defense will NOT protect a person from criminal prosecution if she:

(A) shoots a man who is about to stab her with a knife.

(B) hits a man who is pushing her off the bus while it is still moving.

(C) shoots a man who is holding a realistic-looking cap pistol at her head.

(D) shoots a man who has shoplifted a rare, expensive diamond necklace from her store.

Answer : (D)

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

(A) The grand jury decides guilt or innocence of the defendant.

(B) The grand jury always hears testimony from the defendant.

(C) The grand jury can issue an indictment if it finds sufficient evidence to justify a trial on the
charges alleged.

(D) None of these.

Answer : (C)

49. Another name for an indictment is a(n):

(A) true bill.

(B) arraignment.

(C) information.
(D) preliminary hearing.

Answer : (A)

50. Cybercrime:

(A) may be categorized based on whether the computer was the instrument or the target of the
crime.

(B) has not been regulated by state laws.

(C) has been controlled by comprehensive federal legislation.

(D) is easy to detect.

Answer : (A)

51. The Fourth Amendment to the Constitution:

(A) requires a speedy trial.

(B) prohibits double jeopardy.

(C) protects against unreasonable search and seizure.

(D) All of these.

Answer : (C)

52. A defendant who is indicted will next be:

(A) brought before a grand jury.

(B) tried.

(C) arraigned.

(D) fined.

Answer : (C)

53. What happens if the police illegally seize evidence in violation of the Fourth Amendment?

(A) The evidence will be excluded from use at trial.

(B) The defendant's arrest is nullified.

(C) The defendant is entitled to another trial.

(D) The defendant will be paid for the expenses of his defense.
Answer : (A)

54. Two teenagers held up a gas station 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:

(A) search the apartment without a warrant because Jill voluntarily answered the door.

(B) search the apartment without a warrant because they are in hot pursuit of the fugitives.

(C) not search the apartment, because they have no reason to believe that the teenagers are in Jill's
apartment rather than in the others.

(D) not search the apartment, because voluntary consent to enter is necessary.

Answer : (B)

55. Tanner 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 uses when the IRS audits. When Tanner,
while working on Cheatam's books, is arrested for fraud, what will happen to the books?

(A) They are privileged communications and therefore inadmissible as evidence against Tanner.

(B) They are protected by the Fifth Amendment and therefore are inadmissible.

(C) They may be admitted as evidence since the Fifth Amendment does not protect business records.

(D) They may be admitted as evidence only if Tanner consented to a search of his offices.

Answer : (C)

56. Individuals may use reasonable force to protect themselves, their property, and other
individuals. In this context, reasonable force would mean:

(A) deadly force is reasonable to protect property.

(B) deadly force is never reasonable to protect property, but is reasonable if an attack threatens the
victim with serious bodily harm.

(C) deadly force is never reasonable, even if an attack threatens the victim with serious bodily harm.

(D) deadly force is reasonable to protect property or if an attack threatens the victim with serious
bodily harm.

Answer : (D)

57. The Sarbanes-Oxley Act:

(A) establishes new criminal offenses as well as substantially increasing penalties for existing
crimes.

(B) imposes fines and/or imprisonment of up to 20 years for knowingly altering, destroying, or
falsifying any document with the intent of impeding a federal investigation.

(C) adds new financial disclosure requirements for corporations.

(D) The Sarbanes-Oxley Act does all of these.

Answer : (D)

58. The criminal intent necessary to commit a crime is known as:

(A) actus reus.

(B) mens rea.

(C) vicarious liability.

(D) malice aforethought.

Answer : (B)

59. Which of the following is NOT found in the Eighth Amendment to the U.S. Constitution?

(A) Protection from excessive bail

(B) A prohibition against double jeopardy

(C) A prohibition against cruel and unusual punishment

(D) All of these are found in the Eighth Amendment.

Answer : (B)

60. Payum, Inc. has been convicted of bribing public officials. It is now time for sentencing. Possible
sentences include:

(A) putting the corporation's president, who was not involved in the bribery, in jail.

(B) putting the corporate shareholders in jail.

(C) fining the corporation.

(D) None of these. A corporation cannot commit a crime.

Answer : (C)

61. Bailey tells Jaxon that unless Jaxon pays her $5,000, she will tell his customers that he was once
arrested for shoplifting as a teenager. If the statement that Jaxon shoplifted as a teenager is true:
(A) in most jurisdictions Bailey has committed the crime of extortion.

(B) Bailey has committed no crime since Jaxon actually did shoplift as a teenager.

(C) Bailey has committed the crime of bribery.

(D) in all jurisdictions in the United States, Bailey would have to have received the money from Jaxon
to be charged with a crime.

Answer : (A)

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

(A) A privilege against self-incrimination

(B) A right to a speedy, public trial by jury

(C) A prohibition against cruel or unusual punishment

(D) The right to an attorney

Answer : (A)

63. At the the accused is informed of the charge and the accused enters a plea.

(A) preliminary hearing

(B) arraignment

(C) indictment

(D) information

Answer : (B)

64. A warrant is required for a search by the police where:

(A) the police are in hot pursuit of a criminal.

(B) voluntary consent is given to the search.

(C) evidence of a crime is in plain view of the police officer.

(D) a witness has described the location of the evidence in the suspect's house.

Answer : (D)

65. An employer directs his vice-president of marketing to fix prices with their company's
competitors. The employee does so. Under these facts:

(A) only the employee is liable.

(B) both the employee and the employer are liable.

(C) only the employer is liable.

(D) neither the employee nor the employer is liable.

Answer : (B)

66. A crime that is punishable by a fine or imprisonment in a local jail is a:

(A) felony.

(B) white-collar crime.

(C) misdemeanor.

(D) mala prohibita crime only.

Answer : (C)

67. Robbery can be "aggravated robbery" under which of the following circumstances?

(A) The robber intends to kill if faced with resistance.

(B) Serious bodily injury to the victim occurs.

(C) The crime is committed by two persons rather than one person.

(D) All of these.

Answer : (D)

68. At common law, was defined as a breaking and entering of a dwelling house at night with
the intent to commit a felony.

(A) burglary

(B) bribery

(C) robbery

(D) theft

Answer : (A)

69. The states that the federal government shall provide the accused with a speedy and public
trial by an impartial jury.

(A) Fourth Amendment

(B) Fifth Amendment

(C) Sixth Amendment

(D) Eighth Amendment

Answer : (C)

70. Which of the following is correct with respect to RICO?

(A) It subjects to penalties enterprises that engage in a pattern of racketeering, defined as the
commission of two or more specified state or federal criminal offenses within a period of ten years.

(B) It was enacted with the stated purpose of terminating the infiltration of organized crime into
legitimate businesses.

(C) It provides for both civil and criminal penalties for violators.

(D) All of these are correct.

Answer : (D)

71. Losses due to computer crimes are estimated to be:

(A) minimal, as the federal government has passed comprehensive legislation prohibiting computer
crime.

(B) in the millions of dollars.

(C) in the tens of billions of dollars.

(D) decreasing, as legislation and enforcement have been increasing.

Answer : (C)

72. Under RICO, a is any of several criminal offenses such as murder, kidnapping, arson,
extortion, and drug dealing.

(A) predicate act

(B) liable act

(C) white-collar crime

(D) mala in se act

Answer : (A)

73. If Steve, wanting to protect his warehouse, closes two pit bulldogs inside and they attack and kill
an intruder, Steve would be found to have:

(A) subjective fault.

(B) objective fault.

(C) liability without fault.

(D) no fault, as he was merely protecting his property.

Answer : (A)

74. The privilege against self-incrimination extends to which of the following?

(A) Providing a handwriting sample.

(B) Appearing in a line-up for identification purposes.

(C) Taking a blood test after an accident.

(D) None of these are protected by the privilege against self-incrimination.

Answer : (D)

75. Cody is working as an undercover drug agent. He enrolls in classes at State 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 encourages the group to have some. All of them refuse,
except Sam, who has never tried it before. When Sam lights up, Cody arrests him for possession of a
controlled substance. Sam:

(A) is clearly guilty as charged.

(B) can raise the defense of entrapment, claiming Cody has enticed him to commit a crime that he
would not have committed otherwise.

(C) has a valid defense of duress.

(D) can raise the Fourth Amendment to exclude the marijuana as evidence that has been illegally
seized.

Answer : (B)

76. The degrees of mental fault in criminal law include which of the following?

(A) Subjective fault, which involves negligence or carelessness

(B) Objective fault, which involves purposeful, knowing, or reckless conduct

(C) Liability without fault, where no requisite mental state or even knowledge of the act is required
in some instances

(D) All of these.

Answer : (C)
ESSAY

77. Describe how a criminal case is commenced and how it proceeds through the court system.
What are the various stages in the proceeding? Be sure to use the correct terminology.

Graders Info :

A criminal prosecution usually begins with an arrest. After arrest, the accused is booked and
appears before a magistrate or justice of the peace where he is given notice of the charges against
him, is informed of his rights, and has bail set. Next, a preliminary hearing is held to determine
whether there is probable cause to believe that a crime has been committed and that the defendant
is the one who has committed it. There may also be an indictment by a grand jury or an information
by a prosecuting officer. At the arraignment, the accused enters a plea. If he pleads not guilty, a
date for either a jury trial or a bench trial is set.
A criminal trial to a jury begins with jury selection and opening statements by the attorneys.
Evidence is presented, closing statements are made, and the jury is instructed as to the applicable
law. The jury retires to arrive at a verdict. If the verdict is "guilty," the judge will enter a judgment of
conviction and set the case for sentencing. The defendant may make a motion for a new trial or may
appeal. The State has no right to appeal from an acquittal.

78. Compare and contrast a criminal case with a civil case. Be sure to use the correct terminology.

Graders Info :

A civil case begins with a complaint which is drafted by the plaintiff's attorney and then filed with
the court and served on the defendant. A criminal case begins with an arrest. The prosecution of a
criminal case is done by a prosecutor on behalf of the State against a defendant for having
committed a "wrong" against society. In a criminal case, the defendant will make a court appearance
within a short time after the arrest has occurred. In a civil case, there may not be a court
appearance until months after the case is begun. Most criminal cases that go to trial result in jury
trials. Many civil cases are tried to the judge alone without a jury. The party bringing a civil action
has the burden of proof, which he must sustain by a preponderance of the evidence. In criminal law,
the defendant is prosecuted by the government, which must prove the defendant's guilt beyond a
reasonable doubt, a much higher burden of proof. The purpose of the civil law is to compensate the
aggrieved party. Criminal law is designed to prevent harm to society by defining criminal conduct
and establishing punishment for it.

79. Identify and briefly describe the defenses that can be raised by a criminal defendant who is
found to have committed a criminal act.

Graders Info :

Defenses include: (a) defense of person or property; (b) duress; (c) mistake of fact; and (d)
entrapment. (a) Individuals may use reasonable (but not deadly) force to protect their property.
Deadly force may be used to protect from a threat of death or serious bodily harm. (b) Duress
involves the threat of immediate, serious bodily harm unless the person engages in criminal conduct.
(c) If a person reasonably believes the facts surrounding his conduct to be such that his conduct
would not constitute a crime, the law will treat the facts as he reasonably believes them to be. (d)
Entrapment arises when a law enforcement official induces a person to commit a crime when that
person would not have done so without the official's persuasion.

80. 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

Graders Info :

The Fourth Amendment protects all individuals against unreasonable searches

and seizures. Issues involving the Fourth Amendment arise when evidence is
a.
illegally seized by police officers, and the defendant moves to have the evidence
excluded based upon the exclusionary rule.
The Fifth Amendment protects persons against self-incrimination, double
jeopardy, and being charged with a capital or infamous crime except by grand jury
indictment. The Fifth Amendment also guarantees due process. The privilege
against self-incrimination extends only to testimonial evidence, not to physical
evidence. The double jeopardy protection provides that if a verdict of "not guilty"
b.
is reached in a trial, the defendant cannot be re-tried for the same offense. The
due process requirement basically requires a fair trial, including the right to
counsel, the right to confront and cross-examine adverse witnesses, the right to
testify in one's own behalf if desired, and the right to be free from any and all
prejudicial conduct and statements.
The Sixth Amendment provides that the federal government shall provide the
accused with a speedy and public trial by an impartial jury, inform him of the
c. nature and cause of the accusation, confront him with the witnesses against him,
have compulsory process for obtaining witnesses in his favor, and allow him to
have the assistance of counsel for his defense.

81. In general, what are the elements of a crime? 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

Graders Info :
 In general, a crime has two elements: the wrongful or overt act (actus reus) and
the criminal intent (mens rea). The mental intent (mens rea) required for a crime
is often subjective fault, which may be purposeful, knowing, or reckless. Some
crimes require objective fault and others require no fault at all. Objective fault
a.
involves gross deviation from the standard of care that a reasonable person would
observe under the circumstances. It involves careless or negligent behavior.
Example: Carelessly driving a truck onto a sidewalk and causing injury to a
pedestrian.
Vicarious liability is liability imposed upon one person for the acts of another.
Employers are vicariously liable for the authorized criminal acts of their
employees if the employer directed, participated in, or approved of the act.
b. Example: An employer directs his employee to consistently ignore OSHA
regulations; this results in deaths of employees due to unsafe conditions.
Employers may also be subject to criminal penalty for certain unauthorized acts of
employees if the employees are acting in the scope of employment.
Public policy reasons exist for artificially extending criminal acts to corporations.
Criminal intent for the corporation is presumed, or in some ways eliminated,
because of bad acts and statutory language. Corporations are so numerous and
c.
powerful that it is a societal necessity to control corporate behavior. Corporate
officials may be prosecuted and punished separately. Example: A corporate
executive defrauds the public in order to increase the price of the company stock.

82. What six elements must be present for the crime of larceny to exist?

Graders Info :

The following are elements of the crime of larceny:

(a) Trespassory
(b) taking and
(c) carrying away of
(d) personal property
(e) of another
(f) with the intent to deprive the victim permanently of the goods.

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

Graders Info :

The elements that must be present for the crime of burglary to exist are:
(a) An entry
(b) into a building
(c) with the intent to commit a felony in the building.

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

Graders Info :

False pretenses is the crime of obtaining title to property of another by making materially false
representations of an existing fact with knowledge of their falsity and with the intent to defraud. The
victim voluntarily transfers the property to the thief. Other specialized crimes that are similar to
false pretenses include mail, wire, and bank fraud, as well as securities fraud. Mail fraud, unlike the
crime of false pretenses, does not require the victim to be actually defrauded; it simply requires the
defendant to use the mails or private carrier to carry out a scheme that attempts to defraud others.
The wire fraud statute prohibits the transmittal by wire, radio, or television in interstate or foreign
commerce of any information with the intent to defraud. The federal bank fraud statute makes it a
crime to knowingly execute or attempt to execute a scheme to defraud a financial institution or to
obtain by false pretenses funds under the control or custody of a financial institution.

85. In response to the Federal Organizational Corporate Sentencing Guidelines, Starstream

Corporation wants to formulate and implement a compliance program to prevent potential legal
violations by its employees and the company itself. Identify eight factors to include in the program,
and discuss the effect of having an adequate program.

Graders Info :

An adequate compliance program should include: standards and procedures to prevent and detect
criminal conduct; responsibility at all levels and adequate resources and authority for the program;
personnel screening related to program goals; training at all levels; auditing, monitoring, and
evaluating program effectiveness; nonretaliatory internal reporting systems; incentives and
discipline to promote compliance; and reasonable steps to respond to and prevent further similar
offenses upon detection of a violation. If Starstream successfully adopts and implements an
adequate compliance program, a corporate fine for a criminal offense can be reduced to as little as 5
percent of the scheduled fine.