Mindtap Crime Answer Key

Mindtap Ch. 8 Crime What does mens rea require? A. Some action or conduct B. An omission of a certain act C. A particular state of mind D. A reckless or negligent act Ben is very mad at his supervisor because of pay cuts. Ben plots to damage some equipment so his company will have to pay him overtime compensation to repair it. In which of these situations could Ben be found guilty? Choose 2 answer choices. A. Ben has the sufficient mens rea and actus reus at the plotting stage to be convicted of the crime. B. Ben carries out his plan, but there are no witnesses. C. Ben has a change of heart and decides not to damage the equipment. D. Ben walks over to the equipment holding a heavy sledgehammer he brought from home, but at the last minute, decides against hitting the equipment. Instead, he trips and falls, slamming the sledgehammer into a crucial part of the equipment, which ruins the machine. How does larceny differ from embezzlement? Choose 2 answer choices. A. It requires that the property is entrusted to the perpetrator. B. The intent could include taking the property temporarily. C. Violence is used. D. The property can include non-physical assets. Clarence sneaks into his neighbor’s yard and takes a bike to sell for cash. What crime could he have committed? Choose 2 answer choices. A. B. C. D. Theft Larceny Robbery Embezzlement A jury finds Joe not guilty of murder. Investigators have found new evidence proving Joe’s guilt, so the prosecutor in the case wants to charge and try Joe again. What prevents the government from doing this? A. B. C. D. Double Jeopardy Procedural Due Process. Substantive Due Process. Miranda Rights A judge issues a warrant without probable cause. What protection will limit the usage of any evidence that is now gathered? Choose 2 answer choices. A. B. C. D. Substantive Due Process Exclusionary Rule Fourth Amendment Fifth Amendment Check Your Understanding Which of the following provides notification to a criminal defendant in custody of the right to an attorney? A. B. C. D. arraignment. plea. First Amendment warning Miranda warning Through which proceeding do prosecutors obtain an indictment? A. B. C. D. grand jury trial arraignment pre-trial motion What is the prosecutor’s burden of proof in a criminal case? A. B. C. D. preponderance of the evidence substantial evidence clear and convincing evidence beyond a reasonable doubt Jan claims she was under the influence of drugs and has no recollection of committing a crime. This defense is known as: A. B. C. D. insanity. person. necessity. intoxication. What must a prosecutor prove when the law requires mens rea? A. B. C. D. a criminal act intent opportunity motive White-collar crime, which is usually committed by corporate or government officials, typically involves crimes committed for financial gain, such as: Choose 2 answers. A. B. C. D. mail and wire fraud. assault and battery. defamation. embezzlement. A person may be subject to which of the following penalties for crimes committed under the Racketeer Influenced and Corrupt Organizations Act (RICO Act)? A. B. C. D. severe fines only fines, imprisonment, and forfeiture of property fines and imprisonment only mandatory life imprisonment A company issues a laptop computer to an employee for use at the business location only. The employee takes the laptop home to use for his or her own purposes and reports it as lost. This is an example of: A. B. C. D. embezzlement. robbery. theft. Larceny Under the federal Computer Fraud and Abuse Act (CFAA), a person may be subject to what type of penalties for crimes such as unauthorized hacking of, theft of information from, or intentional damage to a computer? A. B. C. D. fines and imprisonment only fines, imprisonment, and restitution imprisonment only fines and restitution, but not imprisonment How does the punishment for a misdemeanor differ from the punishment for a felony? A. There is no difference between the fines assessed for a misdemeanor and those assessed for a felony. B. Misdemeanor fines are lower and imprisonment is usually limited to less than one year in jail. C. The only difference is that felony imprisonment is longer. D. A felony sentence is always served in prison.