1, Which name is not associated with the famous, if not infamous insanity defense used in a California criminal trial emanating from San Francisco a) Diane Finestein b) Harvey Milk c) George Moscone d) Dan White e) Gavin Newsom f) None of the above Source: 2. As it relates to incarceration in California which is not true. a) Incarceration for state felonies typically occurs in state penitentiaries b) Incarceration for federal felonies committed in California typically occurs in state c) d) e) f) g) penitentiaries Incarceration for state misdemeanors typically occurs in county jails Incarceration for state infractions never occurs in state penitentiaries Generally incarceration time for most California state misdemeanors is no more than a year in a county jail None of the above Incarceration for state infractions never occurs in county jails Source: 3. The requirement of "mens rea" in white collar or business crimes is particularly important because: a) The crimes are typically ones involving money b) Those who commit violent crime in the United States are subject to systematic c) d) e) f) g) h) discrimination The US Constitution requires a higher standard of proof for the conviction of these rimes as opposed to violent crimes Most of the crimes are specific intent crimes Most celebrities, sports figures, actors, actresses, and persons of wealth in the United States have the political clout to obtain better protection from criminal prosecution than the rest of us To prove these crimes the prosecuting entity is not required to prove "actus reas" All of the above None of the above Source: 4. The phrase "quid pro quo" is most associate with what type of crime: a) Mail fraud b) Embezzelment c) Bribery d) Burglary e) Forgery f) Arson g) All of the above h) None of the above Source: 5. A number of wild fires in California this last year which devastated many families were started by arsonists some who have a fascination and need for excitement while others do it to conceal crimes, obtain revenge, or vandalize property. However, most business people who commit arson do it for pecuniary reasons, and which word or phrase below best relates to arson committed by business persons: a) b) c) d) e) f) g) h) i) j) k) Payroll Wrongful termination Insurance Code compliance Financial Statement Balance Sheet Audit Anger Mental illness Incarceration None of the above Source: 6. Although it may be a generalization, it often seems that a business's most trusted and dedicated employee who seldom takes time off, works in an accounting department, and who commits a business crime engages in: a) b) c) d) e) Bankruptcy Fraud Insider Trading Burglary Embezzelment Conversion f) Bribery g) Forgery h) None of the above Source: 7. Generally speaking, the sentencing guidelines used by federal judges in administering and imposing sentences for crimes are: a) Less ridged than those in state court b) About the same between state court and federal court c) Are determined by the probation department d) Are determined by the prosecutor e) More ridged that in state court f) None of the above Source: 8. You are a CEO of a company. Your family is kidnapped for ransom. You chose to pay the ransom and wire transfer millions of dollars of your corporation's money to the kidnappers to free your family. You have potentially committed the crime of __________, but you may have the defense of __________. a) b) c) d) e) f) g) h) Larceny/fraud embezzlement/forgory larceny/duress embezzlement/duress larceny/necessity embezzlement/necessity false pretenses/entrapment None of the above Source: 9. Typically white collar business crimes include _________,________, and________, but not__________ and__________. a) b) c) d) e) f) embezzlement, insider trading, and mail fraud, but not embezzlement and conversion embezzlement, homicide, and mail fraud, but not bankruptcy fraud and conversion embezzlement, insider trading, and mail fraud, but not burglary and conversion arson, insider trading, and mail fraud, but not burglary and murder embezzlement, insider trading, and mail fraud, but not burglary and larceny None of the above Source: 10. The exclusionary rule is designed to protect individual's constitutional rights under the ___________________ amendments of the United States Constitution more so that the __________________ amendments. a) b) c) d) e) f) 4th and 8th / 5th and 6th 4th and 6th / 5th and 8th 5th and 8th / 4th and 6th 4th and 5th / 6th and 8th 1st and 4th / 4th and 6th None of the above Source:
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