CH6 T/F: Burden of Proof – Flashcards
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The prosecution in a criminal case need only establish by a preponderance of the evidence that the defendant committed the crime.
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F
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At a criminal trial, the burden of proof is on an accused person to prove his or her innocence.
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F
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Only public officials prosecute criminal defendants.
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T
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Criminal liability depends on the commission or omission of an act.
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T
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Criminal liability depends on a specific state of mind or intent.
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T
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If a person does not know that he or she is taking the property of someone else, the person cannot be convicted of theft.
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T
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Larceny relies on stealth while robbery relies on fear and force.
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Obtaining another person's phone card number so that it may be used to make unauthorized long-distance calls is theft.
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T
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Stealing computer time is not a crime.
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F
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Counterfeiting is forgery.
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T
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The recipient of stolen goods who does not know the identity of the owner or the thief has a defense to criminal liability.
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F
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Crimes occurring in a business context are popularly referred to as blue-collar crime.
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F
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Embezzlement is like robbery in that neither crime requires the use of force or fear.
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F
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Embezzlement can be committed only by physically taking property from the possession of another.
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F
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It is a sufficient defense to a charge of embezzlement that the embezzler intended to return the embezzled property eventually.
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F
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A bribe need not consist of money to be a crime.
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T
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Bribery is a crime only if the recipient does what the person offering the bribe asks.
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F
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It is a crime to use the mail to defraud the public.
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T
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Money laundering includes making "dirty" money appear to be the "profit" of a legiti¬mate business.
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T
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Forfeiture of a business interest and dissolution of a business are possible penalties under RICO.
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T
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Only white-collar crimes are prosecuted under RICO.
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F
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A crime punishable by imprisonment in a federal or state penitentiary for any period of time is a misdemeanor.
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F
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Some felonies are actually misdemeanors.
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F
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Voluntary intoxication is always a defense to criminal liability.
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F
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A person may not be responsible for a criminal act if, as a result of a mental defect, he or she did not appreciate the wrongfulness of the act.
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T
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A mistake of fact is a defense to criminal liability
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T
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Ignorance of the law is a defense to criminal liability.
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F
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Most crimes must be prosecuted within a certain period of time.
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T
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Corporations cannot be compelled to give testimony that might subject them to criminal liability.
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F
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Under the Fifth Amendment, there is no circumstance in which a person can be compelled to testify.
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F
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A criminal suspect does not have a right to remain silent.
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F
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A suspect who is told that she can remain silent is automatically protected from having her confession entered as evidence against her.
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F
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Under the exclusionary rule, all illegally obtained evidence must be included in any criminal prosecution.
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F
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Stealing computer data is not a crime.
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F
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Taking trade secrets without permission is not a crime if it is done online.
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T
