Exam1BusinessLaw5Crimes - Robert W Bartels Business Law 5...

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Robert W Bartels Bartels 1 Business Law 5 \ 3073 Mr. Richard Mednick Monday 18:00 hrs to 22:00 hrs BUS3201 Exam #1 Questions \ Crimes: CRIMES True-False--Circle T for true or F for false. T F 1. At a preliminary hearing in a felony case, the prosecutor must prove, beyond a reasonable doubt, that the accused committed the crime with which he is charged. T F 2. The famous Miranda warnings are not set forth in the express language of the U.S. Constitution. T F 3. Persons who subscribe to the utilitarian view of the criminal sanction believe that prevention of socially undesirable behavior is the only proper purpose of criminal penalties. T F 4. The First Amendment poses no restrictions on the government's ability to criminalize expressive conduct, though it does limit the government's ability to criminalize written or spoken statements. T F 5. Any warrant less search by law enforcement personnel violates the Fourth Amendment. T F 6. A corporation may be held criminally liable for the crimes of its employees if they were acting within the scope of their employment and for the benefit of the corporation, even though their acts contravened corporate policy or instructions. T F 7. A defendant's voluntary intoxication may provide him a complete defense to criminal liability . T F 8. If behavior X has not previously been illegal in State Y, but State V's legislature enacts a statute that takes effect on January 1,2001 and purports to criminalize any exercise of behavior X on January 1,2001 or thereafter, the statute is vulnerable to attack as an ex post facto law. T F 9. A corporation cannot prevent the use of corporate records in a criminal prosecution against it by asserting a Fifth Amendment privilege against self- incrimination. T F 10. Despite the prevalence of computers in our society, very few states have enacted special statutes dealing with computer crime.
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Robert W Bartels Bartels 2 CRIMES Multiple Choice--Circle the best answer. 11. Sleazeco, Inc. employee Harold Hapless died after several weeks of exposure to certain toxic chemical fumes at the Sleazeco plant. The chemicals were in open vats and could not reasonably be avoided by Hapless and other Sleazeco employees. The local prosecutor filed criminal charges against Sleazeco, its president, and its plant manager in connection with Sleazeco's death. The prosecutor alleges that Sleazeco's president and plant manager knew of the dangerous nature of the fumes but neither warned Hapless and other Sleazeco
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This note was uploaded on 11/07/2009 for the course MGT 3453 taught by Professor David during the Spring '09 term at Oklahoma State.

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Exam1BusinessLaw5Crimes - Robert W Bartels Business Law 5...

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