ANSWERS-CH05 - According to the Supreme Court the statutory...

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CHAPTER 5 CRIMES ANSWERS TO CHAPTER 5 True-False Multiple Choice 1. F 2. T 3. F 4. F 5. F 6. T 7. T 8. T 9. F 10. T 11. a 12. c 13. a 14. d 15. d 16. d 17. b 18. c 19. b 20. b Short Essay 21. Purposes of the criminal sanction include (1) deterrence, which holds that the threat or imposition of punishment will deter the commission of crimes through special deterrence or general deterrence. Other theories include rehabilitation of offenders, retribution (infliction of suffering on violators of society’s rules) and education. Answers to Student Study Guide and Workbook Questions 10
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22. Foolery's case appears to be properly before the court. Although RICO may serve as the basis of a criminal prosecution, the Supreme Court has held that the plaintiff in a civil RICO suit is not required to allege or prove that the defendant was criminally convicted of a predicate offense. Moreover, even though RICO's title contains the words "Racketeer Influenced," the statute employs very broad language.
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Unformatted text preview: According to the Supreme Court, the statutory language is not limited to the organized crime context. RICO has therefore been used to attack various sorts of alleged business fraud that have no connection with "the mob." Securities firms have been among the targets of these suits in recent years. 23. Neither Sham nor Alterego is entitled to resist the subpoena on Fifth Amendment grounds. Sham cannot do so because corporations do not have a Fifth Amendment privilege against self-incrimination. With Sham not having any Fifth Amendment privilege, Alterego is not allowed to use any personal right to prevent the disclosure of the corporate records of which he has custody, even though the records might tend to incriminate him. Answers to Student Study Guide and Workbook Questions 11...
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