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Melvin - Chapter 22 #34Topic: Fraud35.(p. 567)Peter and Paul are business associates. The police enter the business with a search warrant because Peter is under investigation for a crime. When the police ask Paul to answer some questions he agrees but one ofthe questions, if answered, might make him culpable also. Paul must answer the question because he is not under investigation and does not therefore currently have the right against self incrimination. FALSEThe Fifth Amendment right against self-incrimination is available to everyone whether currently under investigation or not.AACSB: Reflective ThinkingBlooms: EvaluateDifficulty: HardLearning Objective: 22-08 Name and explain the various constitutional procedural protections afforded to those accused of a crime.Melvin - Chapter 22 #35Topic: Self-Incrimination36.(p. 570)If a defendant is found guilty in a criminal trial, they may not appeal due to double jeopardy. FALSEIt is not double jeopardy for a defendant to request an appeal.AACSB: Reflective ThinkingBlooms: UnderstandDifficulty: MediumLearning Objective: 22-07 Explain the steps in the criminal justice system.Melvin - Chapter 22 #36Topic: Double Jeopardy
37.(p. 567)Courts have been very reluctant to extend reasonable expectations of privacy rights to the workplace. TRUECourts treat privacy rights regarding businesses differently and with a lower standard than private citizen rights, particularly if the business is regulated.AACSB: AnalyticBlooms: UnderstandDifficulty: MediumLearning Objective: 22-08 Name and explain the various constitutional procedural protections afforded to those accused of a crime.Melvin - Chapter 22 #37Topic: Searches of Businesses38.(p. 553)The Model Penal Code specifically states that those exhibiting a sociopathic personality disorder are not eligible to claim a mental incapacity defense to a criminal charge. TRUESociopathic personality disorders are not considered a mental disease or defect eligible for a mental incapacity defense.AACSB: AnalyticBlooms: ApplyDifficulty: HardLearning Objective: 22-04 Articulate the underlying tenets of criminal law and requirements for criminal liability.Melvin - Chapter 22 #38Topic: Defenses39.(p. 566)If the police fly over your home with a helicopter and observe your activities using binoculars or a telephoto lens, this would constitute an illegal search if done without a warrant. FALSESince binoculars and telephoto lenses are readily available to the general public this would not be an illegal search.AACSB: Reflective ThinkingBlooms: AnalyzeDifficulty: HardLearning Objective: 22-08 Name and explain the various constitutional procedural protections afforded to those accused of a crime.Melvin - Chapter 22 #39Topic: Plain View Doctrine
40.(p. 550)The Model Penal Code has been adopted by only about half of the states.