White Collar Final 2

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According to the text, many of the worst white collar crimes were committed by the...

powerful who did not have incentives to impose formal controls on their own predatory practices

Adam Smith took the position that the free market and not the legal system is the...

best and most efficient means for preventing or minimizing harmful conduct by businesses

The proper lines of demarcation between acceptable and unacceptable practics have...

not been self-evident to all application of criminal laws to harms committed by businesses

Traditionally, the mechanisms of social control have...

focused on individuals

The first known laws directed at commercial transactions date back to...

ancient Mesopotamia

Laws protecting consumers and prohibiting unfair market practices gradually emerged in...

England in the feudal and late medieval periods

The famous Carrier's case of 1473 in England provided a foundation for the...

modern law of theft, and a precedent for laws prohibiting employee theft

In the 17th and 18th century employee theft, embezzlement, and related acts became the...

targets of specific criminal laws

The text characterizes the 19th century in America as a period during which...

contradictory forces allowed businesses and enterprises much freedom, but certain harmful business practices were addressed by the law

The view that law in a capitalist society reflects the direct control of the elite class over the state is most consistent with...

Instrumentalist perspectives

The view that white collar crime law is implemented by the state because it helps sustain the system and "legitimates" the state in the eyes of the general population is most consistent with...

Structuralist perspectives

The laws adopted in the early 20th century which regulated the meat industry but were also supported by the large meatpackers are especially well-explained by the...

Dialectical perspectives on lawmaking

According to the text, the primary reason businesses support regulatory law is bcause they...

realize that they can benefit from an increase in public trust and a more stable and predictable business environment

The Commerce Clause, which authorized Congress to make laws regulating commerce between the states, is an example of...

Constitutional law

The Fourteenth Amendment was originally introduced in the 19th century to...

protect recently emancipated slaves

Case law is the product of...

appellate court opinions

The Sarbanes-Oxley Act of 2002 called for...

increased oversight duties for corporate fraud, and required corporate executives to personally certify corporate financial statements

A Presidential pardon, which is an executive branch power, was the reason...

Richard Nixon was not charged and tried for offenses related to the Watergate scandal

Administrative agencies have...

broad policy-making powers

Administrative agencies can be best described as...

operating like a mixture of the executive, legislative, and judicial branches

The Administrative Procedure Act, enacted in 1946...

was intended to impose some constraints on administrative agency powers, and provide guidelines for its procedures

The overriding objective of antitrust law is to..

abolish monopolies and insure competition

The Sherman Act passed in 1890 was the...

single most famous antitrust act

Protective legislation for working conditions was principally adopted...

after 1970

The Racketeer Influenced and Corrupt Organization (RICO) Act hs been...

applied to a range of white collar offenders

White collar crime has been an especially dynamic area of law...

since the 1970s

According to John Coffee, criminal law differs from civil law in that...

criminal laws are legislative acts, but the civil law is largely judge-made

Corporate criminal liability is largely...

a 20th-century phenomenon

The doctrine of ultra vires held that...

corporations cannot be held responsible for executive actions not authorized by their corporate charter

Aggregated fault holds a corporation quite directly responsible for harmful consequences when it can be shown that...

the collective actions of various corporate managers and employers taken together establishes responsibility

The respondeat superior rule does not...

ascribe corporate criminal responsibility when an agent has personally profited from the crime

Establishing that the corporate actors who carried out the illegal activity were at a high enough level to be said to be acting for the corporation is a...

prosecutorial problem under the identification theory, which requires proof of higher authority if the corporation itself is to be held liable

According to the text, in countries with a civil law system...

the corporation has traditionally been seen as an aggregate of individuals

The imputation theory, which holds that the...

corporation is liable for the intent and acts of its employees on any level in the corporate hierarchy, was originally developed via tort law

Federal criminal prosecutions in white collar crime cases are...

initiated by the Department of Justice or U.S. Attorneys

During the half-century period in which Edgar Hoover was its director, the F.B.I. directed...

rather little attention to white collar crime

The Inspectors General are attached to a variety of government departments and agencies, and...

conduct internal audits and investigations

The U. S. Postal Inspection Service is most likely to be involved with...

investigating Contrepreneurial types of crime

The U. S. Secret Service is most likely to be involved with investigating white collar crimes that involve...

counterfeiting of U.S. currency

The U. S. Marshals Service is given the authority to...

pursue and capture white collar crime fugitives

The Internal Revenue Service pursues only a...

very small proportion of cases as criminal cases

The Internal Revenue Service has used its criminal investigative division's forensic crime lab to...

help solve many white collar crimes

U.S. Marshals also have the responsibility of...

disposing of seized assets in white collar crime cases

The Interstate Commerce Commission was the first federal regulatory agency specifically directed toward...

overseeing potentially harmful corporate activity

The first major period of federal regulatory expansion at the beginning of the 20th century was...

inspired by populist sentiments against the abuses of big businesses

Ronald Reagan was most associated with a...

movement towards deregulation of the market

Corporate offenders who are viewed as deliberately breaking laws to maximize profit are...

regarded by agency personnel as amoral calculators

When regulatory agency officials with a pro-industry bias are appointed to office, or can anticipate lucrative private industry careers following government service, the situation is known as...

agency capture

Yeager's study of the Environmental Protection Agency found evidence of a...

strong structural bias in the regulatory process which favors larger, more powerful corporations

A basic limitation on the effectiveness of the Food and Drug Administration (FDA) is that...

it often does not carry out tests directly

Preventing unfair competition and anticompetitive mergers is the basic rationale for the...

Federal Trade Commission

The Security and Exchange Commission (SEC) was founded as a...

response to the 1929 stock market crash

The Environmental Protection Agency was accused of...

scandalous misconduct during the Reagan administration, leading to the criminal conviction and imprisonment of a political appointee to the agency

The Environmental Protection Agency's reach...

expanded significantly during the 1970s

The Occupational Safety and Health Administration is...

one of the most controversial federal regulatory agencies

During the Reagan era of the 1980s, the OSHA relied...

most heavily on inspections

Private policing is often oriented toward...

avoiding criminal prosecution of matters it investigates

When accountants, lawyers, and other parties fail to prevent corporate crime its referred to as...

gatekeeper failure

The American Bar Association standards on legal ethics appear to...

simultaneously prohibit attorney participation in client misconduct while discouraging attorney investigation of client activities

Since the 1980s, government prosecutors have...

more aggressively pursued the position that lawyers who advised clients engaged in on-going massive frauds are themselves responsible

The traditional standard for auditors is they are responsible for...

detecting managerial misrepresentations that would produce misleading financial statements, if detected by generally accepted auditing practices

Self-regulation plays an especially important role in...

the professions

Most local prosecutors handle...

only a few white collar crime cases per year

The combination most likely to lead to criminal prosecution of white collar crime, according to a survey cited in the text, is...

individual defendants, organizational victims, and multiple offenses or a large number of victims

The prosecution of corporate and business crime seems to occur most readily in...

economically strong communities

State attorney generals primarily prosecute white collar crime cases involving...

individual defendants engaged in fraudulent transactions

In the Ford Pinto case the Ford corporation was prosecuted...

unsuccessfully by a county prosecutor

In the relatively few cases in which state prosecutors pursue corporations, they often do so in a...

cooperative venture with local and federal prosecutors in a process known as cross designation

The primary responsibility for pursuing major white collar crime cases is assumed by...

Federal prosecutors

The prosecution of white collar crime cases became a much greater priority for the U.S. Department of Justice beginning in...

the1970s

The Republican presidential administrations of Ronald Reagan and George Bush, Sr., showed...

little commitment to prosecuting white collar crime

Federal agencies are sometimes reluctant to refer cases to the Justice Department because it...

suggests a failure on the agency's part, and may not lead to a successful resolution

In the text, the SEC is likely to...

make referrals for criminal prosecution in cases involving foreign investors

Watergate was a major inspiration for the formal creation of...

the special prosecutor's (independent counsel's) office

Claiming, "I only give orders, I don't carry them out," characterizes a...

"reverse Nuremberg" defense

Legal fees in white collar crime cases may in certain circumstances...

render the attorney vulnerable to criminal prosecution

Plea bargaining in white collar crime cases tends to be...

less cooperative negotiation and more adversarial confrontation as compared to conventional crime cases

White collar crime defendants are more likely to plead not guilty and...

go to trial than defendants in conventional crime cases

Jurors in white collar crime cases are likely to be most sympathetic to...

defendants most like themselves

The problem of jury competence appears to be more pronounced in...

white collar crime cases than in conventional crime cases

The conviction of the Enron accounting firm for obstruction of justice was overturned by the U.S. Supreme Court because...

the judge made a mistake when explaining important issues to the jury

According to the text, in some rare cases, judges may override a jury finding of guilty if...

they conclude the jury has misunderstood the evidence

Judges have traditionally been reluctant to...

impose tough prison sentences on convicted white collar defendants

White collar criminals are considerably less likely to...

go to prison than conventional offenders, and are likelier to receive shorter sentences

According to some studies of the relationship between class status and sentencing outcomes in white collar crime cases have shown that...

higher-status offenders appear to receive more severe sentences than lower-status offenders

Regard fines imposed upon organizational offenders, in many cases the fine is...

evaded, or has no substantial impact on the operation of the corporation

Sentencing guidelines with regards to white collar crime seem to favor...

white collar crime defendants, relative to conventional crime defendants

White collar offenders are most often...

incarcerated in minimum security prisons

A substantial majority of product liability and medical malpractice cases are...

won by defendants

Calls for criminologists to focus on public policy concerns best represents the definition of...

public criminology

Normative responses to white collar crime appeal to...

reason or offer practical inducements

The text suggests that the most enduring and effective solution to white collar crime is likely to be...

structural, normative, and preventive

The text suggests that the responses to white collar crime are likely to be more effective if...

they are driven by an appropriate mix of moral and practical considerations

A code of ethics is the single most common element of...

corporate ethics programs

John Braithwaite has argued that...

shaming can be an effective general response to crime if it is reintegrative

Community service is characterized as...

having a mixture of positive and negative elements

The use of the criminal law to respond to white collar crime has been criticized by some as...

either inappropriate or ineffective

In the second half of the 20th century, class action lawsuits were...

permitted in certain cases and have become a significant device for responding to some white collar crimes

Pressuring companies into going beyond compliance by engaging in socially desirable actions describes the...

"social license" approach to corporate crime

Certainty is apparently the most important deterent in...

terms of effectiveness

A "just deserts" approach to white collar crime is traditionally associated...

with retribution, and conveys social condemnation

White collar crime is typically viewed as...

an instrumental or rational crime, and accordingly more deterrent-prone than conventional crime

With regard to the deterrence of crimes of corporations there are...

some fundamental interpretive disagreements on whether corporations can be easily deterred

Probation is a penal option which has traditionally been...

applied to individuals, but has more recently been applied to organizations

According to Christine Parker in the text, support for compliance programs is influenced by...

whether or not the corporation thinks the relevant laws are morally justified and widely supported

Occupational disqualification is likely to have...

especially devastating consequences for professional occupations

Prosecutors can often secure cooperation more effectively when they...

have the option of prosecuting both the organization and individual executives

Scandinavian has been especially proactive in...

addressing white collar crime

According to the text, the most serious challenge to state-corporate crime may...

ultimately require a transformation of the political economy

According to the text, a substantial response to major state crime would...

ideally involve effective international tribunals

According to the text, reforms such as new laws, different sanctions, and innovative educational programs, meant to...

reduce white collar crime are likely to have only limited effect

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