Test Bank Ch.14 Judicial Proceedings And White-Collar Crime

Chapter 14: Judicial Proceedings and White-Collar Crime

Test Bank

Multiple Choice

1. Which of the following proceedings could possibly result in a cease and desist

order?

1. bar association proceedings
2. civil proceedings
3. workplace-disciplinary proceedings
4. trial proceedings

Learning Objective: 14-1: Discuss the types of proceedings through which white-collar crimes are tried or resolved.

Cognitive Domain: Comprehension

Answer Location: Types of Judicial Proceedings Responding to White-Collar Misconduct

Difficulty Level: Medium

1. What is one reason judges use to justify giving white-collar offenders shorter

sentences?

1. They do not want to cause additional harm to offender’s family.
2. Shorter sentences provide offenders with the chance to move into higher

positions in their company.

1. Shorter sentences put offenders in a better position to not re-offend.
2. Offenders would not be able to handle the prison system.

Learning Objective: 14-2: Describe how judges address white-collar cases in the courtroom.

Cognitive Domain: Comprehension

Answer Location: The Role of Judges in Addressing White-Collar Crime

Difficulty Level: Medium

1. Which trend is accurate regarding the guidelines that judges follow when

sentencing convicted offenders?

1. upwards from the guidelines in cases where vulnerable groups are targeted
2. downward from the guidelines when the harm is only monetary
3. upwards from the guidelines for computer criminals
4. downward from the guidelines when officials abuse trust

Learning Objective: 14-2: Describe how judges address white-collar cases in the courtroom.

Cognitive Domain: Comprehension

Answer Location: The Role of Judges in Addressing White-Collar Crime

Difficulty Level: Medium

1. Which of the following is a decision made by the prosecutor in a white-collar

case?

1. charges to file against the offender
2. whether or not to arrest an offender
3. which judge should preside over a case
4. whether an offender should be jailed until trial

Learning Objective: 14-3: Describe the factors prosecutors consider when determining which white-collar cases to prosecute.

Cognitive Domain: Comprehension

Answer Location: The Role of Prosecutors in Addressing White-Collar Crime

Difficulty Level: Medium

1. What key factors do prosecutors consider when deciding whether or not to

prosecute white-collar crimes?

1. strong defense attorneys with expertise in white-collar crime
2. resource issues such as time, funds, and staff necessary to prosecute
3. overload of traditional criminal cases
4. a belief that most white-collar crimes are not important

Learning Objective: 14-3: Describe the factors prosecutors consider when determining which white-collar cases to prosecute.

Cognitive Domain: Comprehension

Answer Location: Deciding Whether to Prosecute a White-Collar Crime Case

Difficulty Level: Medium

1. What is the alternative sanctions argument for choosing not to prosecute

a white-collar case?

1. Prosecutors can use less costly civil or administrative proceedings to

respond to white-collar offending.

1. Less complex white-collar crimes can be fastracked through the system rather

than prosecuted.

1. Prosecutors offer an alternative punishment to prison if an offender pleads

guilty, avoiding a lengthy prosecution.

1. Defense attorneys for an offender can suggest alternative sanctions to the

prosecutor for a plea of guilty.

Learning Objective: 14-3: Describe the factors prosecutors consider when determining which white-collar cases to prosecute.

Cognitive Domain: Comprehension

Answer Location: Deciding Whether to Prosecute a White-Collar Crime Case

Difficulty Level: Medium

1. At what level can any of the numerous statutes of the Racketeer Influenced

and Corrupt Organizations (RICO) Act be used to charge white-collar offenders?

1. federal level
2. state level
3. federal and state level
4. RICO Act does not apply to white collar offenders.

Learning Objective: 14-3: Describe the factors prosecutors consider when determining which white-collar cases to prosecute.

Cognitive Domain: Comprehension

Answer Location: Deciding Charges

Difficulty Level: Medium

8. Which element of a white-collar case is most difficult to establish for a

prosecutor?

1. burden of proof
2. Intent of the offender
3. the smoking gun that convinces juries
4. severity of the crime

Learning Objective: 14-3: Describe the factors prosecutors consider when determining which white-collar cases to prosecute.

Cognitive Domain: Comprehension

Answer Location: Deciding Whether to Prosecute a White-Collar Crime Case

Difficulty Level: Medium

9. Which charge is very commonly filed against white-collar offenders in

addition to their main criminal charge?

1. mail fraud
2. theft
3. interstate fraud
4. giving false statements

Learning Objective: 14-3: Describe the factors prosecutors consider when determining which white-collar cases to prosecute.

Cognitive Domain: Comprehension

Answer Location: Deciding Charges

Difficulty Level: Medium

10. Why do white-collar offenders choose a plea bargain agreement rather than go to trial?

1. to avoid the stigma of a lengthy public trial
2. to be able to keep offending
3. as a guarantee that they will not go to prison
4. to prevent having to make restitution for their crime

Learning Objective: 14-3: Describe the factors prosecutors consider when determining which white-collar cases to prosecute.

Cognitive Domain: Comprehension

Answer Location: Deciding About Plea Bargains

Difficulty Level: Medium

11. What is a common reason prosecutors are often reluctant to prosecute

corporations?

1. The corporations can hire expensive defense teams.
2. Cases are easier to prove and win against individuals.
3. The time and resources put into cases against corporations aren’t worth it.
4. Prosecutors don’t want to punish innocent shareholders and workers.

Learning Objective: 14-3: Describe the factors prosecutors consider when determining which white-collar cases to prosecute.

Cognitive Domain: Comprehension

Answer Location: Deciding Whether to Charge Corporations

Difficulty Level: Medium

12. Why do prosecutors decide to prosecute corporations despite the headache?

1. They want to protect the interests of shareholders and workers.
2. Larger companies that communities rely on must be held accountable for

their actions so as not to take advantage of communities’ trust.

1. Corporate crimes cause more severe harm than other crimes.
2. Corporate crimes hurt the economy.

Learning Objective: 14-3: Describe the factors prosecutors consider when determining which white-collar cases to prosecute.

Cognitive Domain: Comprehension

Answer Location: Deciding Whether to Charge Corporations

Difficulty Level: Medium

13. What right that is granted to individuals during trial is not granted to corporations?

1. self-incrimination
2. a speedy trial
3. trial by jury
4. confronting their accuser

Learning Objective: 14-4: Summarize the strategies defense attorneys and white-collar offenders might use during a trial.

Cognitive Domain: Knowledge

Answer Location: Deciding Whether to Charge Corporations

Difficulty Level: Easy

14. What is one way establishing intent differs for corporations than for white-collar offenders?

1. Prosecutors have witnesses to the extent of the offending.
2. It is demonstrated through uncovering evidence of conspiracies.
3. The corporation confesses to the offending.
4. The CEO agrees to cooperate to find the offenders.

Learning Objective: 14-3: Describe the factors prosecutors consider when determining which white-collar cases to prosecute.

Cognitive Domain: Comprehension

Answer Location: Deciding Whether to Charge Corporations

Difficulty Level: Medium

15. Which defense focuses on the defendant’s lack of knowledge or intent, but also includes a clause called the “ostrich instruction” that voids the defense if the defendant was ignoring behavior they should have been monitoring?

1. good faith defense
2. lack of fraudulent intent defense
3. ignorance defense
4. reliance on advice from counsel defense

Learning Objective: 14-4: Summarize the strategies defense attorneys and white-collar offenders might use during a trial.

Cognitive Domain: Comprehension

Answer Location: The Role of Defense Attorneys in White-Collar Crime Cases

Difficulty Level: Medium

16. If a defense attorney did not view a white-collar defendant in a favorable

light, what strategy might they use when building their case?

1. process-oriented defense strategy
2. discovery-oriented defense strategy
3. client-oriented defense strategy
4. organizational-oriented defense strategy

Learning Objective: 14-4: Summarize the strategies defense attorneys and white-collar offenders might use during a trial.

Cognitive Domain: Comprehension

Answer Location: The Role of Defense Attorneys in White-Collar Crime Cases

Difficulty Level: Medium

17. In order to use a due diligence defense, a corporation must prove it did all that it could to follow the law by showing the court which of the following?

1. proof that a rogue employee committed the crime
2. an established compliance program and compliance messages sent to

employees

1. employees were rewarded for consistently being in compliance
2. there was very little harm done by the offense

Learning Objective: 14-3: Describe the factors prosecutors consider when determining which white-collar cases to prosecute.

Cognitive Domain: Comprehension

Answer Location: Deciding Whether to Charge Corporations

Difficulty Level: Medium

18. Because of the secretive nature of white-collar crimes, which type of witness

is there likely to be less of in a trial?

1. government witnesses
2. cooperating witnesses
3. lay witnesses
4. character witnesses

Learning Objective: 14-5: Describe other participants in judicial proceedings and the roles they play.

Cognitive Domain: Knowledge

Answer Location: Witnesses

Difficulty Level: Easy

19. What is a common strategy for most white-collar defendants?

1. They deflect blame on others.
2. They take responsibility for their actions, but plead for leniency.
3. The portray themselves as caught in the wrong place at the wrong time.
4. They use their Fifth Amendment right.

Learning Objective: 14-4: Summarize the strategies defense attorneys and white-collar offenders might use during a trial.

Cognitive Domain: Comprehension

Answer Location: The Role of White-Collar Defendants

Difficulty Level: Medium

20. How does a white-collar trial differ from a traditional criminal trial?

1. A lot of traditional trials have multiple defendants, but white-collar trials have

only one defendant, even if it is one corporation.

1. Criminal trials are more stressful for the defendant.
2. White-collar trials are longer in length than most traditional criminal trials,
3. Traditional criminals are defended by one lawyer.

Learning Objective: 14-4: Summarize the strategies defense attorneys and white-collar offenders might use during a trial.

Cognitive Domain: Comprehension

Answer Location: The Role of White-Collar Defendants

Difficulty Level: Medium

21. Which of the following describes the victim’s role in the white-collar crime judicial process?

1. Victims are extremely involved throughout the entire process.
2. Victims, especially if the victim is a corporation, help to pay for prosecution

costs.

1. Victims have no role in the judicial process other than referring the case to

authorities.

1. Victims can now participate in the allocution process and speak at sentencing

hearings.

Learning Objective: 14-1: Discuss the types of proceedings through which white-collar crimes are tried or resolved.

Cognitive Domain: Comprehension

Answer Location: The Role of Victims in White-Collar Judicial Proceedings

Difficulty Level: Medium

22. How is a qui tam lawsuit different than most other civil cases?

1. a business is the plaintiff
2. multiple plaintiffs are involved
3. the government is the plaintiff
4. an individual is suing a corporation on behalf of the government

Learning Objective: 14-6: Explain how civil lawsuits are used as a way to deal with white-collar offenders.

Cognitive Domain: Comprehension

Answer Location: Civil Lawsuits and White-Collar Crime

Difficulty Level: Medium

23. What are current opinions about networking and the judicial process concerning white-collar cases?

1. Networking between agencies has made tremendous strides in recent years.
2. Agencies are willing to share information, but don’t help to get the information

where it needs to be.

1. Lack of collaboration can lead to some cases never being prosecuted.
2. Sharing information between agencies has led to more white-collar

prosecutions.

Learning Objective: 14-7: Summarize the issues that relate to white-collar crime and the judicial process.

Cognitive Domain: Application

Answer Location: Networking and the Judicial Process

Difficulty Level: Medium

24. Why might class bias give an advantage to the white-collar defendant?

1. White-collar offenders, whether individuals or corporations, are able to hire

the best legal teams necessary.

1. Criminal justice officials focus on lower-level white-collar cases that are

winnable and require fewer resources.

1. Corporate crime requires a large prosecution team.
2. High-stakes white-collar crime requires many agencies to work together,

which is hard to achieve.

Learning Objective: 14-7: Summarize the issues that relate to white-collar crime and the judicial process.

Cognitive Domain: Comprehension

Answer Location: Class Bias

Difficulty Level: Medium

25. Parallel proceedings may be necessary for which of the following reasons?

1. It does not violate double jeopardy.
2. It may be necessary to respond to cases that are especially serious.
3. The defendant requests both proceedings occur at the same time to prove

innocence.

1. The judge wants to handle both cases related to an offender’s

crime and decides to try them simultaneously.

Learning Objective: 14-7: Summarize the issues that relate to white-collar crime and the judicial process.

Cognitive Domain: Comprehension

Answer Location: The Use of Parallel Proceedings

Difficulty Level: Medium

True/False

1. Employees can be punished by their corporations for filing a lawsuit against

them.

Learning Objective: 14-6: Explain how civil lawsuits are used as a way to deal with white-collar offenders.

Cognitive Domain: Comprehension

Answer Location: Civil Lawsuits and White-Collar Crime

Difficulty Level: Medium

1. Some criminologists believe that juries are harsher than judges in determining

guilt and handing out penalties.

Learning Objective: 14-5: Describe other participants in judicial proceedings and the roles they play.

Cognitive Domain: Comprehension

Answer Location: Jurors

Difficulty Level: Medium

1. Judges fail to take the offender’s family into account when making sentencing

decisions.

Learning Objective: 14-2: Describe how judges address white-collar cases in the courtroom.

Cognitive Domain: Comprehension

Answer Location: The Role of Judges in Addressing White-Collar Crime

Difficulty Level: Medium

1. Only those involved in organized crime groups, like the mafia, can be charged

under the Racketeer Influenced and corrupt Organizations Act.

Learning Objective: 14-3: Describe the factors prosecutors consider when determining which white-collar cases to prosecute.

Cognitive Domain: Comprehension

Answer Location: Deciding Charges

Difficulty Level: Medium

1. Inadequate laws addressing white-collar offending are one indicator of class

bias in the judicial response to white-collar crime.

Learning Objective: 14-5: Describe other participants in judicial proceedings and the roles they play.

Cognitive Domain: Comprehension

Answer Location: Class Bias

Difficulty Level: Medium

1. Cooperating witnesses are trained to share information that best reflects

the government and prosecution’s interests.

Learning Objective: 14-5: Describe other participants in judicial proceedings and the roles they play.

Cognitive Domain: Comprehension

Answer Location: Witnesses

Difficulty Level: Medium

1. The physical appearance of an expert witness is taken into account when

hiring a scientist to testify in a white-collar trial

Learning Objective: 14-5: Describe other participants in judicial proceedings and the roles they play.

Cognitive Domain: Comprehension

Answer Location: Witnesses

Difficulty Level: Medium

1. Victims have an extremely limited role in white-collar case proceedings.

Learning Objective: 14-5: Describe other participants in judicial proceedings and the roles they play.

Cognitive Domain: Comprehension

Answer Location: The Role of Victims in White-Collar Judicial Proceedings

Difficulty Level: Medium

1. Prosecutors use deferred prosecution agreements to allow corporations to

not be prosecuted at all for their crimes based on the corporation's agreement to certain conditions.

Learning Objective: 14-3: Describe the factors prosecutors consider when determining which white-collar cases to prosecute.

Cognitive Domain: Comprehension

Answer Location: Deciding Whether to Defer Prosecution

Difficulty Level: Medium

1. A civil case involving fraud is considered a tort lawsuit.

Learning Objective: 14-6: Explain how civil lawsuits are used as a way to deal with white-collar offenders.

Cognitive Domain: Comprehension

Answer Location: Civil Lawsuits and White-Collar Crime

Difficulty Level: Medium

Short Answer

1. What two actions can result from an administrative proceeding?

Learning Objective: 14-1: Discuss the types of proceedings through which white-collar crimes are tried or resolved.

Cognitive Domain: Comprehension

Answer Location: Types of Judicial Proceedings Responding to White-Collar Misconduct

Difficulty Level: Medium

1. What are the three factors that influence a judge’s decision making when

giving softer punishments to white-collar offenders?

Learning Objective: 14-2: Describe how judges address white-collar cases in the courtroom.

Cognitive Domain: Analysis

Answer Location: The Role of Judges in Addressing White-Collar Crime

Difficulty Level: Medium

3. What are four decisions in the judicial process of a white-collar case that

are made by the prosecutor?

Learning Objective: 14-3: Describe the factors prosecutors consider when determining which white-collar cases to prosecute.

Cognitive Domain: Analysis

Answer Location: The Role of Prosecutors in Addressing White-Collar Crime

Difficulty Level: Medium

1. List and define two common defenses used by defense attorneys in

white-collar cases.

Learning Objective: 14-4: Summarize the strategies defense attorneys and white-collar offenders might use during a trial.

Cognitive Domain: Analysis

Answer Location: The Role of Defense Attorneys in White-Collar Crime Cases

Difficulty Level: Medium

1. List three differences between white-collar trials and traditional criminal trials.

Learning Objective: 14-4: Summarize the strategies defense attorneys and white-collar offenders might use during a trial.

Cognitive Domain: Comprehension

Answer Location: The Role of White-Collar Defendants

Difficulty Level: Medium

Essay

1. Compare an administrative proceeding versus a criminal proceeding in

white-collar crime cases.

Learning Objective: 14-1: Discuss the types of proceedings through which white-collar crimes are tried or resolved.

Cognitive Domain: Analysis

Answer Location: Types of Judicial Proceedings Responding to White-Collar Misconduct

Difficulty Level: Medium

1. Why do some experts believe judges tend to give softer punishments to

white-collar offenders?

Learning Objective: 14-2: Describe how judges address white-collar cases in the courtroom.

Cognitive Domain: Analysis

Answer Location: The Role of Judges in Addressing White-Collar Crime

Difficulty Level: Medium

1. Why are white-collar criminals more difficult to hold accountable in the

criminal justice system than traditional criminals?

Learning Objective: 14-3: Describe the factors prosecutors consider when determining which white-collar cases to prosecute.

Cognitive Domain: Analysis

Answer Location: The Role of Prosecutors in Addressing White-Collar Crime

Difficulty Level: Medium