Deck 9: Legal Controls: the Criminal Justice, Regulatory, and Civil Justice Systems

Question 1

Discuss why no-prosecution and deferred prosecution agreements (N/DPAs) are controversial.

Answer 1

Three major problems: 1. Most of the agreements fail to achieve meaningful structure or ethical reform within the company.
2. Their emergence has led to lower quality of enforcement compared to quantity.
3. They undermine the separation of powers by turning the prosecutor into the judge and jury. The benefits are:
1. They gain leverage and control over the company to ensure better compliance.
2. They are versatile and flexible.
3. They offer greater certainty and finality over other legal options, and are preferred by firms.

Question 2

Discuss why civil law is used more to prosecute white-collar crimes than criminal law.

Answer 2

Civil law requires a lower standard of evidence to prove responsibility for the crime; defendants have fewer legal and due process protections, so it is easier to demand documents and other evidence from them; increases pressure for defendants to settle (through the use of fines, etc); individuals involved can still be sued and sanctioned through civil law

Question 3

Both the criminal justice and regulatory systems have their advantages and disadvantages when it comes to controlling the wrongful behavior of corporations. An advantage that the regulatory system has over the criminal justice system is:

A) Greater deterrent power
B) Specialized expertise
C) It is less likely to be influenced by political or economic interests
D) The ability to satisfy society's need for symbolic justice

Answer 3

B

Question 4

An advantage that the criminal justice system has over the regulatory system as a way of controlling corporate crime is:

A) Specialized expertise
B) Greater flexibility in sanctioning
C) Greater deterrent power
D) Fewer legal constraints

Question 5

White-collar crimes are difficult to prosecute because:

A) Attorneys have to prove that the offender had criminal intent
B) The offender has the appearance of legitimacy in white-collar cases
C) The attorney must prove the case beyond a reasonable doubt
D) All of the above
E) None of the above

Question 6

The white-collar defendant's state of mind is often a contested issue in court.

Question 7

Criminal law is more successful at prosecuting corporations - not individuals - in white-collar crimes.

Question 8

The government typically prosecutes ______ companies.

A) Large
B) Established
C) Newer

Question 9

If a company complies with the conditions of a N/DPA (non-prosecution/deferred prosecution agreement), it can avoid criminal indictment.

Question 10

______ refer to agreements between the prosecution and offender where the prosecution agrees not to prosecute a case or to defer prosecution under a specific set of conditions.

A) Non-prosecution and deferred prosecution agreements (N/DPAs)
B) No drop agreements
C) Mandatory minimum agreements

Question 11

The goal of civil law is different from that of criminal law.

Question 12

Civil law is ______ to use than criminal law in most white-collar cases.

A) Easier
B) Harder

Question 13

The ______ requires that proof beyond a reasonable doubt be met in order to prosecute an offender.

A) Civil law
B) Criminal law

Question 14

The regulatory justice system:

A) Monitors and controls behaviors of economic institutions
B) Only oversees environmental white-collar crimes
C) Controls the U.S. port system
D) All of the above
E) None of the above

Question 15

The book mentioned three aspects of the regulatory system as particularly important, compared to the criminal justice system. Which was not mentioned?

A) Proactive nature of the regulatory system
B) Fewer legal constraints of the regulatory system
C) Focus on corporations in the regulatory system
D) Specialized expertise of the regulatory system

Question 16

The regulatory system is more proactive and preventative than the criminal justice system.