Deck 12: Responding to the Challenge of White Collar Crime

Question 1

Which of the following is not an advantage of positive sanctions?

A) They increase freedom of choice
B) They are less likely to be alienating
C) They can induce cooperation
D) They are likely to promote trust within an organization

Answer 1

D

Question 2

Which of the following best represents the definition of public criminology?

A) Calls for criminologists to appear on television
B) Calls for criminologists to focus on public policy concerns
C) Calls for criminologists to appear on radio shows
D) Calls for criminologists to focus on narrow research of interest to other criminologists

Answer 2

B

Question 3

Which of the following statements about the use of the criminal law to respond to white collar crime is true?

A) There is fairly uniform agreement that it is the most effective form of response
B) It is especially effective in response to corporate crime, as it was originally developed to deal with organizations
C) It has been less widely applied from the 1970s on
D) It has been criticized by some as either inappropriate or ineffective

Answer 3

D

Question 4

Which of the following is true of business ethics courses, and business ethics within the business world?

A) They have demonstrably improved business conduct greatly
B) They have demonstrably made no difference whatsoever in business conduct
C) They appear to have had limited positive as well as negative effects, but often do not affect business conduct in a fundamental way
D) They have been largely abandoned recently as pointless and counter-productive

Question 5

Which of the following arguments has not been made in favor of moral appeals to promote taxpayer compliance?

A) They are relatively inexpensive
B) They may reach some potential offenders who could not be reached in other ways
C) They are politically appealing
D) They are demonstrably more effective in all cases

Question 6

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

A) have decreased in their significance as a device to respond to white collar crime
B) did not play a more significant role as a device to respond to white collar crime than before
C) were permitted in certain cases and have become a significant device for responding to some white collar crimes
D) were rarely permitted

Question 7

With regard to the deterrence of crimes of corporations:

A) there is clear and compelling evidence that corporations are more effectively deterred than individuals
B) there is clear and compelling evidence that corporations are less effectively deterred than individuals
C) there are some fundamental interpretive disagreements on whether corporations can be easily deterred
D) there is widespread agreement that neither corporations nor individuals can be deterred on any level

Question 8

Which of the following is not a positive sanction?

A) Bounties
B) Tax credits
C) Fines
D) Praise

Question 9

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

A) driven wholly by moral outrage
B) driven wholly by practical considerations
C) driven by an appropriate mix of moral and practical considerations
D) driven by a thorough disregard for both moral and practical considerations

Question 10

A "just deserts" approach to white collar crime:

A) is closely associated with the notion of rehabilitating wrongdoers
B) is traditionally associated with retribution, and conveys social condemnation
C) is traditionally the most widely invoked basis for responding to corporate crime
D) is favored principally because it requires limited state resources to apply

Question 11

Which answer best describes the "social license" approach to corporate crime?

A) Pressures companies to form socially acceptable relationships with competitors
B) Pressures companies into going beyond compliance by engaging in socially desirable actions
C) Pressures companies to participate in fundraisers taking place in the surrounding community
D) Pressures companies to hold social events for the surrounding community

Question 12

John Braithwaite has argued that shaming can be an effective general response to crime if it is which of the following?

A) Stigmatizing
B) Reintegrative
C) Focused on individuals only
D) Isolating

Question 13

Which of the following is the single most common element of corporate ethics programs?

A) A code of ethics
B) A corporate criminologist on staff
C) Surveillance of employees
D) Regular business ethics course for corporate executives

Question 14

White collar crime is typically viewed as an __________ crime, and accordingly ________ deterrent-prone than conventional crime.

A) expressive; more
B) expressive; less
C) instrumental or rational; more
D) instrumental or rational; less

Question 15

Which of the following does not apply to the corporate social responsibility movement?

A) Programs may involve the voluntary adoption of ethical codes
B) Programs may involve submission to external auditing of corporate practices
C) Sometimes seen as principally a public relations gambit by corporations
D) Has been shown to be extremely effective after systematic evaluation over many years

Question 16

The text suggests that the most enduring and effective solution to white collar crime is likely to be which of the following?

A) individualistic, utilitarian, and retributive
B) structural, normative, and preventive
C) organizational, coercive, and incapacitative
D) structural, coercive, and retributive

Question 17

Which of the following would represent the least formal response to white collar crime?

A) Public opinion and popular shaming
B) Civil lawsuits
C) Administrative regulation
D) Criminal justice enforcement

Question 18

Which element of deterrence is apparently the most important in terms of effectiveness?

A) Certainty
B) Severity
C) Celerity
D) Uniformity

Question 19

Which of the following sanctions is characterized as having a mixture of positive and negative elements?

A) Licensure revocation
B) Community service
C) Incentives
D) Confiscation

Question 20

Responses to white collar crime which appeal to reason or offer practical inducements are which of the following?

A) Normative
B) Utilitarian
C) Coercive
D) Structural

Question 21

According to the text, the most serious challenge to state-corporate crime may ultimately require which of the following?

A) Very substantial fines
B) Some legal reforms
C) Prosecutorial autonomy
D) A transformation of the political economy

Question 22

The use of fines in response to corporate crime has been especially favored by which of the following?

A) Reactionaries
B) Conservatives
C) Liberal moralists
D) Progressives or radicals

Question 23

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

A) whether or not the corporation thinks the relevant laws will be effective
B) whether or not the corporation thinks the relevant laws will hinder profits
C) whether or not the corporation thinks the relevant laws are morally justified and widely supported
D) whether or not the corporation thinks the relevant laws will increase employee morale

Question 24

Which of the following has not been cited as a concern using fines as a penal measure for white collar crime?

A) If excessive, they may inhibit corporate managers from undertaking socially beneficial activities
B) If too low, they may be treated as a "cost of business"
C) They are not likely to be cost-efficient for the justice system
D) They may strip the punishment of corporations of any serious moral component

Question 25

According to the text, a substantial response to major state crime would ideally involve which of the following?

A) Effective international tribunals
B) Independent judges
C) Stiff prison sentences
D) Giving more power to local prosecutors

Question 26

Which of the following is a basic rationale for prosecuting and punishing corporations, rather than individual executives?
A) Only organizations, not individuals, can be deterred

A) Legal responsibility for crimes always lies ultimately with the corporation
B) Organizations are less able to compensate victims than are individual executives
C) Prosecutors can often secure cooperation more effectively when they have the option of prosecuting both the organization and individual executives

Question 27

According to the text, which of the following is true of reforms such as new laws, different sanctions, and innovative educational programs, meant to reduce white collar crime?

A) They cannot be implemented
B) They have been successfully implemented abroad
C) They are likely to have only limited effect
D) They are likely to significantly reduce the problem

Question 28

Conservative critics tend to claim that the failure of the government to take strong
action and adopt new laws in response to such problems as the savings and loan
failures causes a great deal of harm.

Question 29

Probation is a penal option which:

A) has only been applied to individuals, not to organizations
B) has traditionally been applied to individuals, but has more recently been applied to organizations
C) has traditionally been regarded as especially inappropriate for individual white collar offenders
D) has been demonstrated to be highly effective when applied to organizations

Question 30

Which of the following special concerns has been voiced about imposing community service sentences?

A) There is no identifiable benefit to the community
B) It is a very inefficient type of penalty from an economic point of view
C) The convicted offender can transform it into a public relations coup
D) It is likely to be experienced as unduly harsh and costly by the offender

Question 31

Which of the following is not an argument that has been made in favor of incarcerating white collar offenders?

A) White collar crime involves a high level of intent
B) The prospect of prison is likely to be a deterrent
C) The concept of equal treatment under law requires it
D) Incarceration is essential for rehabilitation

Question 32

The media and political attention given to the corporate scandals and Wall Street
financial crisis of the early 2000s has been shown with some evidence to have
transformed public opinion about upper-world offenders.

Question 33

According to Braithwaite, which of the following is not an advantage of enforced self-regulation?

A) Rules would be tailored to specific companies, and could be adjusted more easily for changing conditions
B) Rules and regulations could be more innovative, comprehensive, and consistent.
C) Corporations could be hindered from preempting and severely limiting meaningful regulation
D) Corporations would have a formidable incentive to comply

Question 34

Which of the following penal objectives is not fulfilled by occupational disqualification?

A) Punishment
B) Deterrence
C) Incapacitation
D) Rehabilitation

Question 35

Occupational disqualification is likely to have especially devastating consequences for which of the following groups?

A) Business people
B) Low-level employees
C) Professionals
D) Financiers

Question 36

Fines which call for convicted corporations to issue special shares which are placed with a state victim compensation board, which in turn can liquidate them when they can realize a maximum return, are called:

A) equity fines
B) installment fines
C) pass-through fines
D) superadded liability

Question 37

Which of the following is not an argument that has been made against incarcerating white collar offenders?

A) White collar offenders suffer a greater humiliation through loss of status than conventional offenders, so prison is not necessary
B) The harm committed by white collar offenders is much less than that of conventional offenders
C) It is wasteful to put highly educated and skilled white collar workers in prison
D) White collar offenders are not dangerous in a direct or predatory sense

Question 38

In one view, white collar crime principally reflects the overreach of the regulatory
state.

Question 39

Which group of countries has been especially proactive in addressing white collar crime?

A) Asian Pacific
B) Western European
C) Scandinavian
D) Middle Eastern

Question 40

The text suggests that moral outrage in response to white collar crime is neither
necessary nor justifiable.

Question 41

The effectiveness of a reintegrative shaming strategy tends to presuppose a rather
high level of consensus on the perceived shamefulness of white collar crime.

Question 42

Community service or restitution are exclusively negative sanctions.

Question 43

Corporate codes of ethics mainly stress the moral responsibilities of corporations
to citizens, consumers, and employees.

Question 44

Ethical problems are one of three ways in which businesses get themselves into
serious trouble.

Question 45

The broader application to the criminal law to such matters as worker safety, toxic
dumping, and environmental pollution is uniformly regarded as a positive
development.

Question 46

Historically, corporations have often found it less costly to face civil lawsuits than
to limit profits by fully complying with the law or correcting hazards.

Question 47

White collar crime is typically viewed as a highly instrumental crime.

Question 48

By the late 1980s, the vast majority of American business schools were offering
some form of business ethics study.

Question 49

John Braithwaite's re-introduction of "shaming" as an appropriate element in
responding to white collar crime is based on the view that punishment is likely to
fail if it is "uncoupled" from its moral roots.

Question 50

By definition, negative sanctions may only be applied through criminal law,
rather than through civil or administrative law.

Question 51

In instances of general deterrence, punished offenders are dissuaded from
committing further offenses after they have had legal sanctions imposed upon
them.

Question 52

According to the text, the contextual forces within a business or organization are
likely to have a more powerful impact than exposure to one or more business
ethics courses.

Question 53

According to the text, without specific incentives in place to reward ethical
conduct, codes calling for such conduct are unlikely to have any positive effects.

Question 54

Contemporary deterrence research suggests that the subjective perception of being
sanctioned is more important than the actual probability of it.

Question 55

Attempts to encourage whistleblowers to come forward by offering rewards
through the False Claims Act have not proved effective.

Question 56

Corporate ethics programs are generally directed toward the collective conscience
of the corporation.

Question 57

Although they are generally antagonistic towards the capitalist state, progressive
criminologists may call for stronger state action against corporate crime.

Question 58

The use of civil procedures allows prosecutors to avoid meeting the stringent
standards of the criminal law for establishing proof and culpability.

Question 59

Research on the effectiveness of moral appeals in promoting taxpayer compliance
has produced somewhat contradictory findings.

Question 60

Some evidence suggests that positive sanctions can help increase compliance.

Question 61

Probation has typically been regarded as more appropriate for individual white
collar offenders than for conventional offenders.

Question 62

The original purpose of organizational probation was to insure that the
corporation in question remained in compliance with the laws and followed through on
orders to pay fines and restitution.

Question 63

Campaign-financing reforms of the recent era have eliminated the problem of
corrupt public officials for all practical purposes.

Question 64

The challenges of ensuring that corporations are complying with the conditions of
their probation are minimal.

Question 65

According to the text, any rehabilitation of white collar offenders is likely to take
place outside of correctional insitutions.

Question 66

The U.S.government has repeatedly awarded lucrative contracts to corporations
that have been found guilty of some form of criminal conduct, including
defrauding the government.

Question 67

Fines have been a fairly rare form of negative sanction applied in corporate crime
cases.

Question 68

White collar offenders are generally regarded as well-positioned to make
restitution to victims.

Question 69

The educational and job-training dimensions of rehabilitation are seen as
especially applicable to white collar offenders.

Question 70

Compared to conventional offenders, relatively few white collar criminals have been sent to prison.

Question 71

Enforced self-regulation is a form of regulation that depends entirely on the
corporation's voluntary assumption of responsibility for its own conduct.

Question 72

It has been clearly demonstrated that the adoption of measures reforming
corporations eliminates pressures and opportunities to commit illegalities.

Question 73

Any theory of deterrence adopts, in some form, the classical criminological model
of human beings as rational creatures.

Question 74

Because of their concern over liability, corporations are highly likely to impose
occupational disqualification on corporate executives who commit occupation-
related offenses.

Question 75

A global justice movement has been a major force in challenging a world
dominated by transnational corporations.

Question 76

The new federal sentencing guidelines basically called for significantly higher
fines for white collar crime than those traditionally imposed.

Question 77

One of the principal benefits of imposing fines in white collar crime cases is that
they are cost-efficient and easy to collect in full.

Question 78

Community service sentences offer communities direct positive benefits
without significant costs.

Question 79

If one accepts the proposition that corporations are more rational than individuals,
it should generally follow that corporations can be more easily deterred than
individuals.

Question 80

The notion of probation for organizations predates the idea of probation for
individuals.