Regulatory Justice System Overview
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Questions and Answers

What is the primary goal of regulatory agencies?

  • To replace the legal system
  • To bring offenders into compliance with the law (correct)
  • To impose severe punishments on offenders
  • To operate independently without oversight
  • What does the proactive nature of the regulatory justice system emphasize?

  • Reacting to offenses after they occur
  • Preventing illegal activities before they happen (correct)
  • Increasing penalties after offenses are committed
  • Coordinating with conventional law enforcement only
  • Which of the following is NOT a core practice of the regulatory justice system?

  • Fewer legal constraints
  • Specialized expertise
  • Limited enforcement powers (correct)
  • Proactive nature
  • What does the Sarbanes-Oxley (SOX) Act primarily address?

    <p>New rules for accountants and auditors</p> Signup and view all the answers

    What was a major consequence of the Sarbanes-Oxley (SOX) Act?

    <p>Increased independence of auditors from consulting services</p> Signup and view all the answers

    What factor contributes to the restriction of legitimate access in regulations?

    <p>Requiring qualifications like degrees and certifications</p> Signup and view all the answers

    According to John Braithwaite's argument, what is essential for effective crime control?

    <p>Society's communication of the wrongfulness of behaviors</p> Signup and view all the answers

    Which of these statements about regulatory agencies is false?

    <p>They operate under the same legal constraints as conventional law enforcement.</p> Signup and view all the answers

    What is the primary goal of regulatory agencies within the regulatory justice system?

    <p>To deter businesses from committing illegal acts</p> Signup and view all the answers

    Which perspective of the regulatory system focuses on the control of economic institutions?

    <p>The Justice Model</p> Signup and view all the answers

    Which regulatory model assesses the cost-benefit strategy of regulations?

    <p>The Economic Model</p> Signup and view all the answers

    What does the Conflict Model suggest about the role of regulatory bodies?

    <p>It protects the interests of business owners.</p> Signup and view all the answers

    What is a key characteristic of the Rational – Legal Model?

    <p>It implements government control based on diagnosed problems.</p> Signup and view all the answers

    How do corporations generally view regulations according to the Economic Model?

    <p>As inefficient and excessively costly.</p> Signup and view all the answers

    According to the Justice Model, what is the emphasis in dealing with offenders?

    <p>Utilizing inspectors and administrative courts</p> Signup and view all the answers

    What perspective does Sutherland’s view align with in the regulation of white-collar crime?

    <p>That desirable traits of offenders lead to preferential treatment.</p> Signup and view all the answers

    How do ethics training programs in business schools aim to affect student behavior?

    <p>To minimize the justification of violations</p> Signup and view all the answers

    Which of the following strategies aims to increase the likelihood that offenders will be caught?

    <p>Conducting rigorous audits</p> Signup and view all the answers

    What is a method to reduce the benefits of crime?

    <p>Seizing assets gained through fraud</p> Signup and view all the answers

    What is a potential benefit of a company's ethics code?

    <p>It helps minimize legal exposure for unethical actions</p> Signup and view all the answers

    What does the Situational Crime Prevention Theory emphasize regarding white-collar crime?

    <p>A combination of various tools should be used for prevention</p> Signup and view all the answers

    Which situation fosters criminal behavior and may need to be mitigated according to Situational Crime Prevention Theory?

    <p>High-pressure environments focusing on performance</p> Signup and view all the answers

    Which approach helps eliminate rationalizations used by offenders to justify their actions?

    <p>Promoting a zero-tolerance approach to misconduct</p> Signup and view all the answers

    What role does the public relations department play in a company facing unethical actions?

    <p>To repair damage to reputation and deflect blame</p> Signup and view all the answers

    Which of the following is an example of a method to strengthen internal controls?

    <p>Maintaining transparency in operations</p> Signup and view all the answers

    Which of the following is NOT one of the five methods potential offenders use to assess criminal opportunity according to SCPT?

    <p>Public opinion on ethics</p> Signup and view all the answers

    What is an essential aspect of creating a prosocial organizational environment?

    <p>Translating moral behavior into company practices</p> Signup and view all the answers

    How does Situational Crime Prevention Theory aim to discourage criminal offenses?

    <p>By making criminal actions less appealing and feasible</p> Signup and view all the answers

    In the context of business practices, what is often a challenge regarding immoral actions?

    <p>They may not be deemed illegal in all cases</p> Signup and view all the answers

    What strategy can be employed to increase oversight in an organizational context?

    <p>Installing unpredictable check systems</p> Signup and view all the answers

    Which of the following statements is NOT an aspect of Situational Crime Prevention Theory?

    <p>Increasing financial incentives to encourage performance</p> Signup and view all the answers

    How do social networks contribute to the handling of offenders?

    <p>By aiding in condemnation, shaming, and reintegration</p> Signup and view all the answers

    What is a primary reason that investigating white-collar crimes is challenging for traditional law enforcement agencies?

    <p>Insufficient training and resources</p> Signup and view all the answers

    Which of the following is NOT a benefit of Non-Prosecution Agreements (NPAs) and Deferred Prosecution Agreements (DPAs)?

    <p>Immediate criminal charges</p> Signup and view all the answers

    How do NPAs and DPAs protect financial markets?

    <p>By ensuring accountability without causing economic damage</p> Signup and view all the answers

    What is one of the criticisms of using NPAs and DPAs?

    <p>They may enable continued corporate wrongdoing</p> Signup and view all the answers

    What positive impact do NPAs and DPAs have on corporations involved in investigations?

    <p>They encourage quicker case resolutions</p> Signup and view all the answers

    Which argument supports the use of NPAs and DPAs regarding industry stability?

    <p>They mitigate industry-wide impacts of prosecution</p> Signup and view all the answers

    What is a reason provided for the inherent complexity of white-collar crimes?

    <p>They often involve international laws</p> Signup and view all the answers

    What is a contributing factor to the difficulty in addressing white-collar crime for law enforcement?

    <p>A systemic focus on individual prosecutions</p> Signup and view all the answers

    What is the primary function of the Public Company Accounting Oversight Board (PCAOB)?

    <p>To oversee auditing firms and ensure their independence.</p> Signup and view all the answers

    Which section of the Sarbanes-Oxley Act requires companies to report on the effectiveness of their internal controls?

    <p>Section 404</p> Signup and view all the answers

    What types of penalties does the Sarbanes-Oxley Act impose for white-collar crimes?

    <p>Fines and prison sentences for executives.</p> Signup and view all the answers

    How does the Sarbanes-Oxley Act support whistleblowers?

    <p>By providing job security and protection from retaliation.</p> Signup and view all the answers

    What is the main objective of Situational Crime Prevention Theory?

    <p>To alter the environments that facilitate criminal opportunities.</p> Signup and view all the answers

    Which of the following is NOT one of the five ways to modify opportunities according to Situational Crime Prevention Theory?

    <p>Enhance the appeal of the criminal act.</p> Signup and view all the answers

    What impact has the Sarbanes-Oxley Act had on investor confidence?

    <p>It has fostered investor confidence by promoting ethical corporate behavior.</p> Signup and view all the answers

    What is a key strategy utilized by Situational Crime Prevention Theory?

    <p>Altering decision-making conditions for potential offenders.</p> Signup and view all the answers

    Study Notes

    Regulatory Justice System Benefits

    • Regulatory agencies combat institutional wrongdoing.
    • Regulatory agencies deter businesses from illegal acts through oversight.
    • Agencies aim for compliance through persuasion and cooperation.
    • Regulatory agencies possess enforcement powers.

    Four Perspectives of the Regulatory System

    • Justice Model: Focuses on social control of economic institutions, connected to Sutherland's idea that white-collar criminals face less penalty due to perceived positive traits. This model prioritizes inspectors and administrative courts over traditional criminal courts.
    • Rational-Legal Model: A response to social problems, like corporate crime, using legislative action to create specific regulations.
    • Economic Model: Assesses the costs and benefits of regulations, focusing on whether the benefits outweigh the implementation costs. Concerns exist that corporations prioritize profit over societal benefit if regulations are removed.
    • Conflict Model: Similar to conflict theory, emphasizing competition and the struggle for power within society, where the "esteemed" individuals or businesses are protected, sometimes at the expense of others.

    Conflict Model Details

    • Competitive struggle among groups in society
    • Regulations should protect less powerful groups
    • The regulatory body may be influenced to protect the interests of powerful individuals or companies.

    Economic Model Details

    • The economic model uses a cost-benefit analysis to assess regulations.
    • Concerns exist over the difficulty of measuring non-monetary costs or benefits of regulations
    • Corporations often oppose regulations due to perceived costs to profits

    Self-Regulation

    • Smaller companies are more likely to be found by law enforcement and be subject to self-reporting.
    • Smaller crimes from smaller entities are not as impactful and likely have less harsh punishments
    • Larger corporations commit impactful crimes and receive harsher punishments; this may discourage self-reporting.

    Language of the Law

    • The law's purpose is to control, enforce, and exercise the law against individuals (not corporations automatically).

    Investigative Agencies

    • FBI: Financial fraud, bribery, money laundering
    • Inspectors General: Ensure agency compliance
    • U.S. Postal Inspection: Mailing system security
    • Internal Revenue Service: Tax fraud

    Pros/Cons of Non-Prosecution/Deferred Prosecution Agreements

    • Pros: Preventing job losses, minimizing industry-wide impact, encouraging cooperation in uncovering misconduct, flexible resolution of cases.
    • Cons: Insufficient reforms, perceptions that corporations can purchase their way out of accountability, limited judicial oversight.

    Criminal vs Civil Courts

    • Civil courts: Allow for monetary damages and fines, not imprisonment
    • Civil courts have a lower standard of evidence/proof compared to criminal cases.
    • Civil cases typically shorter & easier to resolve due to relationship between parties.

    SOX Act

    • The Sarbanes-Oxley Act of 2002
    • Created in response to the Enron and Arthur Andersen accounting scandals
    • Increased corporate accountability, oversight of auditors, increased transparency
    • Aim is to prevent white-collar crime

    Situational Crime Prevention Theory (SCPT)

    • SCPT aims to reduce crime opportunities.
    • Five ways to modify opportunities: Increase effort, Raise risk of detection, reduce rewards, reduce situational factors, eliminate excuses.

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    Description

    This quiz explores the benefits and perspectives of the regulatory justice system. It covers the roles of regulatory agencies in combating wrongdoing, ensuring compliance, and their various models, including justice, rational-legal, and economic. Test your understanding of how these frameworks operate within the context of corporate and institutional regulation.

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