Chapter 6 SB

True or false: In 1991, there was a shift to determinate sentencing, under which federal sentences are determined largely by sentencing guidelines prescribing a specific range of possible penalties for each crime.

True

What is the burden of proof in a criminal case?

Beyond reasonable doubt

Which of the following is not one of the three federal laws that have aided in the fight against business-related crimes? Multiple choice question. RICO the Sarbanes-Oxley Act of 2002 the Bush-Cheney Doctrine the False Claims Act

the Bush-Cheney Doctrine

To punish an individual for a crime, government must prove two elements:

1. Wrongful behavior actus reus (Guilty act ) 2. Wrong state of mind mens rea (guilty mind)

Since ______, private citizens have been using the False Claims Act to sue employers on behalf of the government for fraud against the government. Multiple choice question.

1986

Pursuant to the __________ Act, an employee who reports an employer for fraud against the government retains a share of the recovery as a reward for his or her efforts.

False claims

Which of the following is an accurate statement regarding a bench trial? Multiple choice question. A bench trial is the precursor to a jury trial. A bench trial is an unconstitutional violation of the Seventh Amendment to the U.S. Constitution. A bench trial is an unconstitutional violation of the Sixth Amendment to the U.S. Constitution. In a bench trial, the defendant has waived his or her right to a jury trial.

In a bench trial, the defendant has waived his or her right to a jury trial.

Criminal proceedings generally begin when an individual ______ a crime. commits is arrested for is charged with enters a plea related to

Is arrested for a crime

Identify the true statements regarding posttrial procedure in criminal proceedings. (Check all that apply.) Multiple select question. The financial situation of the victims of a fraud is not considered during sentencing. Judges are given certain factors to consider in sentencing, such as the defendant's criminal record. Judges are allowed but not required to engage in free-form fact finding before selecting the appropriate punishment within broad statutory ranges. The guidelines for judges to consider in sentencing for white-collar crimes have been established.

Judges are given certain factors to consider in sentencing, such as the defendant's criminal record. The guidelines for judges to consider in sentencing for white-collar crimes have been established.

______ was originally enacted to combat organized crime. Multiple choice question. The Racketeer Influenced and Corrupt Organizations Act ROCO ORCO The Sarbanes-Oxley (SOX) Act of 2002

The Racketeer Influenced and Corrupt Organizations Act

The Sarbanes-Oxley Act of 2002 intends to limit ______.

White-collar crime