Homicide, one of the categories of offenses against persons, includes murder, ___, felony murder, and vehicular homicide, and in many states, assisted suicide.
Another function of administrative agencies is to act as “quasi-judicial bodies” and ___ disputes, which means to resolve disputes with the parties they regulate or the beneficiaries of their programs through holding an administrative hearing.
The category of ___ crimes in the US include theft, robbery, forgery,
worthless checks, credit card fraud,
identity theft, burglary, arson,
malicious mischief, and
extortion.
Congress’s delegation of legislative authority to administrative agencies sometimes raises
a constitutional separation of ___ issue.
The two determinations a court must make to determine whether an agency adjudication complies with the fairness protections of the Due Process Clauses of the Fifth and Fourteenth Amendments are
first, the Court must decide whether the Due Process Clause is applicable—does the administrative decision deprive an individual of “life, liberty or property?”
Second, if the Due Process Clause does apply, the Court must determine what “process” is due in order to ensure fundamental ___. Due process generally requires at a minimum fair notice and fair hearing.
Agency adjudications are presided over by a presiding officer who is to be an impartial decision-maker, and go by the ___ Administrative Judge, Hearing Officer, or Administrative Law Judge.
Offenses against administration of ___ include bribery,
perjury,
subornation of perjury,
obstruction of justice, resisting arrest, flight to avoid prosecution/escape, and
compounding a crime.
The categories that ___ defenses may be divided into include: asserting lack of capacity (e.g. being a minor or mentally ill);
asserting excuse or justification (e.g. duress, necessity, consent);
justifying the use of force (e.g. self-defense);
relying on constitutional or statutory rights (e.g. immunity, double jeopardy; and assailing governmental conduct.
The role of the victim of a crime in a criminal case is quite limited. The case may begin when a victim files a complaint with a law enforcement agency.
Once the prosecution begins, the victim's participation is primarily limited to that of being a ___.
A basic limitation on federal criminal law is that there must be a ___ basis for enacting federal criminal laws.
___ is the federal law prohibiting organized crime, often referred to as racketeering, and includes protection rackets (in which proprietors are coerced into making payments to protect their businesses from theft and vandalism) and other illegal activities such as loan sharking, gambling, prostitution, and drug trafficking.
Some of the methods by which Congress (and state legislatures) retain ___over agency decisions are:
conducting oversight hearings,
reducing agency budgets, and
amending statutes
(to enlarge or contract the agency’s jurisdiction or to
enlarge or contract the agency’s rulemaking authority).
Vice crimes, defined by statutes under state police power to prohibit conduct that "threatens the public health, safety, and ___" include conduct such as:
obscenity,
gambling,
drugs,
alcohol offenses, and prostitution.
Constitutional limitations on the criminal law include many of the provisions of the ___ of Rights. Many criminal laws have been declared unconstitutional as violations of the First Amendment freedoms of religion, speech, and assembly.
A wrong against society, a violation of the criminal law for which a party can be prosecuted and punished by the government, is a ___.
Another function of administrative agencies is to conduct ___ of activities within their purview. For
example, the EPA investigates alleged Clear Water Act violations, county health departments investigate restaurants and grocery stores re: rodents, bugs, and proper refrigerator temperatures, etc.
What is considered criminal behavior ___ as society ___. (The same word goes in both blanks. Explaining this concept with examples would be a good essay question.)
Arguments that defendants may make to deny criminal responsibility are called ___.
A legislative enactment that places a ___ limit on the prosecution of a crime is called a statute of limitations.
Administrative agencies are necessary because society expects government to solve social and economic ___ by administering programs, and promulgating and enforcing regulations. The responsibilities of government have become too large and too technical for Congress, the president, and courts to manage on their own, and the
legislative process is too slow to respond to all the changing conditions that government is expected to respond to now.
Further, Agencies have specialization, technical knowledge, and expertise in their respective areas that Congress and state legislatures do not have. (This would make a good essay question.)
The main difference between searches conducted by administrative agencies and searches conducted as part of a criminal investigation is that administrative agencies are more free to conduct searches (inspections) without a ___.