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Intro to Law Chs. 6 & 7

Across
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 ___.
Down
The right to judicial ___ of agency actions means that parties can challenge the legality of agency actions (rulemaking, adjudications, other informal actions) in court if the parties can pass the threshold requirements of having standing and having exhausted any administrative remedies.
The four basic ___ of the criminal justice system that criminal punishments are designed to meet include retribution, deterrence, rehabilitation, and incapacitation. (Explaining what each of these are, with examples, would be a good essay question.)
The means by which legislatures go about relying on administrative agencies to administer programs and to promulgate and enforce regulations is through the ___ of legislative power to administrative agencies of much of the responsibility for making and enforcing the rules and regulations deemed necessary for our modern society.
In Texas v. Johnson (1989) the Supreme Court overturned Johnson's conviction for burning a flag in violation of Texas law as a violation of his ___ Amendment rights. Writing for the Court, Justice Brennan observed that punishing desecration of the flag would “dilute the freedom that it represents.”
The essential elements of most crimes include a wrongful act or omission (actus reus) accompanied by criminal intent (mens ___).
In the Administrative Law context, ___ refers to the process by which regulatory agencies make rules that carry the force of law.
The Supreme Court held in ___ v. Texas (2003) that there is a right to privacy implied in the term “liberty” in the Due Process Clauses of the Fifth and Fourteenth Amendments. The Court declared unconstitutional the Texas law making it a crime to engage in, what Texas called “deviant sexual intercourse with another individual of the same sex."
___ offenses, one of the categories of offenses against persons, include assault, aggravated assault, battery, aggravated battery, and stalking.
A body of law that defines powers, limitations, and procedures of government agencies; branch of the law that governs the activities of administrative agencies, is known as ___ law.
The branch of the law that defines criminal conduct; specifies criminal punishments; and regulates the investigation, prosecution and punishment of suspected criminals, is called ___.
A statute authorizing the creation of a government program or agency and defining that agency’s functions and powers is called ___ legislation.
The principal parties in a criminal case are: the ___ (i.e., the government) and the defendant (i.e., the accused person).
The three main types of administrative agencies are social welfare agencies, public service agencies, and ___ agencies.
The Due Process Clauses of the Fifth and Fourteenth Amendments constrain criminal law in that Due Process requires “that criminal statutes be written in such a way that a person of ordinary intelligence has a reasonable opportunity to know what is prohibited.” If not, such statutes are “void for ___.”
There have been significant reforms concerning rape and sexual battery criminal laws in recent decades, including the abrogation of Hale’s Rule (that a husband cannot be found guilty of raping his wife) and the creation of evidentiary rape ___ laws that exclude evidence of irrelevant sexual activity.
Government entities that implement government policies, provide services, sometimes create law (regulations that have the force of law), enforce laws, and adjudicate disputes are known generally as administrative ___.
The various levels of culpable ___ state (mens rea, criminal intent) in modern state statutes based on the Model Penal Code, with varying levels of penalties, include: purposely, knowingly, recklessly, and negligently.
The minimum requirements of the rulemaking process for federal agencies is governed by the Administrative Procedure Act (APA) and include ___ of the proposed rulemaking and an opportunity for interested parties to comment.
The origin of American criminal laws are in the English ___ law.
Actions that agencies can take to ___ their statutes or regulations include: withholding or revoking licenses from violators; administrative fines for violators (ex. Dept of Labor can impose fines for unpaid minimum wage and overtime violations); issuing cease and desist orders (SEC, NLRB) to violators; filing lawsuits against violators; criminal prosecutions (referred to DoJ for prosecution, where permitted by statute); liens, levies and garnishments (ex. IRS, to collect unpaid taxes); and forfeiture.
Equal Protection under the 14th Amendment constrains criminal law in that equal protection prohibits legislatures from criminalizing ___ only for certain groups of people, at least not without a very strong justification.
Modern offenses against public order and ___ include traffic violations and weapons offenses.