Exam 3: Inside Criminal Law

The Sixth Amendment is an example of a(n)_____ ​

Laws enacted by legislative bodies at any level of government make up a source of law, which is generally referred toas __________ ​

A homicide that results from the offender's carelessness and lack of intent can be classified as ______ ​

A(n)          ____is a procedure through which the citizens of a state, by collecting enough signatures, can force a public vote on a proposed change toa state law. ​

Strict liability crimes hold the defendant tobe guilty even if the____ tocommit the offense is lacking. ​

Murder is a mala prohibita  offense. ​

one of the key elements of a crime that refers tothe intent of the offender is referred toas the actus reus . ​

As you have now read, voters can write or rewrite criminal statutes through a form of direct democracy known as the ballot initiative. In this process, a group of citizens drafts a proposed law and gathers a certain number of signatures toget the proposal on that year's ballot. If a majority of the voters approve the measure, it is enacted intolaw. Currently, twenty-four states and the District of Columbia accept ballot initiatives, and these special elections have played a crucial role in shaping criminal law in those jurisdictions, including those dealing with physical-assisted suicide for those whoare terminally ill, alsoknown as euthanasia. Although a few states have passed laws allowing its practice, many have not. As a newly appointed Supreme Court Justice tothe United States Supreme Court, a case dealing with the legality of euthanasia has made its way tothe courts, asking the court toallow the practice nationwide, in the same manner that it allowed the practice of gay marriage. As a Supreme Court Justice asked tohear the case, the main question is in regard tothe 10^th Amendment. More specifically, should this practice be left up tothe individual states todetermine its use, or should this practice be viewed as an unalienable right for all terminally ill citizens throughout the entire country? As a Justice, what is your legal opinion? Please fully explain.

________ is a defense for criminal liability that asserts a lack of criminal responsibility due tomental instability. ​

The term "judge-made" law is alsoreferred toas ____________ ​

In a civil court, the legal responsibility for one's own or another's actions is called____ . ​

The goal of strict liability laws is toprotect the public by eliminating the possibility that wrongdoers could claim ignorance or mistake toabsolve themselves of criminal responsibility. Thus, a person driving 70 miles per hour in a 55 miles-per-hour zone cannot plead a lack of intent in his or her defense. As a state senator in ohio, it has been brought toyour attention that police officers in twosmall townships on a stretch of I-80 in your district near Youngstown, oH, have been targeting speeding vehicles with unmanned traffic cameras. In the particular areas in question, the speed limit decreases rapidly from 70 down to50 in under one tenth of mile, making it somewhat difficult todecrease one's speed that quickly without causing a possible accident with other vehicles, especially ones that are following closely behind. Since the ultimate goal of these strict liability traffic laws was togenerate extra revenue for these townships, hundreds of people have been issued tickets in one 30-day period. As a state senator from this district, the issue of these "unfair" enforcement violations through the use of "unmanned" traffic cameras has been brought toyour attention. What (if anything)doyou dotoaddress the concerns of your constituents? Please fully explain your answer.

Proceedings in civil court are normally initiated by the defendant. ​

A crime in which the defendant is guilty regardless of his or her state of mind at the time of the act is known as a(n)_________ ​

This form of due process requires laws tobe carried out in a fair and orderly manner. ​

Involuntary intoxication is considered a valid criminal defense. ​

When the wrongful threat of one person induces another person toperform an act that he or she would otherwise not perform, the excuse defense known as _________________ can be invoked. ​

Strict liability is inconsistent with the general principles of criminal law because is lacking. ​

____________ refers toacts that are considered crimes only because they have been codified as such through statute. ​

The accused party in both criminal and civil cases is known as the plaintiff. ​