LAW 140 Chapter Notes - Chapter Introduction: Vehicular Homicide, Actus Reus, Statutory Interpretation
Document Summary
Constitution gives power to legislature to make laws, not courts a. ii. Prophylaxis against the arbitrary and abusive exercise of discretion in the enforcement of penal law: prevalence in common law today uniform normative consensus against judicial crime creation b. i. Most deem that criminal conduct must be outlawed by statute in order to be recognized as criminal. Vagueness doctrine requires that penal statute define criminal offenses with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement: rationales: a. i. Give fair and adequate notice to the type of conduct prohibited (first essential req of due process of law) a. ii. Discourages arbitrary and discriminatory enforcement (indefinite law gives the power to define a vague statute to those who enforcement: cases: kolender (carry credible and reliable id too vague); papchristou (prohibited person from being vagrant .
