CJL 4110 Chapter Notes - Chapter 2-4: Konstanty Rokicki, Voluntary Action, Equal Protection Clause
6 Dec 2015
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Document Summary
Ban on ex-post facto laws: no crime without law, no punishment without law. , ban retroactive crim laws raised in constitutional practice. Criminalizes an act that was innocent when committed. Increases punishment for a crime after the was committed. Takes away a defense that was available to a defendant when the crime was committed: purpose of ex post facto. Protect private individuals by ensuring legislatures give. Prevent legislatures from passing arbitrary and vindictive laws. Void for vagueness doctrine: 5th amendment guarantees def can"t deny life, liberty or property without due process, reasons for void for vagueness. Crim punishment deprives individuals of life (capital), liberty (imprisonment), property (fines) failure to warn about law forbidness denies individual of. Aims of void-vagueness: void laws fail to give warning to what law prohibits, allow arbitrary discriminatory cj administration, fair notice objective. Define vagueness: never fully certainty with words, considerable leaving for 2 prongs of fair warning and avoiding arbitrary law.
