Vagueness In Criminal Law

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Vagueness in criminal law is a “declaration that a law is invalid because it is not sufficiently clear”. Whereas, the due process clause promised that before “depriving a citizen of life, liberty or property, the government must follow fair procedures” ("Vagueness doctrine | Wex Legal Dictionary / Encyclopedia | LII / Legal Information Institute," n.d.). ‘Constitutional rule requires criminal laws to state explicitly and definitely what conduct is punishable’("Due Process | Wex Legal Dictionary / Encyclopedia | LII / Legal Information Institute," n.d.). Therefore, vagueness doctrine rests on the due process clause of the Fifth and Fourteenth Amendments of the U.S. Constitution. By requiring fair notice of what is punishable and what is not,

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Discretion 2 Essay

Discretion is very important when it comes down to enforcing the law (police officer). Police discretion benefits the overall police function in support of the community goals because it is responsive to the needs of the environments in which police responsibilities function. It provides for the quick, sometimes split second, decision-making process that is involved. It allows for a certain amount of vagueness the law, thereby allowing officers to deal with marginal situations as best meets immediate…

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Criminalization Of Homelessness In America Essay

Anti-homeless laws and the criminalization of homeless have been ineffective, punitive and damaging in the fight to end homelessness. A pattern of criminalization of the homeless will be evident through the passing of anti-homeless laws. This increase of anti-homeless laws and the criminalization of the homeless have been driven by the theory of deterrence. The idea behind this theory is that…

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Palermo- South Africa Essay

-Signataries of the Palermo project -South Africa is a hub for human trafficking Law that has been passed (a) 'commercial carrier' includes a company, or the owner, operator ormaster of an means of transport, that engages in the transportation of goods or people for commercial gain; and (b) 'trafficking' includes the supply, recruitment, procurement, capture, removal, transportation, transfer, harbouring, sale, disposal or receiving of a person, within or across the borders of the…

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Dimaya V. Sessions Case Summary

crime of violence law is an offensive felony that involves a substantial risk of physical force against a person or property(crime of violence). However, in this specific case, the crime of violence law shouldn’t affect Dimaya. What Dimaya was convicted for showed no evidence of him every enacting any physical violence upon any individual. . Therefore, I think the court case should favor with Dimaya due to the government's failure to fully interpret the definition of this law. Examination…

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Controversial Arguments Against Gun Control

the similar vagueness of the Second Amendment, which leads to controversial interpretations of gun control. Some people believe that background searches are a necessity for gun ownership and the safety of others around the weapon, whereas others believe the Second Amendment grants them the right to bear arms of any weapon without rules and background checks. Though the…

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Pros And Cons Of The 8th Amendment

speeding. The 8th amendment makes it unconstitutional for the jury to give you an unreasonable bail. The bail must meet the crime as well as the fine. These are all stated in the different clauses of the 8th amendment. 2.) This Idea was part of British law for centuries, and was put into the Bill of Rights because excessive bail and cruel and unusual punishment were part of the reason for our revolution, the practices of the British…

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R. V. Keegstra : in Support of the Dissent Essay

R. V. Keegstra : In Support of the Dissent Submitted in partial fulfillment of requirement for PHL613, Philosophy of Law Sean Peters 500 204 129 April 11, 2012 Table of Contents Introduction 1 Overview of R. V. Keegstra 2 Why does Freedom of Speech in Democracy Matter? 2 Factors of the Offense Principle 3 Why not Moralism? 4 Philosophical Analysis 4 Criticism 6 Recommendations 7 Conclusion 8 Appendices 9 Appendix…

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Cyberbullying In Louisiana

In 2010 cyberbullying and the related offense, cyberstalking, became crimes in Louisiana as the state legislature enacted these statutes in response to the growing number of suicides related to cyberbullying across the country. La. R.S. 14:40.7 – Cyberbullying, in part, reads as follows: A. Cyberbullying is the transmission of any electronic textual, visual, written, or oral communication with the malicious and willful intent to coerce, abuse, torment, or intimidate a person under the age of eighteen…

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Search and Seizure in Public Schools Essay

Purpose The purpose of this paper is to discuss public school districts' limits on "hate" speech and reconcile those limits with the decision in Tinker v. Des Moines. Importance to Education To avoid disturbance and disruption and to create and maintain a safe learning environment, public schools often adopt policies that forbid certain acts on the part of students. Included in many of these policies are prohibitions on hate speech. The opinion of the court in Tinker v. Des Moines…

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Second Amendment Argumentative Analysis

idea. After all, the Constitution does state, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." The difficulty in interpreting this comes from the vagueness of the Constitution and the odd punctuation contained in the amendment. However, in DC vs Heller, which overturned centuries of scholarly belief on the 2nd Amendment in order to provide the right to bear arms to individuals, the Supreme Court used…

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