Term
|
Definition
WRONGFUL THROUGH LEGISLATIVE PROHIBITION
MORAL** |
|
|
Term
|
Definition
|
|
Term
|
Definition
| LIMITS THE GENERAL LANGUAGE TO SPECIFIC TERMS.FREQUENTLY INVOKED TO SUGGEST THAT A PHRASE WHICH IN ISOLATION APPEARS TO HAVE A BROAD SCOPE SHOULD BE CONSTRUED MORE NARROWLY. |
|
|
Term
|
Definition
| IF WORDS OF A STATUTE OFFER TWO POSSIBLE MEANINGS, AND BOTH MEANINGS ARE CONSTITUTIONAL, THE COURT WILL INTERPRET THE STATUTE FAVORABLE FOR THE DEFENDANT. |
|
|
Term
| EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS "THE EXPRESSION OF ONE THING IS THE EXCLUSION OF ANOTHER" |
|
Definition
| WHEN A STATUTE CONTAINS A LIST OF ACTS OR CIRCUMSTANCES AND THEY ARGUE THAT BY ENUMERATING SPECIFIC ITEMS THE LEGISLATURE INTENDED TO EXCLUDE ANYTHING THAT FALLS OUTSIDE THE LIST. |
|
|
Term
|
Definition
- INSUFFICIENT EVIDENCE
- IMPROPER JURY INSTRUCTIONS
- EVIDENTIARY CHALLENGES
- CONSTITUTIONAL CHALLENGE
|
|
|
Term
|
Definition
| WHEN THE GOV'T FAILS TO PRESENT SUFFICIENT EVIDENCE OF THE DEF'S GUILT |
|
|
Term
| IMPROPER JURY INSTRUCTION |
|
Definition
| WHENTHE COURT GIVES AN IMPROPER DEFINITION OF THE CRIME OR INTERPRETATION OF THE STATUTE. |
|
|
Term
|
Definition
| WHEN EVIDENCE IS IMPROPERLY ADMITTED OR THE COURT EXCLUDED RELEVANT TO THE CASE |
|
|
Term
|
Definition
| WHEN THE STATUTE, CHARGES, JURY INSTRUCTION OR PRE-TRIAL PROCEDURE DEPRIVED THE DEF OF A CONSTITUTIONAL RIGHT |
|
|
Term
|
Definition
| WHETHER A "PERSON OF ORDINARY INTELLIGENCE" CAN UNDERSTAND THE TERMS USED BY THE LEGISLATURE, BUT NOT WHETHER THE PARTICULAR DEF IN FACT KNEW WHAT THE STATUTE MEANS. |
|
|
Term
| PROTECTIONS AFFIRDED BY PROHIBITING VAGUE STATUTES |
|
Definition
- TO ALLOW PEOPLE TO ARRANGE THEIR CONDUCT SO AS TO STEER CLEAR OF UNLAWFUL ACTS
- TO PREVENT ARBITRARY AND DISCRIMINATORY ENFORCEMENT OF LAWS BY POLICE OFFICERS, JUDGES AND JURIES
- AVOID LIMITING THE FREEDOM OF SPEECH AND EXPRESSION
|
|
|
Term
|
Definition
PERMITS THE FACIAL INVALIDATION OF LAWS THAT INHIBIT THE EXERCISE OF THE FIRST AMENDMENT RIGHTS, IF PERMISSIBLE APPLICATIONS OF THE LAW ARE SUBSTANTIAL WHEN JUDGED IN RELATION TO THE STATUTE'S PLAINLY LEGITIMATE SWEEP.
**CHALLENGES LAW THAT IMPAIRS CONSTITUTIONALLY PROTECTED CONDUCT. BURDENS FIRST AMENDMENT PROTECTION |
|
|
Term
|
Definition
| REQUIRES A PENAL STATUTE DEFINE THE CRIMINAL OFFENSE WITH SUFFIFIENT DEFINITENESS THAT ORDINARY PEOPLE CAN UNDERSTAND WHAT CONDUCT PROHIBITED AND IN A MANNER THAT DOES NOT ENCOURAGE ARBITRARY AND DISCRIMINATORY ENFORECEMENT. |
|
|
Term
VOID-FOR-VAGUNESS DOCTRINE FOCUSES ON:
|
|
Definition
1) NOTICE TO CITIZENS
2) ARTBITRARY ENFORCEMENT |
|
|
Term
| VAGUNESS IS WHAT AMENDMENT |
|
Definition
|
|
Term
| OVERBREADTH DOCTRINE IS WHAT AMENDMENT |
|
Definition
|
|
Term
|
Definition
1) VAGUE ON ITS FACE-BURDENS CONSTITUTIONAL RIGHTS.
BAD FOR EVERYONE, NOT JUST "YOU"
FACIAL--> OVERBREADTH
2) AS APPLIED-SPECIFIC TO "YOU" |
|
|
Term
|
Definition
NOTICE-->STANDARDLESS->(EXTREMELY BROAD, MINIMAL GUIDELINES; DON'T NEED CLARITY)
2) ARBITRARY &/OR DISCRIMATORY ENFORCEMENT
******STANDARDLESS DOESN'T GIVE NOTICE WHICH LEADS TO ARBITRARY DISCRIMIATPRY ENFORCEMENT. |
|
|
Term
|
Definition
| BAD FOR EVERYONE. VAGUE ON ITS FACE. BURDENS CONSTITUTIONAL RIGHTS |
|
|
Term
|
Definition
| LAW NOT VAGUE ON ITS FACE-IT'S APPLIED TO PARTICULAR CIRCUMSTANCE IS VAGUE |
|
|
Term
|
Definition
- EVERY LAW THAT MAKES AN ACTION, DONE BEFORE PASSING OF THE LAW, AND WHICH WAS INNOCENT WHEN DONE, CRIMINAL PUNSHIES SUCH ACTION.
- EVERY LAW THAT AGGREVATES A CRIME, OR MAKES IT GREATER THAN IT WAS, WHEN COMMITTED
- CAN'T INFLICTGREATER PUNISHMENT
- CAN'T ALTER LEGAL RULES OF EVIDENCE, AND RECEIVES LESS OR DIFFERENT, TESTIMONY
|
|
|
Term
|
Definition
PROHIBITED!
DECALRES A SPECIFIC PERSON TO BE GUILTY OF A CRIME AND SUBJECT TO PUNISHMENT WITHOUT EITHER A TRIAL OR CONVICTION |
|
|
Term
| PROTECTIONS AFFORDED BY PROHIBITING VAGUE STATUES |
|
Definition
- TO ALLOW PEOPE TO ARRANGE THEIR CONDUCT SO AS TO STEER CLEAR OF UNLAWFUL ACTS
- TO PREVENT ARBITRARY AND DISCRIMINATORY ENFORCEMENT
- AVOID LIMITING THE FREEDOM OF SPEECH AND EXPRESSION
|
|
|
Term
|
Definition
| EVERY WORD OF THE STATUTE WILL HAVE TO BE DEFINED TO DETERMINE WHAT CONDUCT IN FACT VIOLATES THE LAW |
|
|
Term
|
Definition
| UNIFIED CODE AND ADOPTS A SYSTEMATIC APPROACH TO THE CRIMINAL LAW |
|
|
Term
|
Definition
| STATUTES OF CRIMES THAT WERE PREVIOUSLY CREATED BY JUDGES THROUGH DECISIONS IN INDIVIDUAL CASES |
|
|
Term
|
Definition
|
|
Term
|
Definition
| "FELONIOUS TAKING OF A MOTOR VEHICLE IN THE POSSESSION OF ANOTHER, FROM HIS OR HER PERSON OR IMMEDIATE PRESENCE, OR FROM THE WILL AND WITH THE INTENT TO EITHER PERMANETLY OR TEMPORARILY DEPRIVE THE PERSON IN POSSESSION OF THE MOTOR VEHICLE OF HIS OR HER POSSESSION, ACCOMPLISHED BY MEANS OF FORCE OR FEAR. |
|
|
Term
|
Definition
| FELONIOUS TAKING OF PERSONAL PROPERTY IN THE POSSESSION OF ANOTHER, FROM HIS PERSON OR IMMEDIATE PRESENCE, AND AGAINST WILL, ACCOMPLISHED BY MEANS OF FORCE OR FEAR. |
|
|
Term
|
Definition
| OCCURS WHEN THE OFFENDE SECURES DOMINION OVERTHE PROPERTY |
|
|
Term
|
Definition
| REQUIRES SOME SLIGHT MOVEMENT AWAY OF THE PROPERTY |
|
|
Term
|
Definition
|
|
Term
| FELONIOUS TAKING INCLUDES |
|
Definition
|
|
Term
|
Definition
| AN UNLAWFUL OR TRESPASSORY TAKING WITH THE INTENT TO PERMANENTLEY DEPRIVE THE OWNER OF THE PROPERTY. |
|
|
