Chapter 2: Constitutional Limits on Criminal Law Flashcards
constitutional democracy
the majority can’t make a crime out of conduct protected by the fundamental rights in the U.S. Constitution
rule of law
the idea that government power should be defined and limited by laws
principle of legality
“no crime without law; no punishment without a law”
states that no one can be convicted of, or punished for, a crime unless the law defined the crime and prescribed the punishment before the person engaged in the behavior that was defined as a crime
ex post facto laws
a retroactive law that does one of three things:
(1) criminalizes an act that wasn’t a crime when it was committed
(2) increases the punishment for a crime after the crime was committed
(3) takes away a defense that was available to a defendant when the crime was committed
void for vagueness
the principle that statutes violate due process if they don’t define a crime and its punishment clearly enough for ordinary people to know what is lawful.
(Lanzetta v. New Jersey 1939, 453)
fair notice
in vague laws, isn’t whether the defendant knows there is a law against the act, but whether an ordinary, reasonable person would know that the act is a crime
rule of lenity
the requirement of courts to resolve every ambiguity in a criminal statute in favor of the defendant
narrow lenity rule
the requirement of courts to interpret ambiguous statutes in favor of defendants only in the core felony cases and other crimes requiring fault
presumption of innocence
the prosecution has the burden of proof when it comes to proving the criminal act and intent
burden of proof
to have to prove beyond a reasonable doubt “every fact necessary to constitute the crime charged”
proof beyond a reasonable doubt
highest burden of proof in the U.S. Criminal Justice System reserved for criminal cases; the prosecution must prove every element of the crime charged to this standard
affirmative defenses
defendants have to “start matters off by putting some evidence in support” of their defenses of justification and excuse
burden of production
to make defendants responsible for presenting evidence in their own justification or excuse defense
burden of persuasion
defendants have to prove their justification or excuse defenses by a preponderance of the evidence
preponderance of the evidence
more than 50 percent of the evidence proves justification or excuse
expressive conduct
nonverbal actions that communicate ideas and feelings
clear and present danger doctrine
allows the government to punish words that “produce a clear and present danger of a serious substantive evil that rises far above public inconvenience, annoyance, or unrest”
void-for-overbreadth doctrine
protects speech guaranteed by the First Amendment by invalidating laws written so broadly that the fear of prosecution creates a “chilling effect” that discourages people from exercising that freedom
Second Amendment
“the right of law-abiding, responsible citizens to use arms in defense of hearth and home”
constitutional right to privacy
a right that bans “all governmental invasions of the sanctity of a man’s home and the privacies of life”
fundamental right to privacy
a right that requires the government to prove that a compelling interest justifies invading it
“cruel and unusual punishemnts”
“barbaric” punishments and punishments that are disproportionate to the crime committed
barbaric punishments
punishments considered no longer acceptable to civilized society
principle of proportionality
the punishment has to fit the crime
“evolving standards” test
the standards of decency that mark the progress of a maturing society
three-strikes laws
intended to make sure that offenders who are convicted of a third felony get locked up for a very long time (sometimes for life)
**Apprendi rule
other than the fact of prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt
