Chapter 2 - Limitation on Criminal Law

Question 1

What does the 5th Amendment say?

Answer 1

-No personal shall… be deprived of life, liberty
-Doesn’t mean fairness in outcome but fairness in process

Question 2

What is void-for-vagueness?

Answer 2

The law that defines the crime must be specific enough so as to put people on notice that their actions are criminal

Question 3

What two questions are asked for void for vagueness?

Answer 3

-Does the law fail to give fair warning to individuals as to what the law means?
-Does the law allow arbitrary and discriminatory criminal justice administration?

Question 4

What is entailed in the 14th Amendment equal protection?

Answer 4

-The government can’t treat different groups/classifications of people differently unless the gov can justify the grouping or classification with some level of legitimate gov purpose

Question 5

What categories are not prohibited under the equal protection law?

Answer 5

Age and criminal status

Question 6

What is the equal protection standard of review?

Answer 6

Rational basis, Intermediate scrutiny, strict scrutiny, prima facie