Chapter 3: Criminal Statutes Flashcards

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1
Q

principle of legality

A

prohibits retroactive lawmaking, prevents obstruction of Due Process, and requires “fair notice” for citizens to make sure they are aware of what specific conduct is being prohibited by statute

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2
Q

pari materia

A

courts look at similar statutes to help determine meaning of that statute (peeping tom statute from Keeler Case in another state)

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3
Q

rule of lenity

A

ambiguous terms in a statute should be resolved in favor of the defendant

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4
Q

vagueness doctrine

A

lacks clarity to the point where a law abiding citizen doesn’t know what conduct is considered prohibited or criminal

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5
Q

overbroad

A

language criminalizes both good and bad behavior

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6
Q

legislative intent

A

found when looking at the bill (because you see WHY statute was created in the first place)

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