Chapter 3: Criminal Statutes Flashcards
principle of legality
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
pari materia
courts look at similar statutes to help determine meaning of that statute (peeping tom statute from Keeler Case in another state)
rule of lenity
ambiguous terms in a statute should be resolved in favor of the defendant
vagueness doctrine
lacks clarity to the point where a law abiding citizen doesn’t know what conduct is considered prohibited or criminal
overbroad
language criminalizes both good and bad behavior
legislative intent
found when looking at the bill (because you see WHY statute was created in the first place)