Miscellaneous

Question 1

Modern Theories of Interpretation

Answer 1

(1) Textualism

(2) Purposivism

Question 2

Principles of Legality

Answer 2

(1) Prohibition on ex post facto prosecution.
You can’t retroactively make things crimes or increase punishment.

(2) No common law crimes.

(3) Statutes must not be vague.
Notice and clarity are crucial.
Laws that are unclear fail to give notice.

(4) Rule of lenity.
If there’s a tie with 2 interpretations, pick the one that favors the defendant.

Question 3

Excessive Punishment

Answer 3

A punishment is deemed excessive if (1) it does not further any goal of sentencing, or (2) it is grossly disproportionate to the crime committed.