Principles/Doctrine

Question 1

Six Doctrines of a Component of a Crime

Answer 1

1. Principle of Legality
2. Doctrine of Void for Vagueness
3. Doctrine of Overbreath
4. Rule of Constructive Notice
5. Doctrine of Strict Construction
6. Rule Lenity

Question 2

Principle of Legality

Answer 2

Person cannot be convicted and punished unless conduct was previously defined; court cannot create law to process someone with something after it happened

previously defined conduct

Question 3

Doctrine of Void for Vagueness

Answer 3

Public must be given notice of what exactly is prohibited ;

Statute fails to define a crime with sufficient definiteness so people can understand or to establish guidelines to prevent arbitrary and discriminatory enforcement

Question 4

Doctrine of Overbreadth

Answer 4

If a statute is so broadly written that it deters free expression, then it can be struck down on its face because of its chilling effect, even if it also prohibits acts that may legitimately be forbidden

Question 5

Rule of Constructive Notice

Answer 5

Notice is presumed by law to have been acquired by a person and this imputed to that person; does NOT include decisional law from other states; Ignorance NOT a defense

Question 6

Doctrine of Strict Construction

Answer 6

Judges should interpret criminal statue according to its literal terms without looking to other sources to ascertain the meaning

Question 7

Rule of Lenity

Answer 7

If two or more interpretations are equally reasonable, defendant gets the benefit;
Cannot be applied to split decision because rejecting one approach means it is not reasonable

Resolution of residual uncertainty or ambiguity in the meaning of a statue should be resolved in favor of D

Directs that judicial resolution of residual uncertainty or ambiguity in the meaning of criminal statue be resolved in favor of the defendant