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Chapter Two - CL
Constitutional Limits on Criminal Law
| Term | Definition |
|---|---|
| constitutional democracy | the majority can't make a crime out of conduct protected by the fundamental rights in the U.S. Constitution |
| rule of law | the idea that government power should be defined and limited by laws |
| principle of legality | no one can be convicted of, or punished for a crime unless the law defined the crime and prescribed the punishment before the person engaged in the behavior that was defined as a crime |
| ex post facto laws | a law that does 1 of 3 things 1) criminalizes an act that wasn't a crime when it was committed 2) increases the punishment for a crime after the crime was committed or 3) takes away a defense that was available to a defendant when the crime was committed |
| void for vagueness | if a law forbids conduct and prescribes punishments in terms so uncertain that ordinary people have to guess at their meaning before they choose a course of action |
| fair notice | in vague laws, isn't whether the defendant knows there's a law against the act but whether an ordinary, reasonable person would know that the act is a crime |
| rule of lenity | the requirement of courts to resolve every ambiguity in a criminal statute in favor of the defendant |
| narrow lenity rule | the requirement of courts to interpret ambiguous statutes in favor of defendants only in the core felony cases and other crimes requiring fault |
| presumption of innocence | the prosecution has the burden of proof when it comes to proving the criminal act and intent |
| burden of proof | to have to prove beyond a reasonable doubt "every fact necessary to constitute the crime charged" |
| proof beyond a reasonable doubt | the highest burden of proof in the U.S. Criminal Justice system reserved for criminal cases; the prosecution must prove every element of the crime charged to this standard |
| expressive conduct | nonverbal actions that communicate ideas and feelings |
| clear and present danger doctrine | allows the government to punish words that "produce a clear and present danger of a serious substantive evil that rides far above public inconvenience, annoyance, or unrest" |
| void-for-overbreadth doctrine | protects speech guaranteed by the First Amendment by invalidating laws written so broadly that the fear of prosecution creates a "chilling effect" that discourages people from exercising that freedom |
| second amendment | "the right of law-abiding, responsible citizens to use arms in defense of hearth and home" |
| constitutional right to privacy | a right that bans "all governmental invasions of the sanctity of a man's home and the privacies of life" |
| fundamental right to privacy | a right that requires the government to prove that a compelling interest justifies invading it |
| "cruel and unusual punishment: | "barbaric" punishments and punishments that are disproportionate to the crime committed |
| barbaric punishments | punishments considered no longer acceptable to civilized society |
| principle of proportionality | the punishment has to fit the crime |
| "evolving standards" test | standards of decency that mark the progress of a maturing society |
| three-strikes laws | intended to make sure that offenders who are convicted of a third felony get locked up for a very long time (sometimes for life) |
| apprendi rule | other than the fact of prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt |
Created by:
ehubbard21
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