The Importance Of Vagueness

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Overbreadth holds that a law is invalid if it penalizes constitutionally protected speech or behavior along with speech or conduct that the government may limit to further a compelling government interest. (Hall, 2014) Vagueness is a due process of law with regards to any criminal and civil statutes of uncertain that do not provide notice of the conduct prohibited to what penalty may be imposed that may affect a person which implies in the area of expression.

Vagueness addresses the unfairness of criminal punishment on an individual who is unaware that such conduct is prohibited. The vagueness statutes have the effect of the unconstitutional definition of what is criminal. The vagueness statutes encourage peremptory and discriminatory enforcement …show more content…

(Takarev, 2012) “Laws which prohibit the actions of things, and provide a penalty for an individual violation, should have no double meaning. An individual should not unnecessarily be responsible, for an honest error in the construction of a penal statute, that a statute and an ordinance violation may be subjected to a prosecution” (Goldsmith, 2003). Every person should be able to know with certainty when they are committing a crime. The government must provide information to the public to achieve its goal that is not overly broad. The United States Supreme Court has developed guidelines for judicial review for claims that constitutional rights are have been violated. (Hall, 2014)

(References)

Goldsmith, A. E. (2003). The void-for-vagueness doctrine in the Supreme Court revisited. American Journal of Criminal Law, 30(2), 279-313. Retrieved August 18, 2017, from https://bethelu.idm.oclc.org/login?url=https://search-proquest-com.bethelu.idm.oclc.org/docview/206265253?accountid=56725

Hall, D. E. (2014). Criminal Law and Procedure, 7th Edition: Cengage Learning. Retrieved August 18, 2017, from https://www.betheluniversityonline.net/cps/default.aspx?SectionID=5980&tabid=154

Takarev, S. (2012). Vagueness and Overbreadth in Criminal Statues. Retrieved August 18, 2017, from

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