void for vagueness


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void for vagueness

adj. referring to a statute defining a crime which is so vague that a reasonable person of at least average intelligence could not determine what elements constitute the crime. Such a vague statute is unconstitutional on the basis that a defendant could not defend against a charge of a crime which he/she could not understand, and thus would be denied "due process" mandated by 5th Amendment, applied to the states by the 14th Amendment.

References in periodicals archive ?
Finding that the ordinance was void for vagueness, the Court ruled that the City of Austin may not enforce its unconstitutional ordinances against the Diocese and other crisis pregnancy centers.
Revisions to the Void for Vagueness Doctrine, 8 CARDOZO PUB.
If such inconsistencies emerge, the professionalism code may soon be subjected to challenges as void for vagueness, based on the well-established principles of due process set forth by the U.
This treaty violates the doctrine of void for vagueness.
Justices have to weigh in, and the courts give their take on whether the government's reading of the statute is accurate or overly expansive, whether the statutes are void for vagueness or what have you.
We conclude that the act is not void for vagueness, does not impose an undue burden from any overbreadth and is not invalid on its face," concluded Associate Justice Anthony Kennedy, writing for the majority.
But the court held that Norwood's use of "deteriorating area" as a standard for appropriation is void for vagueness and unconstitutional, because it speculates about the area's future condition.
The court held the law void for vagueness and thus unconstitutional.
The court found that the rule was not void for vagueness under the First Amendment.
Pointing out that Gilmore's complaint that the federal rule in question was void because of vagueness, the judge continued: "You were saying the rule is not void for vagueness and we can move on.
If it were draft legislation, it would surely be void for vagueness.