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void for vagueness |
Also found in: Wikipedia | 0.03 sec. |
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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. |
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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. |
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