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 ?
De Lima noted that even the Office of the Solicitor General itself submitted to the Court that Article 133 of the RPC should be declared unconstitutional since it is "'simultaneously overbroad and void for vagueness" and that it does not contain an "objective standard and thus left [sic] judges with wide discretion over cases that may affect freedom of speech."
violate the void for vagueness doctrine as discussed further in the next
Friedman pointed out, and plaintiffs'attorney Robert Frommer expressly disclaimed a "void for vagueness" claim when questioned by the trial court.
On June 25, 2016, Gordillo filed his motion to vacate, in which he argues that the predicate offense of aiding and abetting attempted murder does not qualify as a "crime of violence" under the 924(c)(3)(A) "force clause" and no longer qualifies under the 924(c)(3)(B) "residual clause" because the residual clause is void for vagueness under Johnson v.
District Court for the Southern District of New York claiming that Section 518 violates their First Amendment rights "and is void for vagueness under the Fourteenth Amendment's Due Process Clause."
He argues that 2252A(a)(2)(A) is void for vagueness as applied to him, and therefore, that his indictment should have been dismissed.
  Sex Trafficking Sufficiency of Evidence   Where a defendant challenged his conviction for commercial sex trafficking, the judgment is affirmed because the evidence was sufficient to support the convictions, and the defendant did not show that the counts were duplicitous or that the jury instructions rendered the relevant statute void for vagueness as applied to him.
turpitude" clause was void for vagueness, one of the Court's
Worth reflecting on, too, is his claim that 'martial law as proclaimed is vague, thus unconstitutional,' as well as his spirited exposition on the complex 'void for vagueness' and 'void for overbreadth' doctrines as they may apply to ML.
(47) Alternatively, the Court should have analyzed the language of statute under the void for vagueness doctrine.
State of Indiana, (3) the Court of Appeals of Indiana considered whether the Indiana synthetic drug statute, and by implication, the Indiana Pharmacy Board's Emergency Rule, were void for vagueness. (4) The court in Tiplick ultimately held that the Indiana Pharmacy Board's complex statutory language did not clearly set forth provisions describing prohibited conduct in a manner which a person of ordinary intelligence could understand.
Revisions to the Void for Vagueness Doctrine, 8 CARDOZO PUB.