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 ?
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.
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.
The Court went on to state that legislation "declaring the transaction unlawful or stripping a participant of his rights under it" would equally fall within the rule of Cohen, and it approved the reasoning of several lower courts that had similarly held that civil statutes could be void for vagueness.
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.
101) In cases of norms declared void for vagueness, courts have often replaced the vague standards that have such "chilling effects" with more narrowly-tailored rules.
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.
This ordinance is void for vagueness, both in the sense that it
The court held the law void for vagueness and thus unconstitutional.