Limitations to Criminalize Behavior

Question 1

What is an Ex Post Facto Law?

Answer 1

Cannot prosecute a crime unless there was a law criminalizing the act at the time it was undertaken.

Question 2

What case law covers Ex Post Facto Law?

Answer 2

Stogner v. California

Question 3

Describe how Stogner v. California influenced Ex Post Facto Law

Answer 3

• Allegedly committed sex crimes between 1955 and 1973
• Statutes of limitations (SOL) at the time was 1 year
• In 1993 and amended in 1996, CA changed the limitation period
• Under the new SOL, victims came forward
• Later determined unconstitutional because CA changed the law to subject the defendant to prosecution and punishment when they would otherwise not be at the time.

Question 4

Vague and Overbroad laws are equivalent to what constitutional standard?

Answer 4

Right to Due Process

Question 5

What 3 policies drive Vague and Overbroad laws?

Answer 5

• Should place all people on notice to what is prohibited and allowed
• Should be drafted in such a way that police discretion should be minimized
• Should be drafted in such a way that reasonable people don’t have to guess its meaning and wording

Question 6

What 2 case laws cover Vague and Overbroad Laws?

Answer 6

Papachristou v. City of Jacksonville

Kolender v. Lawson

Question 7

Describe how Papachristou v. City of Jacksonville influenced Vague and Overbroad laws

Answer 7

2 interracial couples looking at cars in a car lot after the business was closed. The statue at the time was overly broad and nobody could really tell what was and was not lawful behavior.

Question 8

Describe how Kolender v. Lawson influenced Vague and Overbroad laws

Answer 8

Stopped and arrested 15 times for violating a law which said that someone who is loitering or wandering on the streets to provide “credible and reliable” identification to account for their presence. The statute was struck down for being too vague.

Question 9

What actions define “speech”?

Answer 9

Silence

Speech

Symbology

Expressions

Question 10

What type of speech is not protected?

Answer 10

Obscenities

Fighting Words

Anything that Presents Clear and Present Danger

Question 11

What 4 Case Laws Define Protected Speech?

Answer 11

Texas v. Johnson

Cohen v. California

Packingham v. North Carolina

Church of the Lukumi Babalu Aye v. City of Haileah

Question 12

How did Texas v. Johnson play a role in protected speech?

Answer 12

Mr. Johnson was arrested for burning the American flag during a demonstration outside Republican Convention. Convicted and later overturned since burning the flag is a protected form of speech.

Question 13

How did Cohen v. California play a role in protected speech?

Answer 13

Cohen was arrested for wearing a jacket that said fuck the draft during the Vietnam War. Later overturned since this was a political statement which is a form of protected speech.

Question 14

How did Packingham v. North Carolina shape protected speech and vague/overbroad laws?

Answer 14

Arrested for being a sex offender and having a social media account when the law does not allow sex offenders to have access to things children could be members. Later overturned since the law is too broad and not specific. Furthermore, it cut him off from all social interactions simply because he was a sex offender.

Question 15

How did the Church of the Lukumi Babalu Aye v. City of Hialeah play a role in protected speech?

Answer 15

The church was prosecuted for animal cruelty laws for slaughtering animals. The church argued for religious freedom. Although it was not illegal, the way in which it was enforced was. The church was discriminatory enforced since other churches were not held to the same enforcement even though they also slaughtered animals.

Question 16

What 3 classifications can potentially violate discriminatory or equal protection laws?

Answer 16

Race

Gender

Other (i.e. age)

Question 17

How are potentially racial laws seen by the courts?

Answer 17

With the most serious level of scrutiny. The government must show a compelling interest to uphold the law. This is a very hard standard to hold.

Question 18

What case law covers racial interests with the courts?

Answer 18

Loving v. Virginia

Question 19

Describe Loving v. Virginia and how it affects racially charged laws.

Answer 19

Interracial laws were prohibited at the time. The Lovings were prosecuted and convicted for their marriage. The government later could not present a compelling reason why the law was needed and it was ultimately struck down.

Question 20

How are potentially gender-related laws seen by the courts?

Answer 20

The courts a mid-level type of scrutiny to the law. The government must show a fair and substantial relationship to a legitimate states end to uphold the law.

Question 21

What case law covers gender related laws?

Answer 21

Michael M. v. Superior Court

Question 22

How does Michael M. v. Superior Court shape gender related laws?

Answer 22

Michael was charged with statutory rape for unlawful sex with a female under 18. The challenge to the law based their position that this law only applies to males. The law was later upheld since the government showed a fair and substantial relationship by protecting young females from underage pregnancy.

Question 23

How are other cases such as age scrutinized by the courts?

Answer 23

The courts apply the lowest level of scrutiny to these cases and the government needs only to provide a rational and non-arbitrary reason.

Question 24

How were challenges to the Alaskan law prohibiting marijuana possession from those under 18 seen by the courts?

Answer 24

Many objected stating that it was age discrimination. The courts disagreed stating the government’s interest was to keep marijuana out of the schools which was a good reason.

Question 25

What is the takeaway with regards to how the Supreme Court views laws which violate the Prohibition Against Cruel and Unusual Punishment?

Answer 25

The Supreme Court wants governments to punish people for their behavior, not their status.

Question 26

What are two case laws pertaining to laws which violate Cruel and Unusual Punishment?

Answer 26

Robinson v. California

and

Powell v. Texas

Question 27

How did Robinson v. California contribute to laws regarding Cruel and Unusual punishment?

Answer 27

Robinson was charged with the crime of being a drug addict. The Supreme Court reversed saying that you cannot charge someone for their status as an addict.

Question 28

How did Powell v. Texas contribute towards laws related to Cruel and Unusual Punishment?

Answer 28

Powell was charged with public intoxication, and the argument came up under the Robinson case saying that you cannot charge someone for their status. The government responded and said they are charging him for his behavior, not his status.

Question 29

The constitution protects people under two levels of privacy. What are they?

Answer 29

Procedural: Cannot enter our homes without a warrant

and

Substantive: Protecting rights to do things without the government interfering

Question 30

What are the three Sexual Freedom Cases?

Answer 30

Bowers v. Hardwick

Lawrence v. Texas

Obergefell v. Hodges

Question 31

How did Bowers v. Hardwick contribute to the Sexual Freedom cases?

Answer 31

Found by a police officer to be having sex with another male and arrested. The Supreme Court upheld the law saying the government has a right to criminalize this type of behavior. However, what began to happen was that people began to challenge the laws under the State Constitutions and a chain reaction began where these laws were found unconstitutional under individual state constitutions.

Question 32

How did Lawrence v. Texas contribute to the Sexual Freedom Cases?

Answer 32

The Supreme Court had another look at these cases and later changed their position and approved the rights of gay individuals.

Question 33

How did Obergefell v. Hodges contribute to the Sexual Freedom Cases?

Answer 33

The Supreme Court said that gay married couples should have the same protections under the law as married couples that were heterosexual.