Criminal Statutes and Legality

Question 1

legality

Answer 1

the ability to punish due to an existing law. that law has to be:
- consitutional, and
- ∆’s actions have to fit within that law

Question 2

doctrine of lenity

Answer 2

judicial interpretation of ambiguous statutes is biased in the accused’s favor

Question 3

defined conduct

Answer 3

principle of legality. can take the form of written statutues, interpretation of words.
when the law is interpretted in cts, it becomes a settled law

Question 4

constiutionality

Answer 4

basic principle of legality. due process protected. can involve adequate notice of a crime

Question 5

Commonwealth v. Mochan

Answer 5

F: ∆ calls woman every night on the phone and harasses her. no law specifically outlawed this but PA Penal Code had a clause saying common law principles remain unlawful
Q: whether this fact pattern can be tried under common law
A: Yes
Why?: previous case law of public indecency -> acts injuring the public, outrage of decency all outlawed under common law. still apply here

Question 6

Keeler v. Superior Ct

Answer 6

F: ∆ hits his ex-wife in the stomach with intent to kill her in-utero baby. baby was perfectly healthy and dies a stillboard
Q: whether ∆ can be tried for murder
A: no
Why?: CA Penal Code says murder has to be done to a human being born alive. Ambiguity around the statute means rule of lenity applies. Fetuses are not human beings here

Question 7

rule of lenity

Answer 7

prosecution has the burden of proving a ∆’s actions fit a statute if the statute’s terminology is ambiguous or too broad

Question 8

void for vagueness

Answer 8

statutes are too broad or too narrow and are interpretted as unconstitutionally vague. ct can interpret to increase clarity as they see fit
an issue because not every citizen can know what they can and cannot do

Question 9

vagueness in statutes downsides

Answer 9

1. arbitrary enforcement
2. inability to conform your conduct around the law
3. potentially inhibiting on 1st Amendment freedoms

Question 10

Muscarello v. United States

Answer 10

F: ∆ arrested for selling marijuana. @ time of arrest, had a gun in a locked glove compartment. there’s a mandatory 5 year sentence for carrying firearm during drug deal
Q: whether the gun in the glove compartment constitutes as carrying
A: yes
Why?: carry isn’t limited to weapons directly on the person. the statute should be interpretted broadly and include these circumstances