Requirement of Harm

Question 1

Harm

Answer 1

Loss of value to a person or society

Question 2

Types of Harm

Answer 2

(1) Actual; or

(2) Potential

Question 3

Acts That Do Not Cause Harm

Answer 3

(1) Consensual Acts [that take place in private]

(3) Status

Question 4

MPC § 2.01: Involuntary Acts

Answer 4

(1) a reflex or convulsion;
(2) a bodily movement during unconsciousness or sleep;
(3) conduct during hypnosis or resulting from hypnotic suggestion; or
(4) a bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual

Question 5

The Legality Doctrine

Answer 5

Forbids Ex Post Facto Laws

Question 6

The Exception to the Legality Doctrine

Answer 6

(1) Retroactive application by the judiciary,
(2) of a change in the common law of crimes,
(3) that does not violate the Ex Post Facto or Due Process Clauses,
(4) unless the application is unexpected and indefensible

Question 7

Specificity

Answer 7

Statutes Must Be…

(1) Described prohibited conduct w/sufficient specificity;
(2) Adequately inform/notify ordinary citizen of the prohibited conduct;
(3) Not allow for discriminatory enforcement; and
(4) Be of prospective application

Note: statutes that are too vague are unconstitutional