Limitations to Criminalize Behavior Flashcards
(34 cards)
What is an Ex Post Facto Law?
Cannot prosecute a crime unless there was a law criminalizing the act at the time it was undertaken.
What case law covers Ex Post Facto Law?
Stogner v. California
Describe how Stogner v. California influenced Ex Post Facto Law
- 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.
Vague and Overbroad laws are equivalent to what constitutional standard?
Right to Due Process
What 3 policies drive Vague and Overbroad laws?
- 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
What 2 case laws cover Vague and Overbroad Laws?
Papachristou v. City of Jacksonville
Kolender v. Lawson
Describe how Papachristou v. City of Jacksonville influenced Vague and Overbroad laws
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.
Describe how Kolender v. Lawson influenced Vague and Overbroad laws
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.
What actions define “speech”?
Silence
Speech
Symbology
Expressions
What type of speech is not protected?
Obscenities
Fighting Words
Anything that Presents Clear and Present Danger
What 4 Case Laws Define Protected Speech?
Texas v. Johnson
Cohen v. California
Packingham v. North Carolina
Church of the Lukumi Babalu Aye v. City of Haileah
How did Texas v. Johnson play a role in protected speech?
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.
How did Cohen v. California play a role in protected speech?
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.
How did Packingham v. North Carolina shape protected speech and vague/overbroad laws?
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.
How did the Church of the Lukumi Babalu Aye v. City of Hialeah play a role in protected speech?
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.
What 3 classifications can potentially violate discriminatory or equal protection laws?
Race
Gender
Other (i.e. age)
How are potentially racial laws seen by the courts?
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.
What case law covers racial interests with the courts?
Loving v. Virginia
Describe Loving v. Virginia and how it affects racially charged laws.
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.
How are potentially gender-related laws seen by the courts?
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.
What case law covers gender related laws?
Michael M. v. Superior Court
How does Michael M. v. Superior Court shape gender related laws?
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.
How are other cases such as age scrutinized by the courts?
The courts apply the lowest level of scrutiny to these cases and the government needs only to provide a rational and non-arbitrary reason.
How were challenges to the Alaskan law prohibiting marijuana possession from those under 18 seen by the courts?
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.
