Review Note

Fundamental Principles of Fairness (Arguments) 

• {{c1::Written statute requirement}}
• Fair notice
• {{c1::Retroactivity}}
• {{c2::Violates ex-post facto clause of article 1 of constitution}}
  
• {{c3::Future criminalization must be foreseeable at time it was committed to be enforceable}}
  
•  Fair notice
• {{c4::Knowledge that conduct is not acceptable before deciding to do it (free will)}}
• Exception: {{c5::Courts may impose retroactive application only if application isn’t unexpected & indefensible (Rogers v. Tennessee)}}
• {{c1::Vagueness}}
• When looking at statute no one knows how law will be applied in future cases
• Vague if:
• {{c6::(1) worded in standardless way that invites arbitrary or discriminatory enforcement}} or
• {{c7::(2) fails to give adequate notice of prohibited conduct
• So unclear it can lead to unpredictable results (City of Chicago v. Morales)}}
• Rule of Lenity
• {{c8::If vague or ambiguous -> should read in favor of defendant}}
• Court Looks At
• {{c9::Plain meaning
• Legislative history
• Common law
• Purpose behind statute
• Social policy}}
• Policy
  
• {{c10::Legislature had opportunity to express clearly -> give advantage to person of less power
• Mitigate harshness of capital sentencing that preceded in historical common law}}
• Some jurisdictions have abolished after MPC
• {{c11::Rarely invoked in jurisdictions where it still exists }}