By Thomas J. Gardner, Terry M. Anderson
Equipping you with a realistic realizing of criminal themes, Gardner and Anderson's felony legislations, twelfth version, supplies entire insurance of the main elements of noticeable legal legislations in a remarkably reader-friendly presentation. Its narrative, descriptive process exposes readers to the language of the legislations with out overwhelming them. an established industry chief, the e-book deals entire insurance of the problems and ideas that force American felony justice at the present time.
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Additional resources for Criminal Law (12th Edition)
The ex post facto restriction also only limits the power of state and federal legislative bodies; it does not apply to the judicial branch of government. S. Supreme Court case of Rogers v. S. 451 (2001). The ex Post Facto Clause forbids the following: 1. Laws made retroactive so as to make conduct before the enactment of the law a criminal violation. 2. , making a misdemeanor a felony as of a date six months before the enactment of the legislation). 3. Laws that increase the punishment for a crime retroactively.
Supreme Court in 2010 held that a defendant who was convicted of a criminal sexual offense and who traveled in interstate commerce, both of which occurred before SOrNa was passed, could not be convicted of failing to register as a sex offender. SOrNa states that any convicted sex offender who travels in interstate commerce must register under applicable state sex offender laws. Failure to do so is a federal offense. The defendant traveled to a new state without registering, but did so before SOrNa was passed.
No conduct constitutes an offense unless it is described as an offense in this Code or in another statute of this State. The second tenet of the principle of legality requires that a statute must define criminal conduct clearly enough that people affected by the statute will receive adequate notice of the behavior prohibited. If the statute is too vague, courts might construe the statute to include conduct not reasonably understood to be prohibited, thus effectively creating a new crime. The “void for vagueness” doctrine is discussed in more detail later in this chapter.
Criminal Law (12th Edition) by Thomas J. Gardner, Terry M. Anderson