Terms in this set (9)
majority can't make a crime out of what the constitution protects as a fundamental right.
Rule of law
the idea that government power should be defined and limited by law.
Principle of legality
"No crime without law; no punishment without law"; means no one can be convicted of, or punished for a crime unless the law defined the crime and prescribed the punishment before a person engaged in the behavior that was defined as a crime. Its called, "the first principle of criminal law"
Ex post facto law
a radio active law that does one of the 3 thing (1) criminalizes an act that wasn't a crime when it was committed. (2) increased the punishment for a crime after the crime was committed (3) takes away a defense that was available to a deterrent when the crime was committed
Void for Vagueness
the principle that statutes violate due process if they don't define a crime and its punishment clearly enough for ordinary people to know what is lawful
in vague law, isn't whether the defendant knows there is a law against the act but whether an ordinary, reasonable person would know that the act is a crime
Rule of Lenity
the requirement of courts to resolve every ambiguity in a criminal statute in favor of the defendant
Narrow Lenity Rule
the requirement of court to interpret ambiguous statutes in favor of defendant only in the core felony cases and other crimes requiring fault.
Presumption of innocence
the prosecution has the burden of proof when it comes to proving the criminal act and intent
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