Is a penal statute or regulation void for vagueness?
MultiRegion, United States of America
The following excerpt is from United States v. Parrel, No. 2:12-cr-00244-KJM (E.D. Cal. 2013):
A penal statute or regulation is void for vagueness if it does not "define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited." Kolender v. Lawson, 461 U.S. 352, 357 (1983). This is the standard because "we assume that man is free to steer between lawful and unlawful conduct . . . [and] [v]ague laws may trap the innocent by not providing fair warning." Id. at 108-09.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of review for determining whether a statute or regulation is unconstitutionally vague? (MultiRegion, United States of America)
What is the test for determining whether a statute or regulation is unconstitutionally vague? (MultiRegion, United States of America)
Is a federal statute or regulation unconstitutionally vague? (MultiRegion, United States of America)
How have the courts interpreted the meaning of a statute in the context of the history of the statute? (MultiRegion, United States of America)
Is a federal district court's interpretation of a federal statute a de novo review of the interpretation of the federal statute? (MultiRegion, United States of America)
Does the US Federal Trade Commission have the authority to regulate an industry that is subject to heavy federal regulation? (MultiRegion, United States of America)
Is a federal district court's interpretation of a federal statute a de novo review of the interpretation of the federal statute? (MultiRegion, United States of America)
What is the test for judicial deference to an administrative tribunal on the interpretation of its "home statute" or statute? (Canada (Federal), Canada)
Can damages be sought under a statute with an explicit private right of action where the statute does not specify the remedies available? (MultiRegion, United States of America)
What is the result of a reviewable error in a visa officer's interpretation of paragraph 20(1.1)(a) of the Regulations Regulations? (Canada (Federal), Canada)
