What is the test for a criminal statute's adequacy of standards or guidelines for its application?
California, United States of America
The following excerpt is from People v. Nguyen, 161 Cal.App.3d 687, 207 Cal.Rptr. 870 (Cal. App. 1984):
The second component focuses on the adequacy of standards or guidelines for the law's application. "Where the legislature fails to provide ... minimal guidelines, a criminal statute may permit 'a standardless sweep [that] allows policemen, prosecutors, and juries to pursue their personal predilections.' ..." (Kolender v. Lawson, supra, 103 S.Ct. 1855, 1858-1859, fn. and citations omitted.)
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