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Special Crime Victim Topic

In: Science

Submitted By dymia
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The United State Constitution

CJ 310-02 Criminal Law

April 7, 2011

In Criminal law, there is an ancient proposition saying,” no crime without law, no punishment without law. That in criminal law is based on the principle of legality. The ancient saying means that no one can be convicted or punished, unless there is a law that defines it’s as a crime. The case of Treva Hughes, Ms Hughes was driving while under the influence. She ran into Ms. Reesa Poole and killing her unborn child and was convicted. The Appeals Court reversed her conviction because the law didn’t give Ms. Hughes fair warning that it included the unborn in homicide stature. An Ex Post Facto Laws criminalizes an act that was innocent when it was committed. It is the clearest example of ex post facto laws, they’re also the rarest. Ex Post Facto also increases the punishment for a crime after the crime was committed. Just as clear an rare like the first one. An example is raising the age of statutory rape form 16 to 21. Finally it takes away a defense that was available to a defendant when the crime was committed. The Ex Post Facto ban is protect private individuals by ensuring that legislature give them a fair warning about criminal and that they can rely on that requirement. The other purpose is to prevent legislators form passing arbitrary and vindictive laws. The Void-for-Vagueness Doctrine takes aim similar to the ban on ex post facto. Void laws fails to give fair warning to individuals as to what the law prohibits. It can never cure the uncertainty in all laws because laws are in word, not numbers. 14 amendment of the U.S constitutional states that,” no state shall deny to any person within its jurisdiction the Equal protection of the laws. Equal Protection is more frequently an issue in criminal procedure than it is in criminal law. First of all, equal protection doesn’t...

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