This is the old version of the H2O platform and is now read-only. This means you can view content but cannot create content. You can access the new platform at https://opencasebook.org. Thank you.
It seems commonsensical that for criminal punishment to be just and legal, the activity punished must have been made illegal.
However, legality is a more complex subject than it seems, as the cases below illustrate. Legislatures and courts struggle to define and interpret criminal law, and the roles and relationships between these institutions in determining what is criminal have evolved over time. Consider the strengths and weaknesses, advantages and disadvantages of courts and of legislatures in defining particular crimes — a topic you have undoubtedly encountered throughout your 1L year.
Additionally, giving people notice of criminal proscription underpins the idea of legality. Consider the issue of notice. Given the limited knowledge that most people have of the law, can they be said to have actual notice of what conduct is criminal? And should this matter? As you will see, courts sometimes invalidate convictions due to lack of notice, such as when a statute is unconstitutionally vague. Given that most people don’t read criminal statutes, why do courts go to such lengths to uphold the principle of notice?EDIT PLAYLIST INFORMATION DELETE PLAYLIST
Edit playlist item notes below to have a mix of public & private notes, or:MAKE ALL NOTES PUBLIC (3/4 playlist item notes are public) MAKE ALL NOTES PRIVATE (1/4 playlist item notes are private)
|1||Show/Hide More||Commonwealth v. Mochan|
|2||Show/Hide More||McBoyle v. United States|
|3||Show/Hide More||Chicago v. Morales|
|4||Show/Hide More||Lawrence v. Texas|
May 27, 2016
Griswold Reading Groups
Harvard Law School
Search below to find items, then drag and drop items onto playlists you own. To add items to nested playlists, you must first expand those playlists.
This is the old version of the H2O platform and is now read-only. This means you can view content but cannot create content. If you would like access to the new version of the H2O platform and have not already been contacted by a member of our team, please contact us at email@example.com. Thank you.