Explain Why Limits Are Imposed On Criminal Laws
Darien Anthony
10/11/2012
Criminal justice 1
Why limits are imposed on Criminal Laws
The founding of criminal law on the principle of rule of law means that the power of government is limited. Unlike royalty in the Middle Ages, which had limitless absolute power, governments are limited in the behavior that can be declared criminal and in the punishments that can be applied for violations of criminal laws. Seven benchmarks are used to assess the legality of criminal laws: * Principle of legality * Ex post facto laws * Due process * Right to privacy * Void for over breadth * Cruel and unusual punishment
Principle of legality refers to a principle that a person may not be prosecuted under a criminal law that …show more content…
Due process involves both procedural and substantive aspects. Procedural due process requires fairness in the methods used to deprive a person of life, liberty or property, while substantive due process requires valid governmental justification for taking a person's life' liberty or property. Due process requirements apply to both criminal and civil law. Due process generally requires fairness in government proceedings. A person is entitled to notice and opportunity to be heard at a hearing when they have life, liberty. or property at stake. Laws should be applied to persons equally, without discrimination on prohibited grounds, such as gender, nationality, handicap, or age. In criminal cases, fair procedures help to ensure that an accused person will not be subjected to cruel and unusual punishment, which occurs when an innocent person is wrongly convicted. Due process requirements apply to such government proceedings as trials, parole hearings, and administrative hearings involving benefits, among others. Void for Overbreadth are laws that go too far, that is, in an attempt to prevent a specific conduct, the law not only makes that conduct illegal but it also prohibits other behaviors that are legally protected. Void- for- overbradth laws frequently are connected with free speech and expressive conduct. Cases challenged for overbreadth that have made their way to the U.S. Supreme Court involve laws prohibiting activities such as public protest, nude dancing, panhandling, erotic art, and flag
10/11/2012
Criminal justice 1
Why limits are imposed on Criminal Laws
The founding of criminal law on the principle of rule of law means that the power of government is limited. Unlike royalty in the Middle Ages, which had limitless absolute power, governments are limited in the behavior that can be declared criminal and in the punishments that can be applied for violations of criminal laws. Seven benchmarks are used to assess the legality of criminal laws: * Principle of legality * Ex post facto laws * Due process * Right to privacy * Void for over breadth * Cruel and unusual punishment
Principle of legality refers to a principle that a person may not be prosecuted under a criminal law that …show more content…
Due process involves both procedural and substantive aspects. Procedural due process requires fairness in the methods used to deprive a person of life, liberty or property, while substantive due process requires valid governmental justification for taking a person's life' liberty or property. Due process requirements apply to both criminal and civil law. Due process generally requires fairness in government proceedings. A person is entitled to notice and opportunity to be heard at a hearing when they have life, liberty. or property at stake. Laws should be applied to persons equally, without discrimination on prohibited grounds, such as gender, nationality, handicap, or age. In criminal cases, fair procedures help to ensure that an accused person will not be subjected to cruel and unusual punishment, which occurs when an innocent person is wrongly convicted. Due process requirements apply to such government proceedings as trials, parole hearings, and administrative hearings involving benefits, among others. Void for Overbreadth are laws that go too far, that is, in an attempt to prevent a specific conduct, the law not only makes that conduct illegal but it also prohibits other behaviors that are legally protected. Void- for- overbradth laws frequently are connected with free speech and expressive conduct. Cases challenged for overbreadth that have made their way to the U.S. Supreme Court involve laws prohibiting activities such as public protest, nude dancing, panhandling, erotic art, and flag