Derek Moran April 26 VOID FOR VAGUENESS: a criminal statute is constitutionally void-for-vagueness, when it is SO vague that persons of common INTELLIGENCE must necessarily GUESS at its meaning and DIFFER as to its APPLICATION. A statute is VOID when it is VAGUE, either as to what persons fall within the scope of the statute, what conduct is forbidden, or what punishment may be imposed. DUE PROCESS requires that criminal statutes, administrative crimes, and common law crimes be REASONABLY DEFINITE as to persons and conduct within their scope and the punishment which may be imosed for their violation. In determining whether a legislative, judicial or administrative definition is void-for-vagueness, the following inquiries are appropriate: (1) Does the law give FAIR NOTICE to those persons potentially subject to it? (2) Does the law adequately guard against arbitrary and discriminatory enforcement? (3) Does the law provide for sufficient breathing space for First Amendment Rights? Use of this doctrine as a constitutional attack is based upon an assertion that the meaning of the statute in question is SO uncertain and unclear as to render it VOID. The due process clause of the Fifth Amendment requires that criminal statutes give reasonably CERTAIN NOTICE that an act has been made criminal before it is committed. Every person should be able to know with CERTAINTY when he or she is committing a crime. Barrons Law Dictionary 3rd-edition.-...FULLY INFORMED... (footnote: Inglis v. Beaty (1878, Ontario) Before a beneficiary can be held to have CONSENTED to a BREACH OF TRUST, it MUST be shown that the beneficiary was FULLY INFORMED of its RIGHTS and of ALL the MATERIAL FACTS and its circumstances of the case) In other words whether the alleged approval comes before OR after the breach, there must be NO question of the CONCEALMENT of INFORMATION by the TRUSTEE or the OMISSION to TELL THE BENEFICIARY FACTS CONCERNING THE MATTER. It would follow that it is IRRELEVANT that the trustee was HIMSELF IGNORANT of any particular FACT; it is the STATE OF MIND OF THE BENEFICIARY THAT IS IN QUESTION. (footnote: a beneficiary is ENTITLED to TRUST the TRUSTEE, and, to RELY upon him UNLESS there is something to AROUSE HIS SUSPICION: Casey v. Gabourie (1887, Ontario)
Posted on: Mon, 14 Jul 2014 17:37:30 +0000
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