Class 6(B): The Limits of Criminalization

Prepare:

Read Dressler, pages 33-48, 55-62

Think about the various limitations on the power of legislatures, the courts, and the executive to create and define crimes and impose punishments. What is the source of these limitations? How do these limits apply in actual cases? How, if presented with a statute that perhaps goes beyond acceptable limits, would you articulate arguments to challenge it?

Do: Try the following problems to see how the principles we’ve read about apply to actual statutes. What kind of arguments can you make on behalf of the defendant? the government? Would you expect them to succeed?

In Class: Exercise on the Limits of Criminalization

Reflect:

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