ADMJ 103 Lecture Notes - Lecture 7: Vagueness, Mens Rea, Legislative Intent
21 Aug 2020
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Defendant caused trauma to abdomen of pregnant ex-wife. It had been viable and death could have been caused by defendant=s assault. The enacting legislature intended human being to mean one who had been born alive and did not intend to criminalize causing the death of a fetus. Therefore, defendant was not criminally liable for causing the death of the fetus. Legislative intent-- intent at the time the statute was enacted. Criminal statute must be construed with regard to the evil it was intended to suppress. When the language is clear and unambiguous, there is not room for judicial construction. Words not to be deemed merely redundant if they can reasonably be construed to add something to the statute in harmony with its purpose. City of chicago v. morales (gang on the corner) -- statute was unconstitutional (vague) because. It fails to provide fair notice of prohibited conduct. And does not establish minimal guidelines for enforcement.
