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Void for Vagueness

2 October, 2015 - 10:22

Void for vagueness challenges the wording of a statute under the due process clause. A statute is void for vagueness if it uses words that are indefinite or ambiguous. Statutes that are not precisely drafted do not provide notice to the public of exactly what kind of behavior is criminal. In addition, and morimportant, they give too much discretion to law enforcement and are unevenly enforced. 1 With a void for vagueness challenge, the statute must be so unclear that “men of common intelligence must guess at its meaning,” 2 which is an objective standard.