Void for vagueness

The doctrine was derived from the fifth and the fourteenth amendments of the United States constitution. The clause that was inserted in the constitution as a void for vagueness that meant that the constitution had to be clear and easily understood thereby translated by the people easily. In the document, it has got four underlying policies first it requires the government to clearly differentiate what is right and wrong or to separate the lawful acts from unlawful acts to give a proper guideline to the people. Under the same clause, people are expected to be granted with an opportunity to read and understand the law before they are subjected to this is done in a proper way such that a notice has to be in place prior to interpretation by the law courtlegislators. The reason behind this is to allow individuals to decide on what is right or wrong before they can be subjected to repercussions of the law (Praeger, 2003).

Translation of the clause and the policies behind the void
In ensuring that the law is to standard and not poorly translated by people, proper time and understanding must be created to uphold the moral standards of the law. Secondly, void for vagueness prevents or oppose the arbitrary enforcement and discriminatory statutes by the law makers. According to this policy, one is required to observe and respect the laws and regulations both to the law enforcers and to people who are required to obey the lawssubjects. The third policy on void for vagueness is more concerned with the judges and it clearly states that judges should not apply shabbily structured laws or laws with poor translation and subject it in a wrong way to innocent personalities. Courts are therefore expected to outline laws and the implications in terms of implementation and the punishments attached to each clause to avoid vagueness in interpretation of the law.

The policy expects the defendant to willingly understand the principles behind the law and act in accordance to the law to avoid punishment. Courts always attempt to cover up guilty behavior from criminal acts or judgment making the law courts vulnerable to misinterpretation of the law. They are not subjected to jury and highly dependant to unconstitutional clauses that do not clearly explain the implications in the clause.

The fourth policy for vagueness is the amendments of rights and freedom of individual such as the right to life, movement, association and fundamental freedom such as freedom to worship and freedom to own property.

The clause does not allow certain actions against ones natural rights such as the right to believe and worship different gods but allows freedom of expression. Although courts examines vague laws that deals with fundamental freedom, and the doctrine does not typically apply mathematical accuracy on the part of the legislators. Laws that guide the economy are inspected less closely than laws that regulate persons behavior, and the laws that impose civil rights.

Conclusion
Void for vagueness therefore entails four principles that helps in the implementation of the law in a proper way and in a justified means without biasness or favor to the law breakers. Fundamental and constitutional warranty that states that all legal activities and proceedings are fair and a person must be notified on the constitutional references before heshe is subjected to legal provisions. This will enable a person or the culprit to make up hisher mind before making a decision or before the government decide to take away ones life, liberty or on his belongingspossessions through capital punishment. Finally, the constitution should always be clear and strait to the point to avoid misinterpretation of the law. However, the American constitution in accordance to the fifth amendment does not allow the government to arbitrary alter with ones freedom, liberty and property as opposed to most states where freedom of individuals are denied by the government. The clause also states clearly that the constitution should be justifiable, reasonable and easy to interpret.

0 comments:

Post a Comment