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Analysis Of The Void-For Vagueness Doctrine

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A statute may be voided for vagueness if it is determined a reasonable person cannot comprehend what activity is being prohibited (Hall, 2014). Additionally, the statute may be voided if the penalty for the activity is not clearly defined so that a reasonable person could discern the penalties for the prohibited actions. This can become a due process issue, by not giving full disclosure to the people explaining the action prohibited, moreover, not detailing the punishment for the action. The void-for-vagueness doctrine provides a protection of the people, requiring that laws be detailed to avoid police and prosecutors from having infinite power over determining what individuals should be charged. The void-for-vagueness doctrine most commonly applies to criminal cases. …show more content…

The overbreadth doctrine differs from the void-for-vagueness doctrine as it applies more toward violations of Constitutional rights rather than criminal situations. The most commonly protected activity that the overbreadth doctrine prohibits infringement upon is the First Amendment of the Constitution. The First Amendment protects freedom of speech rights of the people, when a law is found to be overbroad it is commonly restricting the rights of the people to express themselves freely. An overbroad law may be so restricting the people may decide not to participate in an activity for fear of being charged with a

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