Void For Vagueness

Lawrence Texas (2003)

Referring to a statute defining a crime which is so vague that a reasonable person of at least average intelligence could not determine what elements constitute the crime. such a vague statute is unconstitutional on the basis that a defendant could not defend against a charge of a crime which he/she could not understand, and thus would be denied “due process” mandated by the 5th amendment, applied to the states by the 14th amendment.

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