Fair notice and criminalizing abortions
JOURNAL OF CRIMINAL LAW & CRIMINOLOGY(2024)
摘要
The principle of legality requires that individuals receive "fair notice" of conduct that is criminal. Courts enforce this fair notice requirement through various interpretive principles and practices, including the void -forvagueness doctrine. The void -for -vagueness doctrine remains undertheorized, however, despite its centrality to the interpretation of criminal statutes. We offer a new theory of the void -for -vagueness doctrine that accounts for recent Supreme Court decisions. Specifically, we propose a scalar theory that fair notice is a matter of degree, dependent on various factors. We explore the implications of this theory for anti -abortion statutes post -Dobbs and explain why many of these statutes do not provide fair notice to either ordinary individuals or medical professionals.
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