Posted on

City of Chicago v. Morales, 527 U.S. 41 (1999)

Case Name: City of Chicago v. Morales
Citation: 527 U.S. 41 (1999)

Facts: Chicago enacted the Gang Congregation Ordinance prohibiting “criminal street gang members” from “loitering” with one another in any public case.

The offense required four predicates:

  1. Police officer must reasonably believe that at least one of the people is a criminal street gang member
  2. The people must be “loitering” – defined as – “remaining in any  one place with no apparent purpose”
  3. The officer must order all of the people to disperse and remove themselves from the area
  4. A person must disobey the officer’s order

Issue: Whether the ordinance violates the Due Process Clause of the 14th Amendment

City’s argument: The person receives adequate notice once the officer tells him to disperse. Also, crime went down when the ordinance was enacted (footnote). Police officers need discretion.

Defendant’s argument: The ordinance is so vague and it leaves the “public uncertain as to the conduct it prohibits.” (See example of drug dealing basketball players in footnote). An officer’s order cannot retroactively give adequate warning of the boundary between the permissible and the impermissible applications of the law. The ordinance has an overall lack of clarity and there are no guidelines for law enforcement as the ordinance gives them absolute discretion.

Holding: The city’s ordinance affords too much discretion to the police and too little notice to citizens.

Concurrence: Apparent purpose – needs a standard to go along with it

Dissent: Police/peace officers have always had discretion and have always performed the duty of preventing loitering (“move along” he calls it). Also, the majority underestimates the intelligence of the people of Chicago and whether or not they will know if the public perceives them as having no apparent purpose.

Posted on

Keeler v. Superior Court, 2 Cal. 3d 619 (1970)

Case Name: Keeler v. Superior Court
Citation: 2 Cal. 3d 619 (1970)

Facts: Keeler kneed his wife in the stomach to purposefully kill her fetus.

Issue: Whether the fetus, which would have been viable outside the womb, can be considered a “human being” for purposes of the California Penal Code.

Defendant’s argument: A fetus does not fall within the meaning of a “human being” when looking at legislative history. Furthermore:
1) The power to define a crime is a legislative function (the court exercised judicial enlargement which is a violation of the separation of powers), and
2) Due Process requires a fair warning and the government cannot enact an ex post facto law
– It is “unforeseeable” to consider a fetus a human being

State’s argument: The fetus was viable outside of the womb and should be considered a “human being” and it is within the judicial interpretation power to state this.

Holding: The judicial enlargement of the criminal statute was not foreseeable by the defendant and “its adoption at this time would deny him due process of law.” We require more specificity when you are at risk of losing your personal liberty.

Dissent: We should interpret the term “human being” with today’s medical science. The legislature used a broad term, “human being,” (as opposed to “one who has been born alive”). Also, the fact that California courts have not had this same question does not render the judgment “unforeseeable.”

 

Posted on

McBoyle v. United States, 283 U.S. 25 (1931)

Case Name: McBoyle v. United States
Citation: 283 U.S. 25 (1931)

Facts: McBoyle was convicted of knowingly transporting a stolen aircraft in interstate commerce.

Issue: Whether the term “vehicle” in the NMVTA applies to aircraft.

Defendant’s argument: The definition of “vehicle” in the act specifies many land vehicles but does not mention anything about aircraft. There is nothing in the legislative history that mentioned aircraft.

State’s argument: The definition includes “any other self-propelled vehicle not designed for running on rails.” An aircraft meets this definition.

Court’s reasoning: Although a criminal is not likely to carefully consider the text of the law before committing a crime, the law should give reasonable fair warning (notice) and be written in language that the common world will understand. In everyday speech, the term “vehicle” conjures up the “picture of a thing moving on land.” Also, the definitions only list motor vehicles that move on land.

Judgment: Reversed.