STATUTORY VAGUENESS IN THE SENTENCING OF DANGEROUS SPECIAL OFFENDERS

• NCJ Number: 42057
• Journal: Iowa Law Review Volume: 62 Issue: 4 Dated: (APRIL 1977) Pages: 1204-1219
• Author(s): ANON
• Date Published: 1977
• Length: 16 pages
• Corporate Author: University of Iowa
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS COMMENT CRITICALLY EXAMINES THE REASONING EMPLOYED BY THE U.S. COURT OF APPEALS FOR THE SIXTH CIRCUIT IN THEIR OPINION IN UNITED STATES V. STEWART (1976) HOLDING THE FEDERAL DANGEROUS OFFENDER STATUTE NOT TO BE VAGUE.

Abstract

AFTER A DISCUSSION OF IMPORTANT PROCEDURAL ASPECTS OF THE DANGEROUS SPECIAL OFFENDER STATUTE, PARTICULAR SCRUTINY IS GIVEN TO THE STEWART COURT'S ANALYSIS OF THE TWO CHALLENGES TO THE STATUTE'S CONSTITUTIONALIY. FIRST, THE ISSUE CONCERNING THE VAGUENESS OF THE TERM 'DANGEROUS' IN THE APPLICATION PROVISIONS OF THE STATUTE IS EXAMINED; SECOND, THE ASSERTED VAGUENESS OF THE PROPORTIONALITY REQUIREMENT IN THE STATUTE'S SENTENCING PROVISIONS IS EVALUATED. FINALLY, THE STEWART COURT'S ANALYSIS IS DISCUSSED IN LIGHT OF THE TRADITIONAL VALUES THAT UNDERGRID THE VAGUENESS DOCTRINE.(AUTHOR ABSTRACT MODIFIED)...TWH