Dressler, p. 78-101: Principle of Legality

Jeffries

There are three doctrines that balance the roles of the courts and legislatures in making criminal law:

1. The principle of legality says that courts should not create new crimes.

2. The doctrine of void-for-vagueness says that legislatures have to explain what they mean and not leave all the work up to the courts.

3. The rule of strict construction says that if a criminal law is uncertain, it should be decided with a slant toward the defendant.

1. The Requirement of Previously Defined Conduct

Case: Commonwealth v. Mochan

Case: Keeler v. Superior Court

1. The Values of Statutory Clarity

Case: In Re Banks