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CB Papachristou v Jasonville - Holding No vague laws are...

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Papachristou v. Jacksonville 405 U.S. 156 (1972) Fact: Procedural Facts: All parties charged within Florida municipal court. Five consolidated cases brought to Superior court Operative Facts: These group of people were charged under the Jacksonville Ordinance Code. Margaret Papachristou, Betty Calloway, Eugene Eddie Melton, and Leonard Johnson: charged with prowling by auto. Jimmy Lee Smith and Milton Henry charged with vagrancy (vagabonds) (living a carefree life) Henry Edward Heath arrested for vagrancy (loitering and common theif) Thomas Owen Campbell charged with vagrancy (common theif) Hugh Brown was charged with vagrancy (disorderly loitering on street, and resisting arrest with violence). Issue: Broad Question: Do vauge laws that allow police to round-up anyone who might be a suspect to be a potential nuisance of peace, constitutionally sound? Narrow Question: Does the Jacksonville Ordinance code give too much power to the police because of the vague rules they have?
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Unformatted text preview: Holding: No vague laws are unconstitutional, and Yes the Jacksonville Ordinance code gives too much power to the police Rule: Laws should not be too broad to encompass people whom do not disturbs the peace (reasonably innocent bystanders). Rational: The idea that a law would be wide enough to give the police officers a large net with many innocent and harmless bystandards should not be in place because of the idea that laws are meant to give police officers power to arrest people with probable cause. Someone not out of mere suspicion or even a record of crimes, but one who will, with evidence, commit or has committed a crime. Synthesis: To link this to due process, in terms that an ordinary person with average intelligence should be able to know when they are committing a crime. This law opens up a door too vague to know if they are acting suspiciously with an innocent mind. Dissent/Concurence:...
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