Premium Essay

Chicago Ordinance Case Study

Submitted By
Words 486
Pages 2
The City Of Chicago council enacted in the gang congregation ordinance which stops gang members from loitering with another person in any area in public. Also the supreme court of Illinois came down on the ordinance on the fact that it violated the due process clause of the fourteenth amendment. During the case review the court agreed with the supreme court of illinois that the ordinance was unconstitutionally vague. The ordinance didn’t meet the notice requirements because it didn’t meet an fair notice of what constituted prohibited conduct. Because no conduct was specified by the ordinance, the entire ordinance failed to give the citizen a fair notice of what was wrong and not allowed. The ordinance also violated the requirement guidelines to govern law enforcement.
IV. Issue: Is a statute which provides penalties for criminal activity unconstitutionally vague if it doesn’t give credible notice regarding the type of criminal activity prohibited.
V. Yes and Affirmed
VI. Rationale: The law fails to provide notice that permits ordinary persons to understand the conduct prohibited. …show more content…
Justice O’Connor states “I agree with the court that Chicago’s gang congregation ordinance is unconstitutionally vague’’. A penal law is void for vagueness if it fails to define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited or fails to establish guidelines to prevent arbitrary and discriminatory enforcement of the law. The more important aspect of vagueness doctrine is the requirement that a legislature establish minimal guidelines to govern law enforcement. I share JUSTICE THOMAS concern about the consequences of gang violence, and I agree that some degree of police discretion is necessary to allow the police to perform their peacekeeping responsibilities

Similar Documents

Premium Essay

Gun Control

...criminal use of these weapons. (MICROSOFT (R) ENCARTA 1995) In the year 2004 there were more than 210 million privately owned guns in the United States, which makes it plain to see why there are arguments for and against even the smallest amount of gun control. The Second Amendment to the Constitution of the United States guarantees “the right of the people to keep and bear Arms shall not be infringed.” In the 1930s a law passed by the federal government that required people wishing to own or possess a fully automatic or sawed-off barrel firearm to pay a $200 registration fee. This law was amended in 1986 to ban the manufacture of fully automatic firearms. (MICROSOFT (R) ENCARTA 1995) Some of the U.S. cities, such as Washington D.C., Chicago, and New York City, place restrictions on handgun ownership. A few cities across the U.S. Have handguns banned entirely. A federal law restricts handgun ammunition capable of piercing body armor, and also requires that guns with plastic parts to contain enough metal in the gun to be detectable amount of metal. Law enforcement groups are among the most influential supports for a stricter gun control laws. Efforts to pass national gun control laws have met fierce opposition from gun lobbyist. However in 1993, after a seven year battle, the congress of the United States passed the Brady bill, which requires prospective gun buyers to wait five working days before actually taking possession of their firearms. The bill was named after...

Words: 3849 - Pages: 16

Free Essay

Day Laborers

...U.S. Department of Justice Office of Community Oriented Policing Services Problem-Oriented Guides for Police Problem-Specific Guides Series No. 44 Disorder at Day Laborer Sites by Rob T. Guerette www.cops.usdoj.gov Center for Problem-Oriented Policing Got a Problem? We’ve got answers! Log onto the Center for Problem-Oriented Policing website at www.popcenter.org for a wealth of information to help you deal more effectively with crime and disorder in your community, including: • Web-enhanced versions of all currently available Guides • Interactive training exercises • Online access to research and police practices • Online problem analysis module. Designed for police and those who work with them to address community problems, www.popcenter.org is a great resource in problem-oriented policing. Supported by the Office of Community Oriented Policing Services, U.S. Department of Justice. www.PopCenter.org Problem-Oriented Guides for Police Problem-Specific Guides Series Guide No. 44 Disorder at Day Laborer Sites Rob T. Guerette This project was supported by cooperative agreement #2004CKWXK002 by the Office of Community Oriented Policing Services, U.S. Department of Justice. The opinions contained herein are those of the author(s) and do not necessarily represent the official position of the U.S. Department of Justice. References to specific companies, products, or services do not constitute endorsements from the author(s) or the Justice Department. Rather...

Words: 10945 - Pages: 44

Premium Essay

The Great Debate

...11/20/15 Did you know that the country of Switzerland has one of the lowest crime rate in the world? According to the United Nations, Switzerland has been ranked the lowest in the world consecutively for crime. This has sparked the debate of whether gun control is necessary to diminish crime and many pro gun advocates, look at Switzerland as proof that it is false. To get into this heated debate, it is important to understand the term gun control. Gun control is defined as laws that control the selling, owning, and use of guns (Webster's Dictionary). Like in any debate there are always two very different stance on this topic. PRO Pro gun control advocates argue that having strict gun laws will decrease the nation's crime rate. They also point out that having tougher gun laws will save lives by avoiding any more public massacres. To the eyes of a gun control advocate, it seems like a no brainer. After all, the less guns on the street will result in less gun related deaths. In the United States, 33,636 people have died due to a firearm in 2013 (Alpers, Philip).That number accounts for murders, homicides and suicides across the country. Thousands of people that year lost their life due to a firearm incident and the number keeps growing each year. Many gun control advocates wonder why it is so difficult to implement stricter gun laws in the world's greatest democracy. The misinterpretation of the second amendment is what's holding back the U.S. Many people that are against...

Words: 1584 - Pages: 7

Premium Essay

The Debate over Gun Control

...criminal use of these weapons. (MICROSOFT (R) ENCARTA 1995) In the year 2004 there were more than 210 million privately owned guns in the United States, which makes it plain to see why there are arguments for and against even the smallest amount of gun control. The Second Admendment to the Constitution of the United States, guarantees “the right of the people to keep and bear Arms shall not be infringed.” In the 1930s a law passed by the federal government that required people wishing to own or possess a fully automatic or sawed-off barrel firearm to pay a $200 registration fee. This law was amended in 1986 to ban the manufacture of fully automatic firearms. (MICROSOFT (R) ENCARTA 1995) Some of the U.S. cities, such as Washington D.C., Chicago, and New York City, place restrictions on handgun ownership. A few cities across the U.S. have banned handguns entirely. A federal law restricts handgun amuntion capable of piercing body armor, and also requires that guns with plastic parts to contain enough enough metal in the gun to be detectable amount of metal. Law enforcement groups are among the most influential supports for a stricter gun control laws. Efforts to pass national gun control laws have met fierce opposition from gun lobbiest. However in 1993, after a seven year battle, the congress of the United States passed the Brady bill, which requires prospective gun buyers to wait five working days before actually taking possession of their firearms. The bill was named after...

Words: 3742 - Pages: 15

Premium Essay

Minorities in the Cj System

...Name: Rhode Jadotte Course: Minorities in the Criminal Justice System Professor: Dr. S. Williams The interviews excerpted here show that racially biased pretextual traffic stops have a  strong and immediate impact on the individual African-American drivers involved. These  stops are not the minor inconveniences they might seem to those who are not subjected to  them. Rather, they are experiences that can wound the soul and cause psychological scar  tissue to form. And the statistics show that these experiences are not simply disconnected  anecdotes or exaggerated versions of personal experiences, but rather established and  persistent patterns of law enforcement conduct. It may be that these stops do not spring  from racism on the part of individual officers, or even from the official policies of the  police departments for which they work. Nevertheless, the statistics leave little doubt  that, whatever the source of this conduct by police, it has a disparate and degrading  impact on blacks.  But racial profiling is important not only because of the damage it does, but also because  of the connections between stops of minority drivers and other, larger issues of criminal  justice and race. Put another way, "driving while black" reflects, illustrates, and  aggravates some of the most important problems we face today when we debate issues  involving race, the police, the courts, punishment, crime control, criminal justice, and  constitutional law.  A. The Impact on the Innocent ...

Words: 3764 - Pages: 16

Free Essay

Research Paper for Team B

...across the globe. According to Webster’s New Dictionary (2001), the definition of collaboration is the gathering of resources, data, and information, especially in literature. This combined collection of information and workplace activity constructs a general, specific plan or purpose which is to be executed or produced within the workplace while working with others as a team. The history of collaboration began many centuries ago, long before the B.C. or A.D. eras, where at least two individuals had to communicate in the effort of completing a task, project, or written document. Therefore, collaboration is not a new term, but an enhanced and improved one in the professional workplace. According to a Scientometric Journal Article, “Studies...

Words: 2199 - Pages: 9

Free Essay

The Working of the Holy Spirit: Charismatic Theology

...Theology Submitted to Dr. Lee Mitchell in partial fulfillment of the requirements for the completion of THEO 510 Survey of Christian Doctrine by Teri Washington July 4, 2015 Table of Contents Thesis Statement 1 The Need for the Study 1 The Procedure for the Study 1 Introduction 1 Defining Charismatic Theology 1 History of Charismatic Theology 2 Declarations 2 Baptism of the Holy Spirit 2 Speaking in Tongues 3 Gift of Healing 4 Gift of Prophecy 5 Slain in the Spirit 7 Personal Views 7 Opposing Views 9 Conclusion 10 Selected Bibliography 11 Thesis Statement Charismatic Theology gives contemporary Christians faith that they may experience declarations of the Holy Spirit in the same manner as first century Christians. The Need for the Study There is controversy surrounding the declarations of Charismatic Theology. This research will provide ways in which Scripture is manipulated to meet ones individual needs. Biblical exegesis will be utilized to provide clarification between Scripture and its alterations. The Procedure for the Study Introduction Charismatic Theology takes an in-depth look at the supernatural experiences explained in the Bible. These experiences are considered gifts that Christians receive from God. Not everyone agrees on the meanings of these references. Controversy comes into...

Words: 3580 - Pages: 15

Free Essay

Adult Entertainment and It's Effect on Society

...what kind of impact do these types of businesses have on local governments and societies when the majority of the employees do not pay any taxes on their income? The following paper will describe the effects that adult entertainment businesses have on local governments, the tax laws, and the effects these taxes have on the society of the environment the business is in. Throughout history there have been many different types of entertainment for the masses. In recent years the idea of adult entertainment has shifted form to a style that is all in its own. With this new style of entertainment has come a high amount of changes that have had to be made by local government officials for the ethical and moral sake of the town they govern. Studies have shown that this type of entertainment has created its...

Words: 2860 - Pages: 12

Premium Essay

Performance Evaluation of Selectedprivate Commercial Banks in Bangladesh

...NATIONAL UNIVERSITY Syllabus Department of Management Detailed Syllabus Second Year Four-Year B.B.A. (Honours) Course Effective from the Session : 2009–2010 National University Syllabus for 4 years B. B. A. Honours Course Subject : Management Second Year (Honours) |Subject Code |Subject Title |Marks |Credit | | |Business Communication and Report Writing (In English) |100 |4 | | |Computer and Information Technology |100 |4 | | |Taxation in Bangladesh |100 |4 | | |Business Statistics (In English) |100 |4 | | |Macro Economics |100 |4 | | |Human Resource Management |100 |4 | | |Viva-Voce |100 |4 | | |Total = ...

Words: 2520 - Pages: 11

Premium Essay

History of Juvenile Justice System

...involving juvenile offenders have an extensive history. There were no isolated courts or laws, and no services for juveniles, up till the 19th century, children who committed serious offenses were punished and restrained in prison the same way as adults. The changes in legislation rose the age at which individuals officially became adults. This change helped many juveniles escape the cruel treatment in the adult prisons. These changes were based on new understanding of the relationship between physical, mental maturity and acknowledgment. The American juvenile justice system has evolved over the past century with variation that embellished from the adult criminal justice process. The first juvenile's court was acknowledged in 1899, in Chicago, Illinois, and by1945, all states had juvenile courts. The juvenile crime rates particularly homicide rose during the 1980s and 1990s. Therefor the system faces a vast of questions about whether young offenders should be tried and sentenced in a different way than adult offenders (Lawrence & Hemmens, 2008, Chapter 1). The juvenile courts wanted to turn young felons into dynamic people by concentrating on treatment rather than punishment. The laws that established the juvenile courts illustrated their point as different from the adult penal codes. TABLE OF CONTENTS Abstract | 2 | Body | 4 | Critical Analysis | 12 | Conclusion | 12 | Reference Page | 13 | History of Juvenile Justice System The two hundred and thirty-four...

Words: 3409 - Pages: 14

Premium Essay

Street Gangs and Aggregate Homides

...Analysis of Effects During the 1990s Violent Crime Peak" Homicide Studies 16(3): 280-307. June 11, 2012. Online. June 12, 2013. City-level violence escalated and peaked during the 1990’s, which possibly caused a similarly high homicide rate. Many studies have linked gang activity with higher rates of violent crimes. This study uses empirical research to link gang violence with homicide rates. A majority of studies only looked at the micro level of gang attribute violence and homicide correlation. Costanza focused on the macro level using 154 U.S. cities to determine if active gangs directly correlated with homicide rates. Criminologist in the 1990’s paid special attention to the structural factors contributing to the all-time peak of violence in the young men demographic. Researchers have remained focused on the patterns of homicide within the context of the violence peak in the 90’s. Costanza chose to “focus explicitly on the plausible empirical link between street gangs and homicide offending in central cities throughout the Unites States”. The factors that lead to an increase in homicide include the drug market, guns, and gang presence. Recent studies have shown that it is a combination of factors, as opposed to just financial opportunity, that lead to gang membership. The reason for the lack of macro level studies of gang violence has been due to the lack of gang related studies. Maxson in 1992, published a study that systematically documented the number of gangs and gang...

Words: 1459 - Pages: 6

Premium Essay

Why Looks Are the Last Bastion of Discrimination

...Why looks are the last bastion of discrimination ! By Deborah L. Rhode Published: Sunday, May 23, 2010 In the 19th century, many American cities banned public appearances by "unsightly" individuals. A Chicago ordinance was typical: "Any person who is diseased, maimed, mutilated, or in any way deformed, so as to be an unsightly or disgusting subject . . . shall not . . . expose himself to public view, under the penalty of a fine of $1 for each offense." Although the government is no longer in the business of enforcing such discrimination, it still allows businesses, schools and other organizations to indulge their own prejudices. Over the past half-century, the United States has expanded protections against discrimination to include race, religion, sex, age, disability and, in a growing number of jurisdictions, sexual orientation. Yet bias based on appearance remains perfectly permissible in all but one state and six cities and counties. Across the rest of the country, looks are the last bastion of acceptable bigotry. We all know that appearance matters, but the price of prejudice can be steeper than we often assume. In Texas in 1994, an obese woman was rejected for a job as a bus driver when a company doctor assumed she was not up to the task after watching her, in his words, "waddling down the hall." He did not perform any agility tests to determine whether she was, as the company would later claim, unfit to evacuate the bus in the event of an accident...

Words: 1737 - Pages: 7

Premium Essay

Persuasive Research Paper

...Divorce Josefina Ramirez COM/220 July 31, 2011 Cassandra Shellhorn In life we live happy and unforgettable moments. One of the best days of my life was when I got married. Not even in a million years I would have imagined that I will ever get divorced. The thought would off never cross my mind until. A divorce does not start from one day to the other. It is time consuming, agitating, and costly. The process of my divorce started on April 1st, 2010. My lawyers prepared and submitted the initial paper work to the Court of Jackson County, in the state of Missouri, case No. 1016-FC03062-01 Division 30. I was not a happy person since I had to appear in court more than once. Some of the mayor drives for divorce are lack of communication, financial disagreement, and adultery. Statistics indicate divorce rate has increase within the last decade in the USA; divorce causes emotional distress for couples, and effects the children as well. As indicated by the articles read, the first of the Boomers (circa 1946) are now in their sixties and reluctantly nearing retirement age. Age at Marriage for Those Who Divorce in U.S. (Divorcestatistics.org) Age Under 20 years old 27.6% (women) 11.7% (men) 20 - 24 years old 36.6% (women) 38.9% (men) 25 - 29 years old 16.4% (women) 22.3% (men) 30 - 34 years old 8.5% (women) 11.6% (men) 35 - 39 years old I will like to first start by adding that statistic show how the number of divorces has increase within the last decade. Believed to be 5...

Words: 2127 - Pages: 9

Premium Essay

Stormwater Management Case Study

...runoff before reaching a body of water. Prevention strategies should be given priority, except in particular sites or locations where previous development limits the implementation of a prevention strategy. Stormwater Remediation Remediation techniques are only effective at reducing the problems associated with stormwater runoff. They comprise a centralized approach that is generally employed at a regional level. These techniques can be useful tools for reducing the quantity and quality of runoff into lakes, rivers, and streams. Due to the fact that remediation strategies vary in effectively treating quality and quantity of stormwater runoff, a combination of strategies is usually recommended in most municipal plans and environmental studies. Conveyance Conveyance is the oldest stormwater management technique. As shown in Figure 1, conveyance is a design that intends to moves water to a specific area using pipes and other impervious surfaces that do not allow infiltration. Conveyance has generally been a strategy for connecting stormwater drainage to a wastewater sewer system. This is a practice mostly taught to engineers and has been used since Romans began designing cities. In modern times, water treatment plants have been added to the system in order to remove pollutants from both stormwater and wastewater discharges. These technologies have increased the effectiveness of this technique. In fact, as stated in the Inventory, all point source discharges in Madison are directed...

Words: 2913 - Pages: 12

Free Essay

Tghhh

...an important position within the domain of socio-pragmatic studies of language and within the theories of communication. The basic aim of this paper is concerned with identifying the points of similarity and difference between honorifics in Modern Standard Arabic and English with regard to structure. It also aims at giving a brief account of the term honorifics and how are honorific expressions realized in both languages. It is hypothesized that the structure of honorifics in Modern Standard Arabic is different from that in English. 1. The Concept of Honorifics: Honorifics are derived from outputs of politeness strategies where these directly or indirectly convey a status deferential between speaker and addressee or referent, where they indirectly convey such a status deferential, as in French Tu / Vous pronouns do via the general strategy of pluralizing in order to impersonalize (Brown and Levinson 1978: 183). 1 Honorific Expressions in Arabic and English with Reference to other Languages Hashim Sa'doon Saleem Al-Ni'aymi Honorifics have been defined as “politeness formulas in a particular language which may be specific affixes, words, or sentence structure” (Richard et al., 1985: 131). Languages which have a complex system of honorifics are, for instance, Japanese, Mudurese (a language of Eastern Java), Hindi, and Arabic; English, on the other hand, has no complex system of honorifics, but there are few cases of compound honorifics; e.g. professor doctor, dear sir, etc...

Words: 3224 - Pages: 13