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A statute which either forbids or requires the doing of an act in terms so vague that
men of common intelligence must necessarily guess at its meaning and differ as to
its application
Repugnant to the Constitution because:
a. It violated due process for failure to accord persons, especially the parties
targeted by it, fair notice of the conduct to avoid
b. It leaves law enforcers unbridled discretion in carrying out its provisions and
becomes and arbitrary flexing of the Government muscle
Overbreadth Doctrine
A governmental purpose may not be achieved by means which sweep
unnecessarily broadly and thereby invade the area of protected freedoms
Sweeping exercise of a lawmaking power
Valid Exercise of Police Power/Substantive Due Process
1. The state interferes in the interests of the public generally and not just a particular
class
2. The means are reasonably necessary for the accomplishment of the purpose and
not unduly oppressive upon individuals
Test for Validity of an Ordinance
1. It must not contravene the Constitution or any statute
2. It must not be unfair or oppressive
3. It must not be partial or discriminatory
4. It must not prohibit but merely regulate trade
5. It must be general and consistent with public policy
6. It must not be unreasonable
Equal Protection Definition
A specific constitutional guarantee of the equality of the person. The equality it
guarantees is legal equality the equality of all persons before the law. Each
individual is dealt with as an equal person in the law, which does not treat the
person differently because of who he is or what he is or what he possesses.
Reasonable Classification Test
1. The classification must rest on substantial distinctions
2. Must be germane to the purpose of the law
3. Must not be limited to existing conditions only
4. Must apply equally to all members of the same class
Third Party Standing
1. The litigant must have suffered an injury-in-fact, thus giving him or her a
sufficient concrete interest in the outcome of the issue in dispute
2. The litigant must have a close relation to the third party
Buy-Bust Operation
An officer poses as a buyer; however, he neither instigates nor induces the
accused to commit a crime. In these cases, the seller has already decided to
commit a crime. Since the offense happens right before the eyes of the officer,
there is no need for a warrant either for the seizure of the good or for the
apprehension of the offender
Entrapment vs Instigation
1. Entrapment
Not a defense available to the accused because it is only a means to trap and
capture the criminal in the execution of his criminal plan. The crime stands
independently of the actions of the police
2. Instigation
Considered a defense for the accused and an absolutory cause because the
criminal intent originates in the mind of the entrapping person and the accused
is lured into the commission of the offense charged in order to prosecute
Elements of Entrapment
1. Act of persuasion, trickery, fraud carried out by law enforcement officers and
agents to induce a defendant to commit a crime
2. Origin of the criminal design in the minds of the government officials (Sorrells v
US)
Procedure in Raising Entrapment as a Defense in US Courts
1. Accused has the burden to provide sufficient evidence that the government
induced him to commit the offense
2. Burden of proof shifts to the government to provide otherwise but government
uses either the subjective or objective or hybrid test to determine if entrapment
really happened
Entrapment Test
1. Subjective Test
Origin of intent test
The focus is on the predisposition of the accused to commit the offense i.e.
reputation, past offenses, mental traits
Criticism: It disregards police behavior
2. Objective Test
The focus is on the nature and manner of the police activity involved and police
conduct i.e. badgering, cajoling, appeal to sentiment
Criticism: It disregards the fact that the accused is a dangerous and chronic
offender
3. Hybrid
The police conduct was evaluated first then the predisposition of the accused to
commit a crime