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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
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