You are a legislator with a perfect record for voting on constitutional statutes. You have been presented with two proposed statutes. Read each one, and then read the case, analyzing a replica statute for constitutionality. Decide whether you should vote for
or against the proposed statute if you want to keep your perfect record. Links to the cases are on 12.4.2
.
1. The proposed statute is Disorderly Conduct and reads as follows: It is a misdemeanor to engage in indecent or disorderly conduct in the presence of another in a public place. This statute was analyzed for constitutionality by Satterfield v. State, 395 S.E. 2d 816 (1990). The case is available on 12.4.2. Should you vote for or against the statute?
2. The proposed statute is Gang Violence and Juvenile Crime Prevention Act and reads as follows: State Prosecutors are hereby authorized to bring specified crime charges against minors fourteen and older in the criminal division of adult court rather than
in the juvenile division without a judicial determination that the minor is unfit for a juvenile court disposition. This statute was analyzed for constitutionality by Manduley v. Superior Court, 41 P.3d 3 (2002). The case is available on page 12.4.2
Should you vote for or against the statute?
The Georgia Supreme Court held that the statute was unconstitutional because it was too vague to withstand a due process challenge.
The court found that the terms "indecent or disorderly conduct" failed to define the prohibited conduct sufficiently, thus not providing fair warning to persons of ordinary intelligence as to what acts are criminally punishable.
Furthermore, the court noted that the vague language impermissibly delegated basic policy matters to police, judges, and juries for subjective, ad hoc resolution, leading to the danger of arbitrary and discriminatory applications.
Conclusion and Vote:
The proposed statute uses the exact language ("indecent or disorderly conduct") that the Georgia Supreme Court in Satterfield found to be unconstitutionally vague under the Due Process Clause of the Fourteenth Amendment. To maintain a perfect record of voting for constitutional statutes, you must vote against a statute that has already been struck down as vague by a high court.
Your Vote: Against the proposed Disorderly Conduct statute.
2. Proposed Statute: Gang Violence and Juvenile Crime Prevention Act
Proposed Statute: State Prosecutors are hereby authorized to bring specified crime charges against minors fourteen and older in the criminal division of adult court rather than in the juvenile division without a judicial determination that the minor is unfit for a juvenile court disposition.
Sample Answer
As a legislator with a perfect record for voting on constitutional statutes, your decision must align with the precedent set by the relevant case law.
1. Proposed Statute: Disorderly Conduct
Proposed Statute: It is a misdemeanor to engage in indecent or disorderly conduct in the presence of another in a public place.
Case Analysis: Satterfield v. State, 395 S.E. 2d 816 (1990) analyzed a replica statute (OCGA § 16-11-39(3)) that criminalized "indecent or disorderly conduct in the presence of another in any public place."