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Pathologies of Criminal Law
We take a pause from particular crimes and their elements to consider the criminal justice system more broadly.
We first consider constitutional limits. In general, a legislature can criminalize whatever it wants. But sometimes, it goes too far. Our first section will sample one such limit--the void-for-vagueness doctrine.
Second, we will take a more focused look at how criminal laws can be used to discriminate based on race, a broad topic that we will narrow by focusing again on trespass law.
Third, we will consider how the criminal law treats victims and alleged victims.
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