City of Chicago v. Morales
Encyclopedia
City of Chicago v. Morales was an important United States Supreme Court case that held that a law cannot be so vague that a person of ordinary intelligence
can not figure out what is innocent activity and what is illegal.
, loitering
was a crime.
The facts of the case were:
More specifically, "In 1993, Jesus Morales was arrested and found guilty under the ordinance for loitering in a Chicago
neighborhood after he ignored police orders to disperse. Ultimately, after Morales challenged his arrest, the Illinois Supreme Court held that the ordinance violated due process of law in that it is impermissibly vague on its face and an arbitrary restriction on personal liberties." The United States Supreme Court affirmed the Supreme Court of Illinois' judgment.
was whether the ordinance was unconstitutionally vague, either on its face or as applied, in violation of "the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution."
The United States Supreme Court held in this case that a law can not be so vague that a person of ordinary intelligence can not figure out what is innocent activity and what is illegal.
, writing for the plurality, said that the:
Six justices ultimately sided with Morales, and three with the City of Chicago. However, only three justices agreed on all of the rationales and the complete holding, namedly Stevens, Souter, and Ginsberg. O'Connor, Kennedy, and Breyer had concurring opinions. One particular "sticking point" was whether "It is a criminal law that contains no mens rea
requirement ... and infringes on constitutionally protected rights...." Only Stevens, joined by Justice Souter and Justice Ginsburg, could agree on that.
"won" in the case.
Intelligence
Intelligence has been defined in different ways, including the abilities for abstract thought, understanding, communication, reasoning, learning, planning, emotional intelligence and problem solving....
can not figure out what is innocent activity and what is illegal.
Background and facts
Under the common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, loitering
Loitering
Loitering is the act of remaining in a particular public place for a protracted time. Under certain circumstances, it is illegal in various jurisdictions.-Prohibition and history:Loitering may be prohibited by local governments in several countries...
was a crime.
The facts of the case were:
More specifically, "In 1993, Jesus Morales was arrested and found guilty under the ordinance for loitering in a Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
neighborhood after he ignored police orders to disperse. Ultimately, after Morales challenged his arrest, the Illinois Supreme Court held that the ordinance violated due process of law in that it is impermissibly vague on its face and an arbitrary restriction on personal liberties." The United States Supreme Court affirmed the Supreme Court of Illinois' judgment.
Issue and holding
The only issue on certiorariCertiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
was whether the ordinance was unconstitutionally vague, either on its face or as applied, in violation of "the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution."
The United States Supreme Court held in this case that a law can not be so vague that a person of ordinary intelligence can not figure out what is innocent activity and what is illegal.
Rationale
Justice John Paul StevensJohn Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
, writing for the plurality, said that the:
Six justices ultimately sided with Morales, and three with the City of Chicago. However, only three justices agreed on all of the rationales and the complete holding, namedly Stevens, Souter, and Ginsberg. O'Connor, Kennedy, and Breyer had concurring opinions. One particular "sticking point" was whether "It is a criminal law that contains no mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
requirement ... and infringes on constitutionally protected rights...." Only Stevens, joined by Justice Souter and Justice Ginsburg, could agree on that.
Impact
The ACLU claimed a win in this case. There is a question as to whether the First AmendmentFirst Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
"won" in the case.
See also
- List of United States Supreme Court cases, volume 527
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume