copyright 2007 thomson delmar learning. all rights reserved. papachristou v. jacksonville 405 u.s....
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Copyright 2007 Thomson Delmar Learning.All Rights Reserved.
PAPACHRISTOU v. JACKSONVILLE405 U.S. 156 (1972)
Case Brief
Copyright 2007 Thomson Delmar Learning.All Rights Reserved.
PAPACHRISTOU v. JACKSONVILLE
• PURPOSE: Papachristou is an example of the judicial invalidation of unconstitutional legislation.
Copyright 2007 Thomson Delmar Learning.All Rights Reserved.
PAPACHRISTOU v. JACKSONVILLE
• CAUSE OF ACTION: Violation of Jacksonville vagrancy ordinance.
Copyright 2007 Thomson Delmar Learning.All Rights Reserved.
PAPACHRISTOU v. JACKSONVILLE
• FACTS: Margaret Papachristou and several other persons had been arrested for violating a Jacksonville ordinance describing a long list of life-style offenses, such as living off the earnings of wife and children, habitual gambling, and loitering. At the time of their various arrests, none had been engaged in or charged with any other criminal conduct. Defendants argued a due process argument grounded on void-for-vagueness principle.
Copyright 2007 Thomson Delmar Learning.All Rights Reserved.
PAPACHRISTOU v. JACKSONVILLE
• ISSUE: Whether Jacksonville’s vagrancy ordinance was unconstitutional and invalid (void for vagueness).
Copyright 2007 Thomson Delmar Learning.All Rights Reserved.
PAPACHRISTOU v. JACKSONVILLE
• HOLDING: Yes, unconstitutional on its face.
Copyright 2007 Thomson Delmar Learning.All Rights Reserved.
PAPACHRISTOU v. JACKSONVILLE
• REASONING: “This ordinance is void-for-vagueness, in the sense that it ‘fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute.’”
• “Another aspect of the ordinance’s vagueness appears when we focus, not on the lack of notice given a potential offender, but on the effect of the unfettered discretion it places in the hands of the Jacksonville police.”