Chief Judge Easterbrook swings his trusty cluebat in USA v. Pulungan:
A regulation is published for all to see. People can adjust their conduct to avoid liability. A designation by an unnamed official, using unspecified criteria, that is put in a desk drawer, taken out only for use at a criminal trial, and immune from any evaluation by the judiciary, is the sort of tactic usually associated with totalitarian régimes. Government must operate through public laws and regulations.
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Henning Makholm is a computer scientist and software developer living in Copenhagen, Denmark. Find out more about him on his
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It is a fundamental principle of criminal justice that underscores the necessity of clear and established laws for defining criminal conduct. This principle ensures that individuals can only be prosecuted for actions that were explicitly defined as criminal offenses by law at the time they were committed. It protects against arbitrary or retroactive legal actions, safeguarding the rights of individuals by providing legal certainty and preventing the misuse of power.
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