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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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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No Crime Without… presents a thought-provoking exploration of justice, responsibility, and the consequences of unlawful actions. The work effectively examines how accountability and punishment are essential to maintaining social order, while also raising questions about fairness and intent. Through clear arguments and engaging insights, it encourages readers to think critically about the relationship between crime and consequence, making it a compelling and reflective read for those interested in law, ethics, or social responsibility.
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No Crime Without… offers a thought-provoking perspective on the idea that crime cannot exist without intent, opportunity, or underlying social conditions that allow it to occur. The piece challenges readers to look beyond the act itself and consider the causes and responsibilities that shape criminal behavior, from individual choice to systemic influence. By encouraging deeper reflection rather than simple judgment, it adds nuance to the discussion of justice and accountability
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