unconstitutional felony, does it make you a PP?

milktree

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For the sake of discussion, let's assume Michigan's House votes to enact their second anti-blowjob law.

If you're convicted of giving a blowjob in violation of that law, you'd be guilty of a felony and subject to up to 15 years in prison.


But, because the law had already been declared unconstitutional even before its writing (Lawrence v. Texas), it's clearly an illegal law.

So, when the law is overturned by SCOTUS when they say, "you dumbasses, weren't you listening?" are you still a PP?



As a followup, what about laws that are declared unconstitutional *after* you violate them?
 
As a followup, what about laws that are declared unconstitutional *after* you violate them?
You would probably have to hire an attorney to try to get the case re-opened.
 
I don't know what this entails, but I believe that any conviction needs to be overturned, so you got a whole lot of work to accomplish that.

I believe that laws are also tied to specific time frame. So a conviction of making/selling liquor stands even after law is repealed.

Of course IANAL and this ****ing legal system makes little sense. Let's wait for some real layers to muddy the waters and spell out how black is color so black/white TV is actually a color TV.
 
I believe that laws are also tied to specific time frame. So a conviction of making/selling liquor stands even after law is repealed.

Is this true for laws shown to be unconstitutional? Honest question, but I had been under the impression that such convictions would be vacated?
 
Is this true for laws shown to be unconstitutional? Honest question, but I had been under the impression that such convictions would be vacated?

That's the distinction I was asking about, too.

e.g. if pot becomes legal (but the SCOTUS doesn't rule on any laws) that's a different situation than if SCOTUS declares *all* pot laws unconstitutional.
 
Have you checked the statute of limitations yet? Maybe you can just avoid Michigan until it expires....

For the sake of discussion, let's assume Michigan's House votes to enact their second anti-blowjob law.

If you're convicted of giving a blowjob in violation of that law, you'd be guilty of a felony and subject to up to 15 years in prison.


But, because the law had already been declared unconstitutional even before its writing (Lawrence v. Texas), it's clearly an illegal law.

So, when the law is overturned by SCOTUS when they say, "you dumbasses, weren't you listening?" are you still a PP?



As a followup, what about laws that are declared unconstitutional *after* you violate them?
 
I don't know what this entails, but I believe that any conviction needs to be overturned, so you got a whole lot of work to accomplish that.

I believe that laws are also tied to specific time frame. So a conviction of making/selling liquor stands even after law is repealed.

I know what you're concerned about, and it's not the same thing. Generally even people currently jailed under a law that's repealed aren't automatically sprung unless the repeal provides for it. Contrast this with...

Is this true for laws shown to be unconstitutional? Honest question, but I had been under the impression that such convictions would be vacated?

Ex parte Siebold. 100 U.S. 371:

An unconstitutional law is void, and is as no law. An offence created by it is not a crime. A conviction under it is not merely erroneous, but is illegal and void, and cannot be a legal cause of imprisonment.

(I was hoping to find a different quote, but not only can't I find it, but what I was thinking of might be the philosophical musings of a founding father - not a SCOTUS ruling).

So while scrubbing a conviction under an unconstitutional law might still take a lawyer, it is probably a much simpler process than scrubbing a conviction under a repealed law.
 
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