Nullum Crimen, Nulla Poena Sine Lege

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1. What does nullum crimen, nulla poena sine lege express?
2. Under Article21, may a felony be punished by a penalty not prescribed by law before its commission?
3. What should a court do under Article5 when it encounters an act it believes should be repressed but which is not punish…
4. The prosecution proves conduct it considers deeply immoral but identifies no applicable criminal prohibition covering i…
5. An act was lawful when done. A later statute newly criminalizes it and prescribes imprisonment. May that later harsher …
6. A prosecutor concedes that a new form of misconduct falls outside every element of the existing offenses applicable at …
7. A valid existing statute clearly defines an offense and penalty. The facts establish its elements. The accused says leg…
8. Explain the legality principle in relation to offensive conduct not covered by a penal law.
9. Distinguish application of an existing offense to new facts from judicial creation of a new crime.
10. Explain why a newly enacted harsher prohibition ordinarily cannot punish conduct lawful when done.
11. Under Maceren, may an administrative agency expand an enabling penal law to cover conduct the law does not authorize it…
12. Does Maceren forbid every implementing regulation relating to a valid statutory prohibition?