Case 2.3
Tammy is an unemployed probationer. Her probation officer has noted several times that she has been seen in the company of three girlfriends at a local park. She has a long record of convictions for various misdemeanor and felony crimes. Tammy is sentenced to three years in prison based on the following statute: “Any person not engaged in any lawful occupation, known to be a member of any gang consisting of two or more persons, who has been convicted at least three times of being a disorderly person, or who has been convicted of any crime, in this or in any other State, is declared to be a gangster….”

-One of the issues with Tammy's conviction involves

Question

Case 2.3
Tammy is an unemployed probationer. Her probation officer has noted several times that she has been seen in the company of three girlfriends at a local park. She has a long record of convictions for various misdemeanor and felony crimes. Tammy is sentenced to three years in prison based on the following statute: “Any person not engaged in any lawful occupation, known to be a member of any gang consisting of two or more persons, who has been convicted at least three times of being a disorderly person, or who has been convicted of any crime, in this or in any other State, is declared to be a gangster….”

-One of the issues with Tammy's conviction involves​

Quizplus · Accepted Answer

The issue with Tammy's conviction involves the doctrine of fair warning. The statute does not clearly define what it means to be a "gangster," and Tammy may not have been aware that her association with her friends could lead to such a harsh sentence. Fair warning requires that individuals have clear notice of what conduct is prohibited and what the consequences of such conduct might be.

Case 2.3 Tammy Is an Unemployed Probationer. Her Probation Officer Has Noted