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….”

-Laws such as the one under which Tammy was sentenced violate what constitutional guarantee?

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….”

-Laws such as the one under which Tammy was sentenced violate what constitutional guarantee?​

Quizplus · Accepted Answer

The statute violates Tammy's right to due process, as it allows for her to be automatically labeled a gangster based on her lack of employment and previous convictions, without any opportunity for her to defend herself or prove that she is not a member of a gang.

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