Opinion

Giaccio v. Pennsylvania

  • 382 U.S. 399
  • 86 S. Ct. 518
  • 15 L. Ed. 2d 447
  • 1966 U.S. LEXIS 2526
Court
Supreme Court of the United States
Filed
Nov 8, 1965
Status
Published
Author
Fortas
On the bench
Black, Stewart, Fortas
Cited by
494 cases

stating that "a law fails to meet the requirements of the Due Process Clause if it is so vague and standardless that it leaves ... judges and jurors free to decide, without any legally fixed standards, what is prohibited and what is not in each particular case"

How later courts described this case

  • stating that "a law fails to meet the requirements of the Due Process Clause if it is so vague and standardless that it leaves ... judges and jurors free to decide, without any legally fixed standards, what is prohibited and what is not in each particular case"
  • finding unconstitutionally vague a Pennsylvania statute requiring an acquitted criminal defendant to pay the costs of his prosecution if the jury determined he was guilty of “some misconduct” less than that necessary for a conviction for the offense charged
  • holding that a jury instruction using the term "some misconduct” could not save a wholly standardless statute permitting the assessment of court costs against an acquitted criminal defendant
  • holding that a law that let a jury award costs against an acquitted defendant “without imposing a single condition, limitation, or contingency” on the jury was unconstitutionally vague

Written by the judges who cited it.

Distinguished

  • Distinguished by United States v. Johnson, 503 F.2d 339 (1974)

    Third, Giaccio v. Pennsylvania, supra, is inapposite on its facts and does not point to the result reached by the majority nor afford it an iota of support.
    Court of Appeals for the Third CircuitAug 15, 1974Read it
  • Distinguished by Commonwealth v. Matthews, 446 Pa. 65 (1971)

    Giaccio is inapposite.
    Supreme Court of PennsylvaniaDec 29, 1971Read it

The opinion

Mr. Justice Fortas,

concurring.

In my opinion, the Due Process Clause of the Fourteenth Amendment does not permit a State to impose a penalty or costs upon a defendant whom the jury has found not guilty of any offense with which he has been charged.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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