Giaccio v. Pennsylvania, 382 U.S. 399 (1965). · Go Syfert
Giaccio v. Pennsylvania, 382 U.S. 399 (1965). Cases Citing This Book View Copy Cite
1,871 citation events (546 in the last 25 years) across 145 distinct courts.
Strongest positive: Beckles v. United States (scotus, 2017-03-06) · Strongest negative: Matter of New York State Land Tit. Assn., Inc. v. New York State Dept. of Fin. Servs. (nyappdiv, 2019-12-26)
Treatment trajectory · 1965 → 2026 · click a year to view as-of
1965 1995 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Matter of New York State Land Tit. Assn., Inc. v. New York State Dept. of Fin. Servs.
N.Y. App. Div. · 2019 · signal: but see · confidence high
Of course, reasonableness is one of the most commonly applied legal standards ( see United States v Johnson , 911 F3d 849, 854 [7th Cir 2018] [" (r)easonable' is one of those protean words that resists specification" and "is ubiquitous in statutes and regulations"), and indicates an objective test which does not give license to enforce the provision in an arbitrary or subjective manner ( see Stephens , 28 NY3d at 312 ; but see Giaccio v Pennsylvania , 382 US 399 [1966]).
examined Cited "but see" Boggess v. Boles (3×)
N.D.W. Va. · 1966 · signal: but see · confidence high
But see Giaccio v. State of Pennsylvania, 382 U.S. 399, 405 , 86 S.Ct. 518 , 15 L.Ed.2d 447 (Stewart, J., concurring) (1966).
examined Cited as authority (verbatim quote) Beckles v. United States (2×)
SCOTUS · 2017 · quote attribution · 2 verbatim quotes · confidence high
e intend to cast no doubt whatever on the constitutionality of the settled practice of many states to leave to juries finding defendants guilty of a crime the power to fix punishment within legally pre- scribed limits
examined Cited as authority (verbatim quote) United States v. Calvin Matchett (12×) also: Cited as authority (rule), Cited "see"
11th Cir. · 2016 · quote attribution · 1 verbatim quote · confidence high
whatever label be given the 1860 act, there is no doubt that it provides the state with a procedure for depriving an acquitted defendant of his liberty and his property. . . . his state act whether labeled 'penal' or not must meet the challenge that it is unconstitutionally vague…
examined Cited as authority (verbatim quote) United States v. Private Sanitation Industry Ass'n of Nassau
E.D.N.Y · 1992 · quote attribution · 1 verbatim quote · confidence high
it is established 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.
examined Cited as authority (quoted) Mehaffey v. Navient Solutions, LLC (3×) also: Cited "see"
D. Colo. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
both liberty and property are specifically protected by the fourteenth amendment against any state deprivation which does not meet the standards of due process, and this protection is not to be avoided by the simple label a state chooses to fasten upon its conduct or its statute.
examined Cited as authority (quoted) STATE OF NEW JERSEY VS. MELVIN R. DOUGLAS (14-04-1146, CAMDEN COUNTY AND STATEWIDE) (3×)
N.J. Super. Ct. App. Div. · 2017 · signal: see · quote attribution · 3 verbatim quotes · confidence high
it is established that a law fails to meet the requirements of the due process clause if it is so vague and standardless that it leaves the public uncertain as to the conduct it prohibits . . . .
examined Cited as authority (quoted) Beckles v. United States (3×)
SCOTUS · 2017 · signal: see · quote attribution · 3 verbatim quotes · confidence high
implicit in is the premise that the law must be one that carries an understandable meaning with legal standards that courts must enforce
examined Cited as authority (quoted) Patton v. Tic United Corp. (3×)
10th Cir. · 1996 · signal: see · quote attribution · 3 verbatim quotes · confidence high
a law fails to meet the requirements of the due process clause if it is so vague and standardless that it leaves the public uncertain as to the conduct it prohibits.
examined Cited as authority (quoted) Patton v. TIC United Corp. (3×)
10th Cir. · 1996 · signal: see · quote attribution · 3 verbatim quotes · confidence high
a law fails to meet the requirements of the due process clause if it is so vague and standardless that it leaves the public uncertain as to the conduct it prohibits.
discussed Cited as authority (rule) L.A. Police Protective League v. City of L.A.
Cal. · 2026 · confidence medium
Subdivision (a)(1) criminalizes any knowingly false “allegation of misconduct” but includes no definition of what might constitute “misconduct.” (See, e.g., Giaccio v. Pennsylvania (1966) 382 U.S. 399, 404 [statute allowing jury to assess costs based on a finding that party engaged in “misconduct” deemed impermissibly vague]; Perrine v. Municipal Court (1971) 5 Cal.3d 656, 663 [statute deemed vague for failing to “define what constitutes ‘acts of sexual misconduct’ ”]; Soglin v. Kauffman (7th Cir. 1969) 418 F.2d 163, 168 [the “use of ‘misconduct’ ” as a standard in …
examined Cited as authority (rule) State of Iowa v. Ronald Richard Pagliai (5×)
Iowa · 2026 · confidence medium
Id. at 401.
discussed Cited as authority (rule) L.A. Police Protective League v. City of L.A.
Cal. · 2025 · confidence medium
Subdivision (a)(1) criminalizes any knowingly false “allegation of misconduct” but includes no definition of what might constitute “misconduct.” (See, e.g., Giaccio v. Pennsylvania (1966) 382 U.S. 399, 404 [statute allowing jury to assess costs based on a finding that party engaged in “misconduct” deemed impermissibly vague]; Perrine v. Municipal Court (1971) 5 Cal.3d 656, 663 [statute deemed vague for failing to “define what constitutes ‘acts of sexual misconduct’ ”]; Soglin v. Kauffman (7th Cir. 1969) 418 F.2d 163, 168 [the “use of ‘misconduct’ ” as a standard in …
discussed Cited as authority (rule) Rasheed Daniel Fleming, s/k/a Rasheed N. Fleming v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
Bruen, 597 U.S. at 24 . - 11 - leaves judges and jurors free to decide, without any legally fixed standards, what is prohibited and what is not in each particular case.’” Id. at 525-26 (quoting Giaccio v. Pennsylvania, 382 U.S. 399, 402-03 (1966)).
discussed Cited as authority (rule) Commonwealth's Attorney of Stafford County v. Rosa Serrano
Va. Ct. App. · 2025 · confidence medium
The Act is not “so . . . standardless that it leaves the public uncertain as to the conduct it prohibits or leaves judges and jurors free to decide, without any legally fixed standards, what is 6 “Completion of a certification form by a certifying official” is not “sufficient evidence that an applicant . . . has met all eligibility requirements for that visa,” instead it serves to “verif[y the] factual information relevant to the federal immigration benefit sought, including information relevant for federal immigration officials to determine eligibility for a U . . . visa.” Code …
discussed Cited as authority (rule) National Education Association, et al. v. P United States Department of Education, et al.
D.N.H. · 2025 · confidence medium
While the Supreme Court has “expressed greater tolerance of enactments with civil rather than criminal penalties because the consequences of imprecision are qualitatively less severe,” Hoffman Ests., 455 U.S. at 498-99, “due process protections against vague laws are ‘not to be avoided by the simple label a State chooses to fasten upon its conduct or its statute,” Sessions v. Dimaya, 584 U.S. 148, 184 (2018) (Gorsuch, J., concurring in part and concurring in the judgment) (quoting Giaccio v. Pennsylvania, 382 U.S. 399, 402 (1966)).
discussed Cited as authority (rule) Coinbase Inc v. SEC
3rd Cir. · 2025 · confidence medium
Laws that punish and deter must meet due process’s 19 heightened notice requirements. “[T]he standards of due pro- cess” do not turn on “the simple label [Congress] chooses to fasten upon … its statute.” Giaccio v. Pennsylvania, 382 U.S. 399, 402 (1966).
discussed Cited as authority (rule) HAFNER v. STATE OF NEW JERSEY
D.N.J. · 2024 · confidence medium
Further, “a law fails to meet the requirements of the Due Process Clause if it is so vague and standardless that it leaves the public uncertain as to the conduct it prohibits . . .” City of Chicago v. Morales, 527 U.S. 41, 56 (1999) (quoting Giaccio v. Pennsylvania, 382 U.S. 399, 402-03 (1966)). constitutional interest,’ (2) the conduct is ‘proscribed by a statute,’ and (3) ‘there exists a credible threat of prosecution thereunder.’” Koons v. Platkin, 673 F. Supp. 3d 515 , 581 (D.N.J. 2023) (quoting Susan B.
discussed Cited as authority (rule) Casablanca-Torres v. City Of New York
S.D.N.Y. · 2023 · confidence medium
The orders provided that “no persons or vehicles [could] be in public” during specified times, except “police officers, peace officers, firefighters, first responders and emergency technicians, individuals traveling to and from [or] performing essential work, people experiencing homelessness and without access to a viable shelter, and individuals seeking medical treatment or medical supplies.””’ The orders provided that any person who “knowingly violate[d] the provisions” of the Curfew Orders “shall be guilty of a oT id. 92 See Dkt 58, at |. 93 City of Chicago v. Morales, 527…
discussed Cited as authority (rule) People v. Allen
N.Y. App. Div. · 2023 · confidence medium
Under the Due Process Clause of the Fourteenth Amendment, a statute is invalidated "if it is so vague and standardless that it leaves the public uncertain as to the conduct it prohibits" ( Giaccio v Pennsylvania , 382 US 399, 402 [1966]). [*3]In addressing vagueness challenges, courts have developed a two-part test.
discussed Cited as authority (rule) House v. City of Milwaukee
E.D. Wis. · 2022 · confidence medium
Milwaukee Municipal Ordinance 106-31-1 Does Not Violate the Fourteenth Amendment’s Fair Notice Requirement. “‘It is established that a law fails to meet the requirements of the Due Process Clause if it is so vague and standardless that it leaves the public uncertain as to the conduct it prohibits.” City of Chicago v. Morales, 527 U.S. 41, 56 (1999) (quoting Giaccio v. Pennsylvania, 382 U.S. 399, 402-3 (1966)).
discussed Cited as authority (rule) Isaacson v. Mayes
D. Ariz. · 2022 · confidence medium
But the parties and the Court also are unaware of 16 any case categorically exempting such rules from vagueness challenges. 17 The Interpretation Policy is not immune from a vagueness challenge merely because 18 Arizona labeled it a rule of statutory construction. “[D]ue process protections against 19 vague laws are ‘not to be avoided by the simple label a State chooses to fasten upon its 20 conduct or its statute.’” Dimaya, 138 S.Ct. at 1229 (Gorsuch, J. concurring) (quoting 21 Giaccio v. Pennsylvania, 382 U.S. 399, 402 (1966)).
discussed Cited as authority (rule) Progeny v. Wichita, Kansas, City of
D. Kan. · 2022 · confidence medium
For instance, under § 21-6313, a person can be designated a “criminal street gang member” if he or she “(D) frequents a particular criminal street gang’s area; (E) adopts such gang’s style of dress, color, use of hand signs or tattoos; [or] (F) associates with known criminal street gang members,” just to name a few.72 These provisions are at the heart of Plaintiffs’ vagueness challenge, but Defendants fail to suggest how either statute parallels these particular provisions, and thus why the Court should dismiss the vagueness claim out of hand. 69 Id. at 892 (emphasis removed). 7…
discussed Cited as authority (rule) Franklin v. Navient, Inc.
D. Del. · 2021 · confidence medium
A. Punitive damages must comply with the notice rules for criminal cases “[T]he standards of due process” do not turn on “the simple label [Congress] chooses to fasten upon … its statute.” Giaccio v. Pennsylvania, 382 U.S. 399, 402 (1966).
discussed Cited as authority (rule) ROSEDALE AND ROSEHILL CEMETERY ASSOCIATION v. TOWNSHIP OF READINGTON (2×) also: Cited "see"
D.N.J. · 2020 · confidence medium
Co., 269 U.S. 385, 391 (1926) (explaining that “sufficiently explicit” statutory terms “is a well-recognized requirement, consonant alike with ordinary notions of fair play and the settled rules of law”); Jordan v. De George, 341 U.S. 223, 231-32 (1951) (“Despite the fact that this is not a criminal statute, we shall nevertheless examine the application of the vagueness doctrine to this case.”); Kolender v. Lawson, 461 U.S. 352, 357-58 (1961); Giaccio v. Pennsylvania, 382 U.S. 399, 402 (1966); Coates v. City of Cincinnati, 402 U.S. 611, 613-14 (1971); Village of Hoffman Estates v. …
discussed Cited as authority (rule) Young v. Mitsubishi Motors North America Corporation Inc
W.D. Wash. · 2020 · signal: cf. · confidence medium
Cf. Giaccio v. Pennsylvania, 382 U.S. 399, 403 (1966) (The Clause “protect[s] a person against 17 having the Government impose burdens upon him except in accordance with the 18 valid laws of the land”).
discussed Cited as authority (rule) Rasel v. Barr
W.D.N.Y. · 2020 · confidence medium
And “due process protections . . . are ‘not to be avoided by the simple label [the government] chooses to fasten upon its conduct or its statute.’” Sessions v. Dimaya, 138 S. Ct. 1204, 1229 (2018) (Gorsuch, J., concurring) (quoting Giaccio v. Pennsylvania, 382 U.S. 399, 402 (1966)).
discussed Cited as authority (rule) Sessions v. Dimaya
SCOTUS · 2018 · confidence medium
This Court has made clear, too, that due process protections against vague laws are “not to be avoided by the simple label a State chooses to fasten upon its conduct or its statute.” Giaccio v. Pennsylvania, 382 U. S. 399, 402 (1966).
cited Cited as authority (rule) Jankovich v. Illinois State Police
Ill. App. Ct. · 2017 · confidence medium
See Mathews v. Eldridge, 424 U.S. 319, 332 (1976); Giaccio v. Pennsylvania, 382 U.S. 399, 402-03 (1966).
cited Cited as authority (rule) Jankovich v. The Illinois State Police
Ill. App. Ct. · 2017 · confidence medium
See Mathews v. Eldridge, 424 U.S. 319, 332 (1976); Giaccio v. Pennsylvania, 382 U.S. 399, 402-03 (1966).
examined Cited as authority (rule) Shearer, Robert Scott (4×)
Tex. App. · 2015 · confidence medium
(Op. at 2) Reasons for Review................................................................................... 20 Argument and Authorities.......................................................................... 21 Prayer for Relief…………………………………………………………. 22 Certificate of Service…………………………………………………….. 23 Certificate of Compliance……………………………………………….. 24 Appendix………………………………………………………………… 25 3 LIST OF AUTHORITIES Page CASES G…
cited Cited as authority (rule) Rajnikant Patel v. Karnavati America, LLC
N.J. Super. Ct. App. Div. · 2014 · confidence medium
Ed. 2d at 773 (plurality op.) (quoting Giaccio v. Pennsylvania, 382 U.S. 399, 403 , 86 S. Ct. 518, 521 , 15 L.
cited Cited as authority (rule) Rajnikant Patel v. Karnavati America LLC
N.J. Super. Ct. App. Div. · 2014 · confidence medium
Ed. 2d at 773 (plurality op.) (quoting Giaccio v. Pennsylvania, 382 U.S. 399, 403 , 86 S. Ct. 518, 521 , 15 L.
discussed Cited as authority (rule) The People v. Robledo CA6
Cal. Ct. App. · 2013 · confidence medium
See, e.g., Lanzetta v. State of New Jersey, 306 U.S. 451 , 59 S.Ct. 618 , 83 L.Ed. 888 ; Baggett v. Bullitt, 377 U.S. 360 , 84 S.Ct. 1316 , 12 L.Ed.2d 377 ." (Giaccio v. State of Pa. (1966) 382 U.S. 399, 402-403 [ 86 S.Ct. 518 ].) Due process, however, does not require exactitude.
discussed Cited as authority (rule) In re Omar M.
Ill. App. Ct. · 2012 · confidence medium
“It is established that a law fails to meet the requirements of the Due Process Clause if it is so vague and standardless that it leaves the public uncertain as to the conduct it prohibits....” (Internal quotation marks omitted.) City of Chicago v. Morales, 527 U.S. 41, 56 (1999) (quoting Giaccio v. Pennsylvania, 382 U.S. 399, 402-03 (1966)).
discussed Cited as authority (rule) Troy G. Avera v. Airline Pilots Assoc. Int'l, Airline Pilots Assoc. Master Exec. Counsel
11th Cir. · 2011 · confidence medium
Moreover, “[d]ue process requires ‘that the law must be one that carries an understandable meaning with legal standards that courts must enforce.’” Harris v. Mexican Specialty Foods, Inc., 564 F.3d 1301, 1310 (11th Cir. 2009) (quoting Giaccio v. Pennsylvania, 382 U.S. 399, 403 (1966)).
discussed Cited as authority (rule) J. McIntyre Machinery, Ltd. v. Nicastro
SCOTUS · 2011 · signal: cf. · confidence medium
Cf. Giaccio v. Pennsylvania, 382 U. S. 399, 403 (1966) (The Clause “protect[s] a person against having the Government impose burdens upon him except in accordance with the valid laws of the land”).
discussed Cited as authority (rule) J. McIntyre Machinery, Ltd. v. Nicastro
SCOTUS · 2011 · signal: cf. · confidence medium
Cf. Giaccio v. Pennsylvania, 382 U. S. 399, 403 (1966) (The Clause “protect[s] a person against having the Government impose burdens upon him except in accordance with the valid laws of the land”).
discussed Cited as authority (rule) Kaur v. New York State Urban Development Corp. (2×)
NY · 2010 · confidence medium
This contention is likewise unpersuasive. *256 It has long been settled that "civil as well as penal statutes can be tested for vagueness under the due process clause" ( Montgomery v Daniels, 38 NY2d 41, 58 [1975], citing Giaccio v Pennsylvania, 382 US 399, 402 [1966]).
cited Cited as authority (rule) State v. G'STOHL
Mont. · 2010 · confidence medium
XTV, § 1; Samples , ¶ 16; GiaCcio v. Pennsylvania, 382 U.S. 399, 402-03 , 86 S. Ct. 518, 520-21 (1966).
discussed Cited as authority (rule) State v. Adams (2×)
Md. · 2008 · confidence medium
Colvin-El, citing Giaccio v. Pennsylvania, 382 U.S. 399, 403 , 86 S.Ct. 518, 521 , 15 L.Ed.2d 447, 450 (1966), contends that he was thereby deprived of due process because he was not tried in accordance with the law of the land and because the instruction was confusing.
discussed Cited as authority (rule) Richard John Jolly v. Lynette Suzanne Jolly
Tenn. Ct. App. · 2006 · confidence medium
A law can be found unconstitutionally vague if “it is so vague and standardless that it leaves the public uncertain as to the conduct it prohibits.” City of Chicago v. Morales, 527 U.S. 41, 56 , 119 S.Ct. 1849, 1859 (1999) (citing Giaccio v. Pennsylvania, 382 U.S. 399, 402-03 , 86 S.Ct. 518, 521 (1966)).
discussed Cited as authority (rule) General Motors Corp. v. Motor Vehicle Review Board (2×)
Ill. App. Ct. · 2005 · confidence medium
Ed. 2d 447, 450 , 86 S. Ct. 518, 520-21 (1966); see also East St.
cited Cited as authority (rule) General Motors Corp. v. State of Illinois Motor Vehicle Review Board
Ill. App. Ct. · 2005 · confidence medium
Ed. 2d 447, 450 , 86 S. Ct. 518, 520-21 (1966); see also East St.
discussed Cited as authority (rule) Tucson Woman's Clinic v. Eden
9th Cir. · 2004 · confidence medium
A law is unconstitutionally vague if it fails to provide a reasonable opportunity to know what conduct is prohibited, id. (citing Giaccio v. Pennsylvania, 382 U.S. 399, 402-03, 86 S.Ct. 518 , 15 L.Ed.2d 447 (1966)), or is so indefinite as to allow arbitrary and discriminatory enforcement, id. (citing City of Chicago v. Morales, 527 U.S. 41, 52, 119 S.Ct. 1849 , 144 L.Ed.2d 67 (1999)).
discussed Cited as authority (rule) United States v. Bowker
6th Cir. · 2004 · confidence medium
Cir. 1999) (holding that Giaccio v. Pennsylvania, 382 U.S. 399, 402-03 (1966). telephone harassment statute was unconstitutional as applied to defendant who had placed seven calls to a U.S. Attorney to The stalking and telephone harassment statutes charged in complain about his treatment by the police and the Bowker’s indictment provide sufficient notice of their prosecutor’s conduct of a case against him).
discussed Cited as authority (rule) Broussard v. Orleans Parish
5th Cir. · 2003 · confidence medium
It also may be more likely that bail- jumping would occur under the deposit plan because the arrested individuals would forfeit less financially if they failed to appear in court. 42 382 U.S. 399, 403 (1966). 43 Schilb, 404 U.S. at 370-71 . 44 Based on Augustus v. Roemer, 771 F. Supp. 1458 (E.D.
discussed Cited as authority (rule) United States v. Joan H. Kalb, in No. 00-1733 United States of America v. Garrick M. Beck, in No. 00-1734 United States v. Stephen M. Sedlacko, in No. 00-1746
3rd Cir. · 2000 · confidence medium
III. 13 The appellants next attack particular aspects of the regulations on constitutional grounds, arguing first that the regulations are impermissibly vague and overbroad because they fail to establish standards for the public and for those enforcing the regulations "sufficient to guard against the arbitrary deprivation of liberty interests." City of Chicago v. Morales, 527 U.S. 41, 52 (1999). 14 "It is established that a law fails to meet the requirements of the Due Process Clause if it is so vague and standardless that it leaves the public uncertain as to the conduct it prohibits. . . ." I…
discussed Cited as authority (rule) United States v. Kalb
3rd Cir. · 2000 · confidence medium
“It is established that a law fails to meet the requirements of the Due Process Clause if it is so vague and standardless that it leaves the public uncertain as to the conduct it prohibits....” Id. at 56 , 119 S.Ct. 1849 (quoting Giaccio v. Pennsylvania, 382 U.S. 399, 402, 403 , 86 S.Ct. 518 , 15 L.Ed.2d 447 (1966)).
discussed Cited as authority (rule) Dupont v. IDAHO STATE BD. OF LAND COM'RS
Idaho · 2000 · confidence medium
Additionally, the Court held that implicit in the constitutional safeguard of due process is "the premise that the law must be one that carries an understandable meaning with legal standards that courts must enforce." Id. at 715 , 791 P.2d at 1294 (quoting Giaccio v. Pennsylvania, 382 U.S. 399, 402-03 , 86 S.Ct. 518, 520-21 , 15 L.Ed.2d 447, 449-50 (1966)).
Retrieving the full opinion text from the archive…
Giaccio
v.
Pennsylvania
47.
Supreme Court of the United States.
Nov 8, 1965.
382 U.S. 399
Peter Hearn argued the cause for appellant. With him on the brief were James C. N. Paul and Paul J. Mishkin., John S. Halsted argued the cause for appellee. With him on the brief were Walter E. Alessandroni, Attorney-General of Pennsylvania, Graeme Murdock, Deputy Attorney General, and A. Alfred Delduco.
Black, Stewart, Fortas.
Cited by 595 opinions  |  Published
4 passages pin-cited by 5 cases
Pinpoint authority: #19,293 of 633,719
Citer courts: Tenth Circuit (6) · New Jersey Superior Court App … (3) · Supreme Court (3) · D. Colorado (1)

Lead Opinion

[*400] Mr. Justice Black

delivered the opinion of the Court.

Appellant Giaccio was indicted by a Pennsylvania grand jury and charged with two violations of a state statute which makes it a misdemeanor to wantonly point or discharge a firearm at any other person.[1] In a trial before a judge and jury appellant’s defense was that the firearm he had discharged was a starter pistol which only fired blanks. The jury returned a verdict of not guilty on each charge, but acting pursuant to instructions of the court given under authority of a Pennsylvania statute of 1860, assessed against, appellant the court costs of one of the charges (amounting to $230.95). The Act of 1860, set out below,[2] provides among other things that:

“. . . in all cases of acquittals by the petit jury on indictments for [offenses other than felonies], the. jury trying the same shall determine, by their verdict, whether the county, or the prosecutor, or the[*401] defendant shall pay the costs . . . and whenever the jury shall determine as aforesaid, that the . . . defendant shall pay the costs, the court in which the said determination shall be made shall forthwith . pass sentence to that effect, and order him to be committed to the jail of the county until the costs are paid, unless he give security to pay the same within ten days.”

Appellant made timely objections to the validity of this statute on several grounds,[3] including an objection that the statute is unconstitutionally vague in violation of the Fourteenth Amendment’s Due Process Clause because it authorizes juries to assess costs against acquitted defendants, with a threat of imprisonment until the costs are paid, without prescribing definite standards to govern the jury’s determination. The trial court held the 1860 Act void for vagueness in violation of due process, set aside the jury’s verdict imposing costs on the appellant, and vacated the “sentence imposed upon Defendant that he pay said costs forthwith or give security to pay the same within ten (10) days and to stand committed until he had complied therewith.”[4] The Superior Court of Pennsylvania, one judge dissenting, reversed the trial court closing its opinion this way:

“We can find no reason that would justify our holding it [the 1860 Act] unconstitutional.
“Order reversed, sentence reinstated.” [5]

The State Supreme Court, again with one judge dissenting, agreed with the Superior Court and affirmed its judg-ment.[*402] [6] This left appellant subject to the judgment for costs and the “sentence” to enforce payment. We noted jurisdiction to consider the question raised concerning vagueness and absence of proper standards in the 1860 Act. 381 U. S. 923. We agree with the trial court and the dissenting judges in the appellate courts below that the 1860 Act is invalid under the Due Process Clause because of vagueness and the absence of any standards sufficient to enable defendants to protect themselves against arbitrary and discriminatory impositions of costs.

1. In holding that the 1860 Act was not unconstitutionally vague the State Superior and Supreme Courts rested largely on the declaration that the Act “is not a penal statute” but simply provides machinery for the collection of costs of a “civil character” analogous to imposing costs in civil cases “not as a penalty but rather as compensation to a litigant for expenses. . . .” But admission of an analogy between the collection of civil costs and collection of costs here does not go far towards settling the constitutional question before us. Whatever label be given the 1860 Act, there is no doubt that it provides the State with a procedure for depriving an acquitted defendant of his liberty and his property. Both liberty and property are specifically protected by the Fourteenth Amendment against any state deprivation which does not meet the standards of due process, and this protection is not to be avoided by the simple label a State chooses to fasten upon its conduct or its statute. So here this state Act whether labeled “penal” or not must meet the challenge that it is unconstitutionally vague.

2. It is established that a law fails to meet the requirements of the Due Process Clause if it is so vague and standardless that it leaves the public uncertain as to the conduct it prohibits or leavés judges and jurors free to[*403] decide, without any legally fixed standards, what is prohibited and what is not in each particular case. See, e. g., Lanzetta v. New Jersey, 306 U. S. 451; Baggett v. Bullitt, 377 U. S. 360. This 1860 Pennsylvania Act contains no standards at all, nor does it place any conditions of any kind upon the jury’s power to impose costs upon a defendant who has been found by the jury to be not guilty of a crime charged against him. The Act, without imposing a single condition, limitation or contingency on a jury which has acquitted a defendant simply says the jurors “shall determine, by their verdict, whether . . . the defendant, shall pay the costs” whereupon the trial judge is told he “shall forthwith pass sentence to that effect, and order him [defendant] to be committed to the jail of the county” there to remain until he either pays or gives security for the costs. Certainly one of the basic purposes of the Due Process Clause has always been to protect a person against having the Government impose burdens upon him except in accordance with the valid laws of the land. Implicit in this constitutional safeguard is the premise that the law must be one that carries an understandable meaning with legal standards that courts must enforce. This state Act as written does not even begin to meet this constitutional requirement.

3. The State contends that even if the Act would have been void for vagueness as it was originally written, subsequent state court interpretations have provided standards and guides that cure the former constitutional deficiencies. We do not agree. All of the so-called court-created conditions and standards still leave to the jury such broad and unlimited power in imposing costs on acquitted defendants that the jurors must make determinations of the crucial issue upon their own notions of what the law should be instead of what it is. Pennsylvania decisions have from time to time said expressly, or at least implied, that juries having found a defendant not[*404] guilty may impose costs upon him if they find that his conduct, though not unlawful, is “reprehensible in some respect,” “improper,” outrageous to “morality and justice,” or that his conduct was “not reprehensible enough for a criminal conviction but sufficiently reprehensible to deserve an equal distribution of costs” or that though acquitted “his innocence may have been doubtful.” [7] In this case the trial judge instructed the jury that it might place the costs of prosecution on the appellant, though found not guilty of the crime charged, if the jury found that “he has been guilty of some misconduct less than the offense which is charged but nevertheless misconduct of some kind as a result of which he should be required to pay some penalty short of conviction [and] ... his misconduct has given rise to the prosecution.”

It may possibly be that the trial court’s charge comes nearer to giving a guide to the jury than those that preceded it, but it still falls short of the kind of legal standard due process requires. At best it only told the jury that if it found appellant guilty of “some misconduct” less than that charged against him, it was authorized by law to saddle him with the State’s costs in its unsuccessful prosecution. It would be difficult if not impossible for a person to prepare a defense against such general abstract charges as “misconduct,” or “reprehensible conduct.” If used in a statute which imposed forfeitures, punishments or judgments for costs, such loose and unlimiting terms would certainly cause the statute to fail to measure up to the requirements of the Due Process Clause. And these terms are no more effective to make a statute valid which standing alone is void for vagueness.

[*405] We hold that the 1860 Act is constitutionally invalid both as written and as explained by the Pennsylvania courts.[8] The judgment against appellant is reversed and the case is remanded to the State Supreme Court for further proceedings not inconsistent with this opinion.

Reversed and remanded.

1

Act of June 24, 1939, Pub. L. 872, § 716, Pa. Stat. Ann., Tit. 18, § 4716.

2

Act of March 31, 1860, Pub. L. 427, § 62, Pa. Stat. Ann., Tit. 19, § 1222, provides:

“In all prosecutions, cases of felony excepted, if the bill of indictment shall be returned ignoramus, the grand jury returning the same shall decide and certify on such bill whether the county or the prosecutor shall pay the costs of prosecution; and in all cases of acquittals by the petit jury on indictments for the offenses aforesaid, the jury trying the same shall determine, by their verdict, whether the county, or the prosecutor, or the defendant shall pay the costs, or whether the same shall be apportioned between the prosecutor and the defendant, and in what proportions; and the jury, grand or petit, so determining, in case they direct the prosecutor to pay the costs or any portion thereof, shall name him in their return or verdict; and whenever the jury shall determine as aforesaid, that the prosecutor or defendant shall pay the costs, the court in which the said determination shall be made shall forthwith pass sentence to that effect, and order him to be committed to the jail of the county until the costs are paid, unless he give security to pay the same within ten days."

3

One objection was that the Act violates the Equal Protection Clause of the Fourteenth Amendment because it discriminates against defendants in misdemeanor cases by imposing greater burdens upon them than upon defendants in felony cases and cases involving summary offenses. We do not reach or decide this question.

4

30 Pa. D. & C. 2d 463 (Q. S. Chester, 1963).

7

Tlie foregoing quotations appear in a number of Pennsylvania cases including Commonwealth v. Tilghman, 4 S. & R. 127; Baldwin v. Commonwealth, 26 Pa. 171; Commonwealth v. Daly, 11 Pa. Dist. 527 (Q. S. Clearfield); and in the opinion of the Superior Court in this case, 202 Pa. Super. 294, 196 A. 2d 189.

8

In so holding we intend to cast no doubt whatever on the constitutionality of the settled practice of many States to leave to juries finding defendants guilty of a crime the power to fix punishment within legally prescribed limits.

Concurrence

Mr. Justice Stewart,

concurring.

I concur in the Court’s determination that the Pennsylvania statute here in question cannot be squared with the standards of the Fourteenth Amendment, but for reasons somewhat different from those upon which the Court relies. It seems to me that, despite the Court’s disclaimer,* much of the reasoning in its opinion serves to cast grave constitutional doubt upon the settled practice of many States to leave to the unguided discretion of a jury the nature and degree of punishment to be imposed upon a person convicted of a criminal offense. Though I have serious questions about the wisdom of that practice, its constitutionality is quite a different matter. In the present case it is enough for me that Pennsylvania allows a jury to punish a defendant after finding him not guilty. That, I think, violates the most rudimentary concept of due process of law.

See n. 8, ante.

Concurrence

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.