Is excessiveness a factor in determining whether a person has committed a crime?
MultiRegion, United States of America
The following excerpt is from Doe v. Otte, 259 F.3d 979 (9th Cir. 2001):
No one Mendoza-Martinez factor is determinative, and excessiveness, standing alone, would not be dispositive under the Mendoza-Martinez test. Hudson v. United States, 522 U.S. 93, 101 (1997). Still, we place substantial weight on the fact that the Act is far more sweeping than necessary to serve the purpose of promoting public safety. This is so not only with respect to the undifferentiated scope of the Act but
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