808, 812 (1971) ("[A]mbiguity concerning the ambit of criminal statutes should be resolved in favor of lenity
necessitate the judge's lenity
, the penalty may be changed".
Stephen Wills Murphy, The Rule of Lenity
and Hybrid Statutes: WEC Carolina Energy Solutions LLC v.
Consider, for example, the debate between Justices Scalia and Ginsburg, on the one hand, and Justices Thomas and Breyer, on the other hand, over the role the rule of lenity
should play in criminal cases, (50) or similar disagreements between Justices Scalia and Thomas about the degree of deference due precedent.
The majority opinion also invoked the rule of lenity
, which requires that statutes that impose a penalty be interpreted in favor of more lenient punishment.
follows the rule of lenity
will choose the one most favorable to the
Therefore, to constitutionally interpret Congressional intent while avoiding prejudicial error, and applying the rule of lenity
, this court severs the language "The accused has the burden of proving the affirmative defense by a preponderance of evidence.
95) This has led to wild swings between lenity
and severity in
128) Justice Stevens further stated "it would be unusual for the judiciary to replace the normal rule of lenity
that is applied to criminal cases with a rule of severity for a special category of antitrust cases.
Part III discusses the danger inherent in both progressives' choice to focus on lenity
as the problem, and their severity-boosting solutions.
39) Statutes criminalizing the access, theft, and misuse of intellectual property have been narrowed under the rule of lenity
because, given a choice between two constructs, the courts choose the more lenient version.
Weinstein concluded that the rule of lenity
, which says ambiguities in the definition of a crime should be resolved in the defendant's favor, required him to accept Dicristina's interpretation.
725 (2007); Note, Justifying the Chevron Doctrine: Insights from the Rule of Lenity
, 123 HARV.
However, if one delves deeper, the General Stud Book (which i agree has accuracy issues) records that clemence was put to Bend Or in 1882 - the product being the filly Lenity
dissenting) (highlighting inconsistencies in lenity
among three elements of OUI offense).