Same as the avoidance canon in form, the rule of lenity
could hardly be more different in operation.
Although the plurality references both the rule of lenity
and legislative history, they are given less weight than the heading and placement in the Code.
56) There is still no agreement about whether even very strong policy rules, like lenity
, are opening presumptions to overcome or, rather, tiebreakers at the end after all sources are considered.
the rule of lenity
analysis, Judge Sutton argued that federalism
the statute, and the rule of lenity
, the court held that the statute
207) This view of the canons takes in those rules of construction, like the rule of lenity
or the presumption against preemption, (208) that point to specific constitutional principles, because those canons harmonize new laws with those principles without forcing an evaluation of actual constitutional conflict.
57) They rebutted the majority's application of the surplusage canon and argued that any textual ambiguity should be resolved by the rule of lenity
in favor of the defendant.
Thomas, India, Grade 12, The Indian High School
The Court has also begun to pare back some of the absurdly broad federal statutes under the rule of lenity
, which holds that ambiguities in a statute should be resolved in favor of the defendant so long as it does not violate legislative intent.
argues that a rule of lenity
would create greater transparency and more
475 (2009); Warren Thomas, Note, Lenity
on Me: LVRC Holdings LLC v.
Finally, the rule of lenity
also supports the adoption of the
68) The lenity
of the remedy becomes even clearer in light of an additional order which allowed the Herald Sun to continue to make the offending newspaper articles available 'for historical or archival purposes', provided that the publication was accompanied by the required corrective notice.
BEYOND A REASONABLE DOUBT RULE AS RULE OF LENITY
necessitate the judge's lenity
, the penalty may be changed".