Same as the avoidance canon in form, the rule of lenity
could hardly be more different in operation.
415, 429 (2009) (debating whether legislative history could be applied to clarify a statute before the rule of lenity
would be applied).
Accordingly, and as recognized by the rule of lenity
, the government
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.
113) The treatise maintains "that the rule of lenity
is underused in modern judicial decision-making--perhaps the consequence of zeal to smite the wicked.
3d at 863 (invoking the rule of lenity
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".
Rather, those cases avoid the due process question, sometimes invoking the rule of lenity
, by reading a mens rea requirement into otherwise silent or ambiguous statutes.
The rule of lenity
and principles of federalism both support the idea that NOTA section 301 should be read narrowly, as allowing (by not prohibiting) state-benefit programs.
164) Finding a "grievous ambiguity," the court implemented the rule of lenity
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.
As for Eisenhower, "you must judge with the utmost lenity
, his position is nearly impossible.