The rule of lenity as a rule of structure
Z Price - Fordham L. Rev., 2003 - HeinOnline
Fordham L. Rev., 2003•HeinOnline
Statutory construction is an area of notorious incoherence and flux.'While courts have
veered toward a literalist focus on the dictionary meaning of terms, 2 they have failed to
overrule the older conventions of interpretation, leaving a grab-bag of techniques available
to support ad hoc departures from literal readings in uncomfortable cases.'One such
technique is the" rule of lenity"-the common law doctrine, also known as" strict construction,"
that directs courts to construe statutory ambiguities in favor of criminal defendants. 4 Though …
veered toward a literalist focus on the dictionary meaning of terms, 2 they have failed to
overrule the older conventions of interpretation, leaving a grab-bag of techniques available
to support ad hoc departures from literal readings in uncomfortable cases.'One such
technique is the" rule of lenity"-the common law doctrine, also known as" strict construction,"
that directs courts to construe statutory ambiguities in favor of criminal defendants. 4 Though …
Statutory construction is an area of notorious incoherence and flux.'While courts have veered toward a literalist focus on the dictionary meaning of terms, 2 they have failed to overrule the older conventions of interpretation, leaving a grab-bag of techniques available to support ad hoc departures from literal readings in uncomfortable cases.'One such technique is the" rule of lenity"-the common law doctrine, also known as" strict construction," that directs courts to construe statutory ambiguities in favor of criminal defendants. 4 Though long accepted and venerated in American jurisprudence as a guarantor of notice and legislative supremacy in criminal law, the rule has lately fallen out of favor with both courts and commentators.
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