Sentences with word «lenity»
Don't rule of lenity and / or constitutional doubt doctrines suggest that the SRA should now be interpreted to disallow such enhancements?
sentencing.typepad.com
«When lenity and cruelty play for a kingdom, the gentler gamester is the soonest winner.»
«Jury nullification, also called jury lenity, is the extraordinary power of the jury to issue a not - guilty verdict even if the law as applied to the proven facts establishes that the defendant is guilty.
«Jury nullification is the de facto ability of the jury to refuse to apply the law as instructed by the court, choosing instead to acquit out of compassion or compromise or because of the jury's assumption of a power which they had no right to exercise, but to which they were disposed through lenity.»
And insofar as there is any ambiguity, the related «rule of lenity» states that the ambiguity should be resolved in favour of the accused, whose liberty is at stake, as opposed to the state.
However, if in doing so, the court runs afoul of the «clear and definitive language» rule and the rule of lenity, then that presumption should be rebutted.
In addition to the rule of lenity, the application of the plain meaning rule to the CFAA results in it potentially being unconstitutionally vague.