Sentences with phrase «of lenity»

The court added that if the legislative history fails to clarify the statute, the «rule of lenity» compels construction in favor of the defendants.

In addition to the rule of lenity, the application of the plain meaning rule to the CFAA results in it potentially being unconstitutionally vague.

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.

Don't rule of lenity and / or constitutional doubt doctrines suggest that the SRA should now be interpreted to disallow such enhancements?

Not exact matches

«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.»