rule of lenity

rule of lenity
Where the intention of Congress is not clear from the act itself and reasonable minds might differ as to its intention, the court will adopt the less harsh meaning. U. S. v. Callanan, D.C.Mo., 173 F.Supp. 98,100.
The judicial doctrine by which courts decline to interpret criminal statutes so as to increase penalty imposed, absent clear evidence of legislative intent to do otherwise; in other words, where there is ambiguity in a criminal statute, doubts are resolved in favor of defendant. State v. Stephens, 22 Wash.App. 548, 591 P.2d 827, 832.
Under "rule of lenity," statute establishing penalty which is susceptible of more than one meaning should be construed so as to provide most lenient penalty. State v. Andrews, Alaska App., 707 P.2d 900, 907

Black's law dictionary. . 1990.

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  • rule of lenity — rule of len·i·ty / le nə tē/: a rule requiring that those ambiguities in a criminal statute relating to prohibitions and penalties be resolved in favor of the defendant when to do so would not be contrary to legislative intent Merriam Webster’s… …   Law dictionary

  • Lenity Rule — This rule provides that where there is ambiguity in the language of a statute concerning multiple punishment, ambiguity should be resolved in favor of lenity in sentencing. U.S. v. Harrington, C.A.Va., 662 F.2d 1046, 1054 …   Black's law dictionary

  • Lenity Rule — This rule provides that where there is ambiguity in the language of a statute concerning multiple punishment, ambiguity should be resolved in favor of lenity in sentencing. U.S. v. Harrington, C.A.Va., 662 F.2d 1046, 1054 …   Black's law dictionary

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