Abstract
This article looks to application of the Rule of Lenity by the Supreme Court and lower courts. In particular, it considers four standards articulated by the Supreme Court to determine whether sufficient ambiguity exists to trigger the rule of lenity and looks to how these standards have been applied to either apply or reject application of the Rule of Lenity. Then, Corpus Linguistics is employed in the context of five cases where usage of the Rule of Lenity divided the Supreme Court. Ultimately, this analysis reveals the widely disparate standards employed by Justices and suggests that a large portion of the Court has turned the Rule of Lenity on its head by putting a heavy burden on a defendant seeking to invoke the Rule of Lenity.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
