How have courts interpreted ambiguity in criminal legislation?

California, United States of America


The following excerpt is from People v. Smith, F067404 (Cal. App. 2014):

Finally, we take into account the rule of lenity. "'That rule generally requires that "ambiguity in a criminal statute should be resolved in favor of lenity, giving the defendant the benefit of every reasonable doubt on questions of interpretation. But ... 'that rule applies "only if two reasonable interpretations of the statute stand in relative equipoise." [Citation.]' [Citations.]" [Citations.]' [Citation.] 'The rule of lenity does not apply every time there are two or more reasonable interpretations of a penal statute. [Citation.] Rather, the rule applies "'only if the court can do no more than guess what the legislative body intended; there must be an egregious ambiguity and uncertainty to justify invoking the rule.'" [Citation.]' [Citation.]" (People v. Nuckles (2013) 56 Cal.4th 601, 611.) "Further, ambiguities are not interpreted in the defendant's favor if such an interpretation would provide an absurd result, or a result inconsistent with apparent legislative intent. [Citation.]" (People v. Cruz (1996) 13 Cal.4th 764, 783.)

Other Questions


For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
How have courts interpreted ambiguity in criminal legislation? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
How have courts interpreted a waiver agreement where the waiver agreement was ambiguous or ambiguous? (California, United States of America)
How has the court interpreted section 1385 of the Criminal Code with respect to criminal history? (California, United States of America)
Does the California Supreme Court have any power or authority to interpret a section of the California Penal Code that is ambiguous and ambiguous? (California, United States of America)
How have courts interpreted section 1018 of the California Criminal Code when a defendant makes a statement in open court that authorizes or adopts a motion to withdraw his plea? (California, United States of America)
How have courts interpreted the word "knowing" in criminal legislation? (California, United States of America)
How have courts interpreted or interpreted the word "or" and "and" in legislation? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.