What is the test of the rule of lenity?
MultiRegion, United States of America
The following excerpt is from U.S. v. Canales, 91 F.3d 363 (2nd Cir. 1996):
The rule of lenity "requires the sentencing court to impose the lesser of two penalties where there is an actual ambiguity over which penalty should apply." United States v. Fisher, 58 F.3d 96, 99 (4th Cir.), cert. denied, --- U.S. ----, 116 S.Ct. 329, 133 L.Ed.2d 229 (1995). The rule is inapplicable unless "after a court has seize[d][on] every thing from which aid can be derived, it is still
Page 368
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test of the rule of lenity? (MultiRegion, United States of America)
Does the rule of lenity apply? (MultiRegion, United States of America)
What is the test for "rule of lenity" in a criminal statute? (MultiRegion, United States of America)
What is the test of "rule of lenity" in criminal statutes? (MultiRegion, United States of America)
What is the test for applying the "rule of lenity" to reverse convictions under Section 33 of the Criminal Code? (MultiRegion, United States of America)
Does the majority of the Supreme Court have any authority to apply the rule of lenity to a defendant who has been convicted of a sexual assault? (MultiRegion, United States of America)
What is the test for applying the rule of lenity in a criminal context? ("New York", United States of America)
What is the test for "rule of lenity"? ("New York", United States of America)
What constitutes coercive conduct in a civil case? (MultiRegion, United States of America)
What is the burden of proving that the claimant became disabled prior to the expiration of his disability insured status? (MultiRegion, United States of America)
