Lenity

And here I must observe, that the Americans can no longer anticipate lenity from the English traveller, as latterly they have so deeply committed themselves. ❋ Frederick Marryat (1820)

But as Demeo told him, tu illum corrumpi sinis, your lenity will be his undoing, praevidere videor jam diem, illum, quum hic egens profugiet aliquo militatum, I foresee his ruin. ❋ Unknown (2007)

The man who was in the last degree amiable was to the last degree unyielding where conscience was concerned; the soul which was so tender had no weakness in it; his lenity was the divination of a finer justice. ❋ William Dean Howells (1878)

The colored teachers who present themselves are examined with a great deal of "lenity," -- and some who cannot even spell, are placed in charge of the young. ❋ Unknown (1856)

It is even good policy to treat prisoners with the greatest lenity which is consistent with their safe-keeping. ❋ Unknown (1812)

Director's Favorite Line: "When lenity and cruelty play for a kingdom, the gentler gamester is the soonest winner." ❋ Pia Catton (2011)

The opposite of secret laws is openly specified, written down laws, and a strong form of that, which subsumes e.g. the rule of lenity and the prohibition on ambiguous criminal laws, is something like: nobody should be convicted of a crime unless it was unambiguously written in a law, which they could (at least in theory) read, that their behavior was criminal. ❋ Unknown (2010)

Despite the conclusions of other courts, the district court determined that, given those statutory construction arguments and the rule of lenity (since the CFAA is also a criminal statute), “authorization” is not exceeded just because the employee breaches her duty of loyalty to an employer. ❋ Rebecca Tushnet (2009)

The opposite of secret laws is openly specified, written down laws, and a strong form of that, which subsumes e.g. the rule of lenity and the prohibition on ambiguous criminal laws, is something like: nobody should be convicted of a crime unless it was unambiguously written in a law, which they could at least in theory read, that their behavior was criminal. ❋ Unknown (2010)

There was no avenue here for a criminal conviction, certainly not with the rule of lenity (requiring that criminal statutes be interpreted against the state). ❋ Unknown (2008)

Justice Ginsburg rightly described this as overbroad, and she cited Court precedent that "ambiguity concerning the ambit of criminal statutes should be resolved in favor of lenity." ❋ Unknown (2010)

Steve mentions the rule of lenity in the third comment. ❋ Unknown (2009)

This seems like a very easy one, particularly given the rule of lenity. ❋ Unknown (2009)

Because I think there are two plausible interpretations of the statute, the rule of lenity should favor that construction, which is more defendant-friendly. ❋ Unknown (2009)

The very purpose of the rule of lenity, in my view, is to ensure that courts will not take standard legal terminology and novelly re-interpret it to make criminal conduct which has never been regarded as a crime in any jurisdiction. ❋ Unknown (2009)

The rule of lenity is essential to securing liberties and ensuring the legislature, not the courts, initiates novel definitions of crime. ❋ Unknown (2009)

Conspiracy theory: The Cheney comment was made knowing it would boost Hillary, as a favor to James Carville in exchange for Carville's signing of a letter to Scooter Libby trial judge Reggie Walton requesting lenity for poor put upon Scooter. ❋ Unknown (2009)

Henry forbids his men from attacking, harming, and harassing peasants, "For when lenity and cruelty play for a kingdom, the gentler gamester is the soonest winner." ❋ Unknown (2009)

I believe courts should generally read statutes as written, but the should also read their terms against the backdrop of the legal rules that help define these terms, and principles such as the rule of lenity, and the presumption against readings that produce absurd results. ❋ Unknown (2009)

Neither across-the-board lenity nor maximum severity offers the right answer to that question. ❋ Unknown (2009)