http://briefcase8.com/2010/07/28/divining-intent/ Case analysis with an attitude Thu, 09 Feb 2012 12:49:27 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://briefcase8.com/2010/07/28/divining-intent/comment-page-1/#comment-84343 Russ Bensing Wed, 28 Jul 2010 15:43:42 +0000 http://briefcase8.com/?p=3239#comment-84343 Good catch, and I should have picked it up. That is a common misconception. I've seen lawyers try to argue that the rule of lenity should apply to interpretations of the criminal rules. Good catch, and I should have picked it up. That is a common misconception. I’ve seen lawyers try to argue that the rule of lenity should apply to interpretations of the criminal rules.

]]> http://briefcase8.com/2010/07/28/divining-intent/comment-page-1/#comment-84324 Jim Trotter Wed, 28 Jul 2010 12:40:20 +0000 http://briefcase8.com/?p=3239#comment-84324 In regards to the rule of lenity, I read the dissent and think they have missed a crucial aspect of "construing" the rule of lenity based on the statute's plain language. In Ohio, the rule is specifically limited to "offenses and penalties." How does a statute of limitations fit into the definition of an offense or penalty? It seems the rule has no application. In regards to the rule of lenity, I read the dissent and think they have missed a crucial aspect of “construing” the rule of lenity based on the statute’s plain language. In Ohio, the rule is specifically limited to “offenses and penalties.” How does a statute of limitations fit into the definition of an offense or penalty? It seems the rule has no application.

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