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Turning the Rule of Lenity Into a Rule of Lenity (The Heritage Foundation)

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(Source: The Heritage Foundation) [1] Douglas Husak, Overcriminalization: The Limits of the Criminal Law3 (2008). [2] Some scholars have said that it has been a problem since at least the 14th century. See Sarah Newland, The Mercy of Scalia: Statutory Construction and the Rule of Lenity, 29 Harv. C.R.-C. L. Rev.197 (1994) (citing Leon Radzinowizc, A History of English Criminal Law and Its Administration from 1750, at 3-4 (1948)). [3] William Blackstone,Commentaries on the Laws of England *88. [4] See Jacob Scott, Codified Canons and the Common Law of Interpretation, 98 Geo. L.J. 341, 350 (2010) ('[I]t appears that legislative codification of the canons is both a widespread and substantive...

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