Penal statutes are strictly construed in favor of the accused
Evidence
Che Federal 2scape Act provides one rule where a person escapes from legal custody before conviction and another where a per -on is serving a sentence at the time of attempting to escape. In the for2er cae the sentence may be concurrent with any sentence imposed for any other crime but in the latter case the sentence must be consecutive to the sentence which he is serving and in addition theretd7 Rutledge v. United States, 5 Cir., 146 F.2d 199. Under the literal words of the statute the sentence provided as punishnent for one who is serving a sentence must begin at the expiration of or release from “any sentence under whizh such person is held at the time of such escape or attempt to escape.” TZhe stptute is a penal one and should be strictly construed in favor of the accused. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1055
Categorization
- DEFINE: The rule of lenity: penal statutes construed against the government and in favor of the accused.
- XREF: connects to: A penal statute’s silence on a subject implies no legislative intent to regulate it — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1005; Absurd consequences outweigh the doctrine of strict construction of penal statutes. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1211; The strict-construction canon can be expressly abolished by statute — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1597 (+6 more)
Broader Connections
- Some states statutorily reject the strict-construction rule for penal statutes
#contradicts(0.95) — Lawrence M. Friedman and Grant M. Hayden, American Law, 501 - Overbroad statutes are tainted when prohibiting both protected and criminal conduct
#corroborates(0.82) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 844 - Laws criminalizing conduct shielded by fundamental rights are unconstitutional
#corroborates(0.80) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1403 - Presumption of innocence is a legitimate appeal to ignorance enshrined in law
#corroborates(0.78) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1080