Monday, October 25, 2004
Law Clerk Zachary Price argues in the Fordham Law Review that the rule of lenity is justified on separation of powers grounds. He explains "Whereas the conventional rationales have focused on the perspective of criminal defendants, seeking to guarantee them fair warning and political access, my analysis will shift to the perspective of voters, emphasizing lenity's role in advancing the democratic accountability of criminal justice."
The Rule of Lenity as a Rule of Structure, 72 Fordham L. Rev. 885 (March, 2004).