Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Temporal Units Of Prosecution And Continuous Acts: Judicial And Constitutional Limitations
Temporal Units Of Prosecution And Continuous Acts: Judicial And Constitutional Limitations
San Diego Law Review
Part II will examine the
historical development and the Supreme Court's application of the so- called rule of lenity when adjudicating cases involving statutes with
unclear units of prosecution Part II will also examine the manner in which unclear draftsmanship has been treated in other areas of law and
will compare those areas of law with the rationale behind the rule of lenity. Finally, Part II will conclude by arguing that the rule of lenity creates a presumption opposing multiple prosecutions for the continuing violation of a statute, unless there is clear legislative intent to the contrary. Part M11 will …