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The Rule of Lenity
It is easy to state the rule of lenity, but hard to apply it. The rule simply says that any ambiguity in a term that the court cannot resolve must be interpreted in favor of the defendant. The easy question is to find the ambiguity and identify the two possible meanings. The real question is what methods and sources of law a court may use to resolve the ambiguity.
As you read Santos and Evans first identify the term that is ambiguous and understand the two possible meanings. Which meaning favors the defendant and which, the government. Second, the harder part: categorize the different sources and methods each court uses in an effort to resolve the ambiguity, and which sources the Santos opinion suggests it will not use (in a footnote).
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