medium · LSAT Reading Comprehension

The Rule of Lenity is a principle of statutory construction that requires courts to resolve ambiguities in criminal statutes in favor of the defendant. The rationale is twofold. First, it ensures that citizens have 'fair notice' of what conduct is prohibited; it is considered unjust to punish someone under a law so vague that its meaning could not be clearly understood. Second, it maintains the separation of powers by ensuring that the legislature, not the judiciary, defines crimes and punishments. If a statute can be read in two ways—one that covers the defendant's conduct and one that does not—the court must choose the narrower reading. However, the rule only applies when a statute is 'grievously ambiguous' after all other tools of interpretation, such as legislative history and context, have been exhausted. It is a 'rule of last resort' designed to protect individual liberty from the potentially overreaching power of the state.

Which of the following best expresses the primary concern of the Rule of Lenity?

  1. Shielding individuals from punishment under statutes that do not clearly mark the limits of prohibited conduct.
  2. Authorizing judges to fashion new criminal categories when the legislature lags behind social change.
  3. Ensuring that the punishment imposed for a crime is proportionate to the gravity of the act.
  4. Safeguarding the public from dangerous individuals by reading safety statutes expansively.
  5. Preserving the separation of powers by reserving the definition of crimes to the legislature.

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