Interpreting Criminal Statutes

Question 1

Plain meaning rule

Answer 1

give statute the plain meaning

Question 2

Constitutional Avoidance

Answer 2

respect the legislative intent; if there are two interpretations and one conflict with the Constitution, prefer the one that does not conflict with the Constitution

Question 3

Avoid absurdity

Answer 3

choose interpretations that lead to reasonable results

Question 4

Expression Unius

Answer 4

the expression of one thing is the exclusion of others

Question 5

Ejusdem Unius

Answer 5

“of the same kind”: where general words follow a specific enumeration of persons or things, the general words should be limited to persons or things similar to those specifically enumerated

Question 6

rule of lenity

Answer 6

unresolvable ambiguities construed in favor of the defendant

Question 7

Typical canons order

Answer 7

plain meaning, edjusdem generis, absurdity, congressional intent and legislative history, rule of lenity