Legality

Question 1

nulle poene sine lege

Answer 1

No punishment without the law

Ensure fair warning (notice) and control discretion (don’t want to allow threat of punishment under a higher statute to be used as leverage in plea negotiations when that statute shouldn’t really apply)

Question 2

Expressio unius est exclusio alterius

Answer 2

Inclusion of one is exclusion of others (statutory interpretation tool)

Question 3

ejusdem generis

Answer 3

If you have general words at the end of a specific list, they only refer to words like those specifically enumerated

McBoyle – aircraft case, aircrafts not listed in statute, so no fair warning that law would apply to him (gets off)

Question 4

noscitur a sociis

Answer 4

words by association - what nouns and verbs are around it

Yates – are fish included in the statute, which covers tangible objects? No, SCOTUS holds, because they are not tangible objects intended to preserve information (intent of the statute was to prevent falsification/destruction of documents)

Question 5

Statutory interpretation –> tools for analysis

Answer 5

1. Textual analysis
> plain language
> expression unious est exclusio alterius
> Noscitur a sociis
> Ejusdem Generis

2. Legislative History/indications of legislative intent
   > prior judicial interpretation
   > common law
   > assume words aren’t superfluous
3. Lenity
4. Vagueness

Question 6

Lenity

Answer 6

Tool of statutory interpretation. If there’s confusion about whether the statute applies, err on the side of not. 2 forms:

1. Old School: Always narrowly read statute
2. Ascendent: usual tools of statutory interpretation; only use lenity as a tie-breaker if still ambiguous.

Question 7

retroactivity

Answer 7

statutes cannot be applied ex post fact because such application would violate the principles of nulle poene sine lege (legal fiction that the laws provide notice to people)

Question 8

void for vagueness

Answer 8

law = unconstitutional if vague because doesn’t provide proper notice that your conduct is prohibited, or it authorizes or encourages arbitrary and discriminatory enforcement (Morales)

you can challenge a law for vagueness on its face or as applied
• Grounded in DPC— so vague it fails to give notice.
• Like lenity, but it is NOT a rule of statutory interpretation.
• RARELY invoked.