rule of lenity
The rule of lenity is an
important principle of statutory construction; if a statutory ambiguity cannot
be resolved by analysis of the relevant text and the use of extrinsic aids, the
rule requires that the ambiguity be resolved in favor of the defendant. State
v. Gelman, 195 N.J. 475,
482 (2008) (citing United States v. Bass, 404 U.S. 336,
348, 92 S. Ct. 515,
523, 30 L. Ed.2d 488,
497 (1971)). The rule of lenity derives from the principle that “[n]o one shall
be punished for a crime unless both that crime and its punishment are clearly
set forth in positive law.” In re DeMarco, 83 N.J. 25,
36 (1980).
