The answers of Hormisdas are given in the Acts of the Council of Constantinople held under Mennas, in which he states his trust in the prudence and experience of Epiphanius, and recommends lenity towards the returning, severity to the obdurate.
22.
We have applied the rule of lenity in a case raising a narrow question concerning the application of a statute that contains criminal sanctions to a specific factual dispute whether pistols with short barrels and attachable shoulder stocks are short-barreled rifles where no regulation was present.
23.
To require that Congress explicitly state its intention not to adopt petitioner's reading would make the rule applicable with the " mere possibility of articulating a narrower construction, " id ., at---, a result supported by neither lenity nor logic.
24.
However, The Ninth Circuit applied the rule of lenity to the term " authorization " and found that the Seventh's Circuit interpretation could criminalize a large swath of the population by looking to the subjective intent of the employee or the subsequent use of the information accessed.
25.
Respondent finally suggests that the rule of lenity requires adoption of the " jail-type confinement " test for purposes of calculating credit under s3585 ( b ) because " there is a split of authority in the Circuits concerning the reach of ` official detention, "'
26.
Even if there exist regulations whose interpretations of statutory criminal penalties provide such inadequate notice of potential liability as to offend the rule of lenity, the " harm " regulation, which has existed for two decades and gives a fair warning of its consequences, cannot be one of them.
27.
The court majority said that it was guided in its interpretation of eligibility for parole by the ` rule of lenity, ` noting, ` when a statute is susceptible to more than one interpretation, the rule of lenity dictates that any doubt should be resolved in favor of the defendant .`
28.
The court majority said that it was guided in its interpretation of eligibility for parole by the ` rule of lenity, ` noting, ` when a statute is susceptible to more than one interpretation, the rule of lenity dictates that any doubt should be resolved in favor of the defendant .`
29.
The rule of lenity is premised on two ideas : first, " ` a fair warning should be given to the world in language that the common world will understand, of what the law intends to do if a certain line is passed "'; second, " legislatures and not courts should define criminal activity ."
30.
But " exercising restraint in assessing the reach of a federal criminal statute " ( which is what the rule of lenity requires, see United States v . Bass, 404 U . S . 336, 347-348 ( 1971 ) ) is quite different from importing extratextual requirements in order to limit the reach of a federal criminal statute, which is what the Court has done here.
