 ... penal laws are to be construed strictly is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals, and on the plain principle that the power of punishment is vested in the legislative,...  United States Supreme Court Reports - Página 38por United States. Supreme Court - 1910Vista completa - Acerca de este libro
 | 1909 - 1164 páginas
...principle that the power of punishment is vested In the legislative, not in the judicial, department. It is the Legislature, not the court, which is to define a crime and ordain its punishment. * * * The Intention of the Legislature is to be collected from the words they employ. Where there is... | |
 | Australia. High Court - 1909 - 744 páginas
...But LYONS though penal laws are to be construed strictly, yet the intention of SM'ART "le Ieg'slature must govern in the construction of penal as well as other Statutes, and they are not to be construed so strictly as to defeat the obvious intention of the legislature."... | |
 | United States. Supreme Court - 1988 - 970 páginas
...principle that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the Court, which is to define a crime, and ordain its punishment." United States v. Wiltberger, 5 Wheat. 76, 95 (1820). Thus, the Court has stressed repeatedly that "'"when... | |
 | Abraham Clark Freeman - 1910 - 1276 páginas
...principle that the power of punishment is vested in the legislative, not in the judicial, department. It is the legislature, not the court, which is to define a crime, and ordain its punishment The case must be a strong one indeed which would justify a court in departing from the plain meaning... | |
 | 1911 - 106 páginas
...department of the Government." Chief -Justice Marshall said in United States vs. WiHberger, that " it is the Legislature, not the court, which is to define a crime and ordain its punishment." And yet our Wall Street Mark Tapleys are now rejoicing in the very vagueness of the term " unreasonable,"... | |
 | Theodore Schroeder - 1911 - 452 páginas
...Henry v. Evans, 97 Mo., 47. life or liberty is subject to the strictest interpretation. * * * It is the legislature, not the court, which is to define a crime and ordain its punishment."48 Under "Due Process of Law," Ordronaux says: "Every enactment is not necessarily 'the... | |
 | Theodore Schroeder - 1911 - 448 páginas
...Henry v. Evans, 97 Mo., 47. life or liberty is subject to the strictest interpretation. * * * It is the legislature, not the court, which is to define a crime and ordain its punishment."48 Under "Due Process of Law," Ordronaux says: "Every enactment is not necessarily 'the... | |
 | United States. District Court (Hawaii) - 1911 - 864 páginas
...construed strictly, "though penal laws are to be construed strictly, yet the intention of the legislature must govern in the construction of penal as well as other statutes, and they are not to be construed so strictly as to defeat the obvious intention of the legislature."... | |
 | Arthur Percival Will, Edward William Tuttle - 1912 - 1044 páginas
...ed. 37), that, 'though penal laws are to be construed strictly, yet the intention of the legislature must govern in the construction of penal as well as other statutes, and they arc not to be construed so strictly as to defeat the obvious intention of the legislature.'... | |
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