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" ... 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 42
por United States. Supreme Court - 1910
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Locomotive Engineers Journal, Volumen47

1913
...settled 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 are not to be construed so strictly as to defeat the obvious intention of the legislature.'...
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Legislation to revise and recodify Federal criminal laws: hearings before ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice - 1978
...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" Justice Harían explained the proper application of the principle. "The maxim is not to be so applied...
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Sentencing Guidelines: Hearings Before the Subcommittee on Criminal Justice ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice - 1988 - 983 páginas
...principle thai 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"). 65. SH H. PACKER. THI LIMITS OF CRIMINAL SANCTION 93-95 (!968). 66 Sir Simpson v. United States, 435...
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Intellectual Property and the National Information Infrastructure: The ...

Bruce A. Lehman, United States. Information Infrastructure Task Force. Working Group on Intellectual Property Rights - 1995 - 257 páginas
...could envision ways that the copyright law could be modified to permit such prosecution. But, "[i]t is the legislature, not the Court which is to define a crime, and ordain its punishment." Therefore, the Working Group generally supports the amendments to the copyright law and the criminal...
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NII Copyright Protection Act of 1995: Joint Hearing Before the Subcommittee ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property - 1996 - 151 páginas
...could envision ways that the copyright law could be modified to permit such prosecution. But, "[i]t is the legislature, not the Court which is to define a crime, and ordain its punishment." S. 1122 would close this loophole by amending the Copyright Act to make it a criminal offense to willfully...
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Copyright Piracy, and H.R. 2265, the No Electronic Theft (NET) Act: Hearing ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property - 1998 - 165 páginas
...can envision ways that the copyright law could be modified to permit such prosecution. But, "[i]t is the legislature, not the Court which is to define a crime, and ordain its punishment." [citation omitted]. 871 F. Supp. at 545. The LaMacchia decision has impeded the Department's ability...
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Federalism: Hearings Before the Committee on Governmental Affairs, United ...

United States, United States. Congress. Senate. Committee on Governmental Affairs - 1999 - 433 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,111 When courts liberally construe criminal statutes without such direction, they are assuming...
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Federalism: Hearings Before the Committee on Governmental Affairs, United ...

United States, United States. Congress. Senate. Committee on Governmental Affairs - 1999 - 433 páginas
...principle that the power of punishment tsvtsted In the legislative. not in the judicial department. It is the legislature, not the court, which is to define a crime, and ordain us punishment."* When courts liberally construe criminal statutes without such direction, they are...
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Application of the RICO Law to Nonviolent Advocacy Groups: Hearing Before ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime - 2000 - 183 páginas
...interpretation' appropriate," citing US v. WUtberger, 5 Wheat. 76, 95 (1820) (Marshall, CJ) ("It is the legislature, not the court, which is to define a crime, and ordain its punishment"). See, D. Shapiro, supra , 67 NYULRev. 921, 935-36 (1992). At the behest of plaintiffs, the district...
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"Obscene" Literature and Constitutional Law: A Forensic Defense of Freedom ...

Theodore Albert Schroeder - 1911 - 439 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. ... To determine that a case is within the intention of a statute its language must authorize us to...
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