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Rule of Lenity

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handcuffs and gavel

The Rule of Lenity: A five-minute guide to navigating the intersection of administrative and criminal law

Erica Marshall May 01, 2017
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It is not often that you think of the terms “criminal defense” and “Chevron deference” in the same sentence. But this is starting to change given the ever-expanding number of quasi-civil and criminal statutes passed by Congress.

Indeed, much of the conduct that we would typically consider to be a violation of a regulation, subject to civil penalties in federal court or in an administrative tribunal, is criminalized in the same statute. And it is usually the government’s decision as to whether the case proceeds civilly or with handcuffs. [Read More]