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LSDefine

Simple English definitions for legal terms

strict construction

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A quick definition of strict construction:

Strict construction is a way of reading and understanding laws. It means that judges should only use the exact words written in the law to make decisions. They should not try to guess what the lawmakers meant or add their own ideas. This is different from liberal construction, where judges can use their own ideas to interpret the law. In criminal cases, strict construction is especially important because it helps make sure that people are not punished for things that are not clearly against the law.

A more thorough explanation:

Strict construction is a way of interpreting laws. It means that judges should only apply the exact words of a law, without considering other possible meanings. This is the opposite of liberal construction, which allows judges to consider the overall purpose of a law when interpreting it.

In criminal law, strict construction is especially important. This is because of the rule of lenity, which says that if a law is unclear, it should be interpreted in favor of the defendant. By using strict construction, judges can make sure that defendants are not punished for things that are not clearly illegal.

For example, let's say there is a law that says "it is illegal to carry a weapon in a government building." If someone is caught carrying a knife in a courthouse, a strict constructionist judge would say that the person is guilty, because a knife is a weapon and a courthouse is a government building. A liberal constructionist judge might say that the law was meant to prevent people from bringing guns into government buildings, and that carrying a small knife for self-defense should not be illegal.

Streets and highways - State statutes | Strict Liability

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