NCJ Number
129385
Date Published
1991
Length
45 pages
Annotation
This chapter uses the law of arson, burglary, and kidnapping as a starting point for examining the problems of statutory construction and drafting.
Abstract
Two court cases introduce the common law crimes of arson and burglary. Given that the majority analyses in the two cases are inadequate, they are intended as tools for the reader/student to draft dissenting or concurring opinions for each case. Case notes update the statutory modifications of the common law crimes. A note on kidnapping traces the history of the offense from common law through the statutory constructions that made it a serious crime. A discussion of the problems of statutory construction explores the way in which courts construe statutes and the kinds of arguments they make when the "plain meaning" is not plain enough. After an introductory case, the chapter considers the problems of interpreting the meaning of words in context through analysis and legislative history. The search for broad legislative purpose in statutory interpretation is then considered. The chapter concludes with a case illustration of the lengths to which a court may go in stretching the meaning of a statute as a judge explains how the killing of an injured pony becomes a crime under a law that prohibits the killing of small birds. Sample cases and study questions