Within the Statute

Within the Statute

Encompassed by, or included under, the provisions and scope of a particular law.

In the U.S. legal system, a person who is charged with violating a statute must have committed actions that are specifically addressed in the law. When a person's actions comport with the language of the law, the actions are said to be "within the statute."

Troublesome questions arise, however, when a statute is too general or not specific enough in providing information on the proscribed acts. For example, Vagrancy laws were used to arrest and detain persons the police believed had or were about to commit crimes. A person could be arrested for having no permanent address or for moving "aimlessly" through the streets. In Papachristou v. Jacksonville, 405 U.S. 156, 92 S. Ct. 839, 31 L. Ed. 2d 110 (1972), however, the U.S. Supreme Court ruled that a Florida vagrancy statute was unconstitutional because it was too vague to be understood. The Court emphasized that a person cannot avoid engaging in criminal conduct, if prior to engaging in it, he cannot determine that the conduct is forbidden by law.

In Criminal Law, the courts apply the rule of lenity to deal with ambiguities in criminal statutes. The general rule is that an Ambiguity in a criminal statute should be resolved in favor of the defendant. Therefore, a court will choose the more lenient interpretation in determining the punishment.

Cross-references

Void for Vagueness Doctrine.

References in periodicals archive ?
Writing on Twitter, Feldman tagged the handle of the LAPD and said: "TIME 2 REOPEN THAT CASE @LAPD I DID REPORT IT WITHIN THE STATUTE, SO NOW IT SHOULD B (sic) ADMISSIBLE RIGHT?
I have since learnt from helpful people on the internet/friends who for some reason don't want to be named/my team of expensive lawyers that how I comported myself back then was inappropriate/hurtful to others/a felony and still within the statute of limitations.
I have since learned from helpful people on the internet/friends who for some reason don't want to be named/my team of expensive lawyers that how I comported myself back then was inappropriate/hurtful to others/a felony and still within the statute of limitations.
Annex 12 plus special services "supervision of remedies within the statute of limitations" - special services relating to "plan management" over all hoai service phases demanded up to the end of the project - special services relating to the "performance of the duties of a ztv engineer.
Under this interpretation, once the first action ends, a second relator theoretically can bring a suit based on the same facts--provided, of course, that the subsequent suit is filed within the statute of limitations.
Even if the claim is brought within the statute of repose, also see if it was brought within the three year (in North Carolina) statute of limitations which begins to run upon date of discovery of the problem.
37) Specifically, the language of the terrorism exception refers to immunity of property "as provided within in this section," indicating the plaintiffs must satisfy another provision within the statute, such as the commercial activity exception.
87) Until the Supreme Court spoke on the issue of laches in copyright infringement suits, the circuits were split as to whether laches was available to bar recovery for claims brought within the statute of limitations.
An attorney for Chloe Goins said after the meeting that his client is the first woman accusing Cosby of sexual misconduct whose case may fall within the statute of limitations.
Only two victims filed complaints within the statute of limitation.
But the refund or credit would be restricted to those tax years and/or payments made within the statute of limitations (SOL) for refunds as of June 26, 2013.
26) Case law shows that the Rehabilitation Act's protections extend to instances of associational discrimination, even though such claims are not expressly stated within the statute.

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