Penal statute
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 8 U.S. 347 - Peisch v. Ware · 1808Most cited · 77 citing opinions
forfeiture only when means of compliance exist
But it is unquestionably a correct legal principle, that a forfeiture can only be applied to those cases in which the means that are prescribed for the prevention of a forfeiture may be employed.
How the Supreme Court has restated “Penal statute”
Each Supreme Court definition of “Penal statute,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “Penal statute”
Court decisions citing the 4 opinions that defined “Penal statute” — 187 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 4 definitions, chronological · 1808–1850
MARSHALL, Ch. J. stopped the counsel, and observed that the court would never consider the penal act as applying to previous facts, unless such construction be absolutely unavoidable.
not applied retroactively
As this is a penal section, it must be construed strictly.
strict construction
In the construction of a penal statute, it is well settled, also, that all reasonable doubts concerning its meaning ought to operate in favor of the respondent... It would be highly inconvenient, not to say unjust, to make every doubtful phrase a drag-net for penalties.
strict construction