Summary

Portrait of Antonin Scalia Antonin Scalia Green v. Bock Laundry Machine Company…

The implications of the majority's opinion today require every lawyer who relies upon a Federal Rule of Evidence, or a Federal Rule of Criminal, Civil, or Appellate Procedure, to look beyond the plain language of the Rule in order to determine whether this Court, or some court controlling within the jurisdiction, has adopted an interpretation that takes away the protection the plain language of the Rule provides.
Source: Wikisource

Portrait of Antonin Scalia Antonin Scalia Green v. Bock Laundry Machine Company…

As noted by the majority, ante, at 510-511, the Rule's use of the word "defendant" creates inescapable ambiguity. The majority concludes that Rule 609 (a) (1) cannot mean what it says on its face. Ante, at 511. I fully agree.
I fail to see, however, why we are required to solve this riddle of statutory interpretation by reading the inadvertent word "defendant" to mean "criminal defendant." I am persuaded that a better interpretation of the Rule would allow the trial court to consider the risk of prejudice faced by any party, not just a criminal defendant.
Source: Wikisource

Get perspective with Kwize: daily news enlightened by great literature