Wilson - The Lost in the Shuffle Post

Once CAAFlog posts his thoughts on Wilson you can discard this footnote to the case from your short term memory. Here goes . . .

After reading Judge Ryan wax philosophically for 24 pages and Chief Judge Effron write 11 pages on a topic with which no one could be more familiar than he, Judge Baker's 5 page dissent in Wilson seems out of place. Yet, it is perfect in its simplicity, especially after reading the prior two works of art.

Essentially, Judge Baker argues that if great minds can differ so greatly regarding the key issue of whether a statutory-regulatory scheme assigns a particular intent level to the elements of an offense (and elements they are my friend!), ought we not use the rule of lenity and construe the ambiguous criminal statute in favor of the accused . . . until the President of Congress fix the ambiguity? While Judge Baker had me at Apprendi, the simple writing style in this dissent (no woodland creatures, ocean adventures, or Dolly Sods here) really hits the mark. Reasonable minds might differ on the substance of the issue in the case, but it is hard to argue with Judge Baker's logic that the tie goes to the guy whose liberty is one the line (though I note for posterity that this accused only got an SPCM, big chicken dinner, and 80 days confinement out of this case).