Monday, May 4, 2009

Grammar Saves the Day for Federal Defendant

As everyone knows, "[w]here a transitive verb has an object, listeners in most contexts assume that an adverb . . . that modifies the verb tells the listener how the subject performed the entire action, including the object." Therefore, the use of the word "knowingly" in the aggravated identity theft statute, which prohibits the knowing use of a means of identification of another person during the commission of certain crimes, requires the government to prove that the defendant knew that the means of identification at issue belonged to another person.

Flores-Figueroa v. United States, http://www.supremecourtus.gov/opinions/08pdf/08-108.pdf.

I was kidding with that "everyone knows" part. But now that we do know, this rule must have many other applications in our Idaho statutes. There are adverbs modifying transitive verbs all over the Idaho Code. Right?

By the way, Grammar Girl's Quick and Dirty Tips for Better Writing is a handy website. That's Grammar Girl pictured above. You can find the website at: http://grammar.quickanddirtytips.com/ I'm going to use it sometime today to figure out that whole transitive verb thing.

On a serious note: The Supreme Court has accepted review in two cases from Florida presenting the question of whether the 8th Amendment bars Life Without Possibility of Parole sentences for juveniles in non-murder cases.

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