Legislative drafting error: Difference between revisions

Revision as of 18:55, 6 December 2010

Revision as of 10:52, 21 May 2011

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'''Drafting error'''s sometimes occur in legislation. Usually these errors are minor, such as incorrect incorrect punctuation or capitalization, and the meaning is unaffected. But sometimes the matter is more substantive.

Commonly, the error will have something to do with cross-referencing of statutes. For instance, the U.S. statutes pertaining to probation had a drafting error which caused the section about revocation of probation for failing to submit to a drug test to incorrectly reference a section about domestic violence.<ref>{{cite court|litigants=United States v. Coatoam|date=2001|court=CA6 Ohio|vol=245|reporter=F3d|opinion=553|url=http://openjurist.org/245/f3d/553/united-states-of-america-v-walter-coatoam}}</ref> By clerical error, the law also omitted an accurate reference to community confinement.<ref>{{citation|url=http://www.ussc.gov/2004guid/7b1_3.htm|title=USSG 7B1.3, Footnote to Application Note 5|year=2004}}</ref><ref>{{cite court|litigants=United States v. D'Amario|date=2005|court=CA1 RI|vol=412|reporter=F3d|opinion=253}}</ref> However, in both cases, courts upheld Congressional intent.