State v. Cummings

Most of the time, the words we choose have some imprecision in conveying our intended meaning (assuming we’ve thought enough about the matter to have a clear intended meaning).

An oft-used example in law schools is a statute forbidding vehicles in a park. Certainly cars can’t be driven there, but what about a golf cart? Or a Segway? It depends upon what vehicle means.

This sort of imprecision is especially important when we give juries the instructions they must follow. The instructions must be sufficiently precise that they accurately tell the jurors the key concepts that must guide their…