Defining “Instance” — The Finale

Defining “Instance” — The Finale


Over a yr in the past, I famous in this put up that the U.S. Superb Court docket had taken up the case of Wood v. United States to unravel what quantities to split “events” within the Armed Profession Felony Act. There may be in style settlement that repeat offenders will have to be handled extra seriously than one-timers, however the difference between repeating and committing a couple of crimes in a single incident occasionally makes for tricky line-drawing. I famous within the earlier put up:

Breaking into 10 other gadgets at a self-storage position is 10 counts of housebreaking beneath Georgia regulation. That turns out affordable, given 10 separate breakings and 10 separate entries to scouse borrow the possessions of 10 separate sufferers. But when they’re achieved one after some other is that 10 other events for the aim of the recidivist statute? That turns out like a stretch.

No longer unusually, the Court docket’s determination as of late was once unanimous within the judgment that counting 10 events for the aim of the ACCA was once an overreach.

There are some attention-grabbing divisions within the concurring evaluations on such wide-ranging topics as the rule of thumb of lenity, the presumption of mens rea, and imputing to Congress an intent to abrogate a specific determination.

The put up Defining “Instance” — The Finale seemed first on Crime & Penalties.



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