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Supreme Court rules 'crime of violence' law is unconstitutionally vague
UPI ^ | june 24, 2019

Posted on 06/24/2019 3:54:18 PM PDT by SMGFan

- A divided Supreme Court ruled Monday that a federal law requiring longer prison sentences for using a gun during a "crime of violence" is unconstitutionally vague.

The court voted 5-4 stating the law "provides no reliable way" to determine which offenses qualify as crimes of violence. Justice Neil Gorsuch wrote the majority opinion on behalf of Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan.

"In our constitutional order, a vague law is no law at all," Gorsuch wrote. "Only the people's elected representatives in Congress have the power to write new federal criminal laws. And when Congress exercises that power, it has to write statutes that give ordinary people fair warning about what the law demands of them."

The case presented to the Supreme Court involved two men -- Maurice Davis and Andre Glover -- who were convicted of several robbery charges and another federal statute that required increased mandatory minimum sentences for a "crime of violence."

Under the law, they would have faced a mandatory sentence of five years, with the possibility to increase it to seven years if a gun was brandished and 10 years if a gun was fired.

Gorsuch's opinion stated that Congress should have explicitly included criminal convictions such as robbery in the statute if it was meant to be applied to them.

Justice Brett Kavanaugh wrote a dissenting opinion, labeling the ruling an "extraordinary event" and warned the impact could be "severe" and possibly "thwart Congress' law enforcement policies, destabilize the criminal justice system and undermine safety in American communities"

(Excerpt) Read more at upi.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government
KEYWORDS: 2ndamendment; andreglover; banglist; brettkavanaugh; elenakagan; maga; mauricedavis; neilgorsuch; nra; rbg; ruthbaderginsburg; scotus; secondamendment; soniasotomayor; stephenbreyer
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Gorsuch + the 5 liberals.
1 posted on 06/24/2019 3:54:18 PM PDT by SMGFan
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To: SMGFan

Until one of them gets a bullet...


2 posted on 06/24/2019 3:56:26 PM PDT by miss marmelstein
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To: SMGFan

I agree with this decision.

Rob a store go to jail.

It should matter whether the thief uses a gun or breaks in after hours.


3 posted on 06/24/2019 3:59:05 PM PDT by Fai Mao (There is no rule of law in the US until The PIAPS is executed.)
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To: miss marmelstein

I did a search , the previous post has “unconstitutionally g “ headline . /s


4 posted on 06/24/2019 4:00:50 PM PDT by SMGFan ("God love ya! What am I talking about")
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To: SMGFan

Using a gun isn’t self-evident of an act of violence?

Hmmm, trying to figure out how discharging a weapon in an uncalled for circumstance doesn’t elevate the crime to one of an act of violence, even if no one is shot.

If anyone is injured, it would be a crime of violence.

At any rate, that’s how I see it.


5 posted on 06/24/2019 4:00:51 PM PDT by DoughtyOne (This space for rent...)
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To: SMGFan

that should have vague


6 posted on 06/24/2019 4:01:31 PM PDT by SMGFan ("God love ya! What am I talking about")
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To: SMGFan
"Only the people's elected representatives in Congress have the power to write new federal criminal laws. And when Congress exercises that power, it has to write statutes that give ordinary people fair warning about what the law demands of them."

I sure hope he has the same view when it comes to Federal Regulations.

ML/NJ

7 posted on 06/24/2019 4:01:34 PM PDT by ml/nj
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To: SMGFan

would that the Stupid SOCTUS could make a distinction regarding “hate crime’


8 posted on 06/24/2019 4:01:55 PM PDT by A strike (import third world. become third world)
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To: Fai Mao

It’s Congress’ fault though that our laws are vague. A lot of the Federal Register wouldn’t be necessary if our laws weren’t so vague in the first place.


9 posted on 06/24/2019 4:02:04 PM PDT by scrabblehack
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To: DoughtyOne

I think that there is a traditional category called “armed robbery” that already captures that one.


10 posted on 06/24/2019 4:04:19 PM PDT by Hieronymus ("I shall drink--to the Pope, if you please,-still, to Conscience first, and to the Pope afterwards.")
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To: SMGFan

Feds have no business charging robberies anyway, IMO. They should be specifically a state matter. They have perverted the commerce clause into creating a multitude of federal crimes that should be handled at the state level.


11 posted on 06/24/2019 4:07:20 PM PDT by gopno1
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To: Fai Mao

I agree we have a problem with ‘piling on’ - extraneous charges to make the consequences higher, & maybe make it easier to get a plea deal.

On the other hand, committing a robbery is one crime. If you injure or kill the victim physically in the act the consequences should certainly be higher. A tough one to call.


12 posted on 06/24/2019 4:07:38 PM PDT by Twotone (While one may vote oneself into socialism one has to shoot oneself out of it.)
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To: SMGFan

Next to go - “hate crmes”......


13 posted on 06/24/2019 4:09:16 PM PDT by Intolerant in NJ
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To: Hieronymus

I do have a problem with some of these special classification crimes like ‘hate crimes’.

If you’re shooting someone, does it matter why? If they die, it’s murder. If they don’t, it’s attempted murder.

The penalties for that should be sufficient.

Seems to me this one was always twisted so that certain groups could never be charged with a ‘hate crime’, so it became a racial issue all on it’s own.

Best to stay away from things like that.


14 posted on 06/24/2019 4:11:11 PM PDT by DoughtyOne (This space for rent...)
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To: DoughtyOne

To be fair, the gun does not have to be discharged or even displayed during the crime to fall afoul of this law. It on;y has to be present.

I’m of two minds on this decision - on the one hand, the law does cut down on thuggery to a small degree. On the other hand, people have been charged and sentenced unfairly under this law too. Remember, “crime of violence” is not defined and some states interpret “crime of violence” as anything down to “destruction of property” - i.e., accidentally mowing down a mailbox with your car.


15 posted on 06/24/2019 4:11:33 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: SMGFan

Gorsuch may not know it, but one benefit of this law was that the feds could prosecute criminals in Lahood when the locals, including judges, simply will not, due to their ‘social justice’ crusade.

Lots of criminals are celebrating tonight.


16 posted on 06/24/2019 4:13:03 PM PDT by BobL (I eat at McDonald's and shop at Walmart - I just don't tell anyone.)
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To: Hieronymus

There is also the charge of “felon in possession of firearm” which is one of the most underutilized charges but carries up to 10 years in jail and $100K in fines as penalties, IIRC.


17 posted on 06/24/2019 4:14:02 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: BobL

Felon in possession is still a Federal crime and is what should have been charged.


18 posted on 06/24/2019 4:14:41 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: Spktyr

Thanks. I’m sure there are other instances of mis-characterization too.


19 posted on 06/24/2019 4:16:26 PM PDT by DoughtyOne (This space for rent...)
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To: SMGFan

We hold this truth to be self-evident, if a weapon is brandished or worse, it’s a crime of violence. Duh!


20 posted on 06/24/2019 4:20:43 PM PDT by NonValueAdded (#Dregs #DeplorableMe #BitterClinger #HillNO! #cishet #MyPresident #MAGA #Winning #covfefe #BuildIt)
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