So now the courts are defining what "violent" means?
“So now the courts are defining what “violent” means?”
In that particular statute, yes. That’s what judges are supposed to do: interpret statutes.
The law said (paraphrase to make the point): you have three “violent felonies” and on the forth one, you get this mega-horrid punishment.
Well, let’s say, Defendant X has on his rap sheet: (1) a DUI; (2) assault with a deadly weapon; and (3) murder, then gets busted for some federal crime.
The prosecutor wants to enhance his sentence under this law.
Well, is that 3 “violent felonies” or just 2?
The court decided it was just 2, after reading the law.
That’s the court’s job.