Courts wrestle with whether manslaughter is always violent

Family Law

Once annually, sometimes less, the full federal appeals court in New York meets to confront a perplexing legal question. Most recently, it was to decide whether shooting somebody point-blank in the face and stabbing somebody to death are violent acts.

The 14 judges of the 2nd U.S. Circuit Court of Appeals in Manhattan who heard arguments in U.S. v. Gerald Scott were left to decide how to label the 1998 killings that they agreed were “undoubtedly brutal.”

Ultimately, the full court voted 9-to-5 this week to conclude that Scott’s crimes were indeed violent. But their votes came with a robust debate over a legal puzzle that has vexed multiple federal courts ? even if, they agreed, the answer might seem like common sense.

A lower-court judge had decided that Scott’s convictions' on manslaughter charges ? meant he had not been convicted of a violent crime. He was freed after serving just over 11 years of a 22-year sentence.

The decision did not shock judges who considered the appeal in November in a unique gathering known as an “en banc” meeting of the full 2nd Circuit.

That’s because two laws at stake ? the Armed Career Criminal Act and the Career Offender Sentencing Guideline ? do not define a violent crime by what the defendant actually did. Instead, the crime is defined by the minimum acts someone might have committed and still been convicted of the offense.

In Scott’s case, the lower court judge concluded that manslaughter can be a crime of omission in which no force is used ? if somebody fails to feed someone who dies of starvation or fails to tell someone that their food is poisoned, for example.

A three-judge 2nd Circuit panel later agreed, prompting federal prosecutors to seek the rare full-court proceeding to try to overturn the appeals finding.

The issue had been confronted before in at least two other “en banc” proceedings nationwide and by numerous judges in other court hearings. Still, in various opinions issued Tuesday, the judges in Scott’s case allowed that the question might sound odd to a layperson.

Related listings

  • Court halts another Texas execution over disability claims

    Court halts another Texas execution over disability claims

    Family Law 02/04/2021

    A Texas appeals court has delayed a second execution this year to review claims that an inmate is intellectually disabled and thus ineligible for the death penalty.The Texas Court of Criminal Appeals on Wednesday granted a request by attorneys for Ed...

  • Attorney General MacDonald confirmed as supreme court chief

    Attorney General MacDonald confirmed as supreme court chief

    Family Law 01/22/2021

    Attorney General Gordon MacDonald was confirmed Friday as chief justice of the New Hampshire Supreme Court, 18 months after he was initially rejected for the position.Republicans won a 4-1 majority on the Executive Council in November, ousting Democr...

  • Court allows public nuisance suits against 3 Alabama casinos

    Court allows public nuisance suits against 3 Alabama casinos

    Family Law 09/26/2020

    Courts in two rural counties were wrong when they dismissed lawsuits filed by the state seeking to have three casinos declared public nuisances, the Alabama Supreme Court ruled Friday.The decision meant the state can resume cases challenging operatio...

USCIS to Begin Accepting Applications under the International Entrepreneur Rule

U.S. Citizenship and Immigration Services (USCIS) announced today it is taking steps to implement the International Entrepreneur Rule (IER), in accordance with a recent court decision. Although the IER was published during the previous administration with an effective date of July 17, 2017, it did not take effect because the Department of Homeland Security (DHS) issued a final rule on July 11, 2017, delaying the IER’s effective date until March 14, 2018. This delay rule was meant to give USCIS time to review the IER and, if necessary, to issue a rule proposing to remove the IER program regulations.

However, a Dec. 1, 2017, ruling from the U.S. District Court for the District of Columbia in National Venture Capital Association v. Duke vacated USCIS’ final rule to delay the effective date. The Dec. 1, 2017, court decision is a result of litigation filed in district court on Sept. 19, 2017, which challenged the delay rule.

Business News

Eugene, OR Criminal Defense DUII Attorney MJM Law Office was founded to provide clients with representation in Criminal Defense. >> read