Violent Crime Posts

Protections of Vagueness Doctrine Regarding Crimes of Violence (18 U.S.C. § 924(c)(3)(B))

Vagueness Doctrine as a Shield for Criminal Defendants: (“[On June 24, 2019], as expected, the Supreme Court invalidated 18 U.S.C. § 924(c)(3)(B). In United States v. Davis, the court declared that the categorical approach is dead, and with it Section 924(c)(3)(B). Justice Neil Gorsuch wrote the opinion for a 5-4 majority (joined by the four more liberal justices), and Justice Brett Kavanaugh wrote the dissent. * * * This case involved the constitutionality of a federal criminal statute — Section 924(c). Section 924(c) makes it a crime to use a firearm during or in relation to a crime of violence, and Section 924(c)(3)(B) (now defunct) defined a crime of violence as ‘any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.'”)

Thoughts on Mandatory Minimums, Violent Gangs, and Rehabilitation by a Federal Judge

This Judge Defends “Unredeemables” Even as He Sends Them to Prison: (“It seemed routine when Judge Jack B. Weinstein issued stiff prison sentences to three young men who had robbed a family at gunpoint in the Cypress Hills Houses in East New York last year. After all, when the men broke into the family’s apartment, there were, in addition to adults, five children inside — all of them 10 years old or younger. The robbers, moreover, had been accused of working with two violent street gangs, which New York law-enforcement officers have been cracking down on — especially in the city’s public housing projects.”)