Court, Felony, Mens Rea and Misdemeanor

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No sentencing enhancements for recklessness convictions under federal Armed Career Criminal Act

SCOTUSBlog

JUNE 24, 2021

United States , the Supreme Court analyzed the Armed Career Criminal Act ’s force clause or elements clause. Under the ACCA, a person who has three violent felony convictions and is then convicted of possessing a firearm faces a mandatory minimum sentence of 15 years. The case came to the court after Charles Borden Jr.

Mens Rea

Mens Rea Felony Statute Misdemeanor

No Walk in the Park: JAMA Editorial Calls for More Park Prosecutions; We Disagree

FDA Law Blog

SEPTEMBER 22, 2022

An interesting historical sidenote is that if one looks at the official Park decision from the Supreme Court, one will find our own Paul Hyman who was one co-author of the amicus curiae briefs. Therefore, as a matter of proof, DOJ can obtain a misdemeanor conviction even when a jury acquits on a felony.

Misdemeanor

Misdemeanor Mens Rea Felony Government

Paralegal Brief

No sentencing enhancements for recklessness convictions under federal Armed Career Criminal Act

No Walk in the Park: JAMA Editorial Calls for More Park Prosecutions; We Disagree

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