Courts wrestle with whether manslaughter is always violent

National News

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

    National News 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

    National News 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...

  • Justices order review of Colorado, New Jersey worship limits

    Justices order review of Colorado, New Jersey worship limits

    National News 12/15/2020

    The Supreme Court on Tuesday ordered lower federal courts in Colorado and New Jersey to reexamine state restrictions on indoor religious services to combat the coronavirus in light of the justices’ recent ruling in favor of churches and synagog...

CHICAGO BUSINESS & CORPORATE LITIGATION LAWYERS

When faced with a legal challenge, your attorneys should help you identify your goals at the beginning of the process. Thereafter, every action that follows must be undertaken with the aim of meeting those goals. Wasted effort equals wasted time and money, that’s something you cannot afford and your attorneys must respect this concept. At Roth Law Group, we counsel our clients to confront their legal challenges aggressively, but with purpose.

As a former Marine Corps Pilot, I learned that you must assess the situation, determine your mission, construct a plan to achieve the mission and execute that plan. As an attorney and small business owner, I apply the same concepts in taking on my client’s legal challenges. And while it is generally preferable to resolve cases early in the process whenever possible, if you have no choice but to fight, you need someone who is willing to aggressively advocate for you. Here at Roth Law Group, we never back down from a challenge and we fight to win. Let our experienced attorneys put you in control of your legal challenges so you can get back to running your business.

Business News

Clayton, MO Federal Criminal Defense Attorney The Law Offices of John M. Lynch, LLC, provides strong representation for clients with federal criminal defense. >> read