[20190717]LSB10128_高等法院驳回了暴力罪定义的规定认为其在宪法上含糊不清.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i High Court Strikes Down Provision of Crime of Violence Definition as Unconstitutionally Vague Updated July 17, 2019 UPDATE: In June 2019, following the publication of this Sidebar, the Supreme Court in United States v. Davis held that the residual clause of the “crime of violence” definition found in 18 U.S.C. 924(c) is unconstitutionally vague. 18 U.S.C. 924(c) imposes enhanced prison sentences on criminal defendants who use a firearm during the commission of a “crime of violence,” and employs a definition of a “crime of violence” that is virtually identical to the one found in 18 U.S.C. 16. Citing Johnson v. United States and Sessions v. Dimaya, the Court ruled that the second prong of 18 U.S.C. 924(c)s definition, which covers a felony “that by its nature, involves a substantial risk that physical force against the person or property of another may be used,” provides no reliable way to determine whether a criminal offense ordinarily carries a substantial risk of force. The government, which acknowledged that 18 U.S.C. 924(c)s second prong was unconstitutionally vague in light of Johns