Articles Tagged with “Armed Career Criminal Act”

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Legislators like to punish repeat offenders. That’s just good politics – “Mike Sloss puts repeat offenders behind bars” sounds better than “Mike Sloss has a balanced policy on recidivism” when put on a bumper sticker.

So it isn’t surprising that the Armed Career Criminal Act, located at 18 U.S.C. S 924(e)(1), jacks up the penalties for a person convicted of being a felon in possession of a firearm if the person who is convicted has at least three prior convictions for drug dealing or a violent crime.

In a nod to fairness, though, Congress does require that those prior convictions be committed “on occasions different from one another.”

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It makes sense to give someone a longer sentence if they’re a violent person. And it makes sense to think that if someone has a prior conviction for a violent crime they are more likely to be a violent person. But it is massively difficult to turn that into a rule that can apply to the thousands of federal criminal cases across the country.

As a result, criminal history calculations may be the most technical part of federal sentencing practice. Yet scores of years hang on these technicalities.

Contemplation-of-Justice200387222-001

This statue is of a person trying to figure out the federal statutory definition of a crime of violence

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