Courts wrestle with whether manslaughter is always violent

Criminal Law

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

  • Outside team to assist Albuquerque police internal affairs

    Outside team to assist Albuquerque police internal affairs

    Criminal Law 02/16/2021

    The city of Albuquerque and the U.S. Department of Justice have proposed a plan to temporarily assist Albuquerque Police Department internal affairs investigators.An outside team is expected to correct issues as they arise and train detectives on how...

  • Thai court gives record 43-year sentence for insulting king

    Thai court gives record 43-year sentence for insulting king

    Criminal Law 01/21/2021

    A court in Thailand on Tuesday sentenced a former civil servant to a record prison term of 43 years and six months for breaching the country’s strict law on insulting or defaming the monarchy, lawyers said.The Bangkok Criminal Court found the w...

  • Justices rule Muslim men can sue FBI agents over no-fly list

    Justices rule Muslim men can sue FBI agents over no-fly list

    Criminal Law 12/11/2020

    A unanimous Supreme Court ruled on Thursday that Muslim men who were placed on the government’s no-fly list because they refused to serve as FBI informants can seek to hold federal agents financially liable.The justices continued a string of de...

Is Now the Time to Really Call a Special Education Lawyer?

IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child. Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.