The U.S. Supreme Court today finished its oral arguments for the current term, which began on the first Monday of last October. The court heard Quarles v. United States, No. 17-778, yet another case on how to handle the varying definitions of crimes in our 50 states for the purpose of the federal Armed Career Criminal Act. The transcript is here.
Does a person have a prior conviction of "burglary" for the ACCA when he was convicted under a law that defines mental element of burglary as either intending to commit a crime at the time of entry (the common law definition) or alternatively forming that intent after entry (as many states allow)? Note that a person who actually committed the common law crime would still get off if the court requires the narrower definition, because under the "categorical approach" it is only how the crime is defined, not what the perpetrator actually did, that counts.
The other criminal case argued today is Rehaif v. United States, No. 17-9560. The transcript is here. In prosecuting a person for possession of a gun by an illegal alien, does the government have to prove he knew he was illegal? The result in this case will likely apply to felon-in-possession cases as well.
The defense has a stronger argument here than in most criminal cases, in my opinion. Legal status makes the difference between a severely punished crime and an act that is not only innocent but a constitutional right. In cases where status is not obvious, we could be severely punishing people who did not intend to do anything wrong, i.e. had no mens rea. That we should avoid.
The more difficult problem, as Justice Ginsburg questions on page 11, is what we would do about all the people convicted in trials where knowledge of status was not proved because the law at the time did not require such proof. In most cases, it would have been easily proved at the time because status is usually obvious. A potential windfall for a great many guilty criminals is a possibility. If the defendant wins, that problem will have to be dealt with.
From now through the end of May, expect decisions on Mondays and the day after Memorial Day (a virtual Monday).
Leave a comment