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Forum nameGeneral Discussion
Topic subjectHallelujah!
Topic URLhttp://board.okayplayer.com/okp.php?az=show_topic&forum=4&topic_id=12793569&mesg_id=12839725
12839725, Hallelujah!
Posted by MME, Fri Jun-26-15 09:38 AM
>" Courts must use the “categorical approach” when
>deciding whether an offense is a violent felony, looking
>“only to the fact that the defendant has been convicted of
>crimes falling within certain categories, and not to the facts
>underlying the prior convictions.”
>
>The Fifth Amendment provides that “o person shall
>. . . be deprived of life, liberty, or property, without due
>process of law.” Our cases establish that the Government
>violates this guarantee by taking away someone’s life,
>liberty, or property under a criminal law so vague that it
>fails to give ordinary people fair notice of the conduct it
>punishes, or so standardless that it invites arbitrary en­
>forcement.