Wednesday, April 24, 2019

Begay v. United States Case Study Example | Topics and Well Written Essays - 750 words - 1

Begay v. United States - Case Study ExampleThe main question in the grammatical case was to demo what kind of crimes fall nether the category of gaga crimes enumerated under the ACCA (1984). In this determination, the court had to take a shit whether reckless driving or driving while intoxicated as proscribed by the immature Mexicos DUI law could constitute a violent felony in the auspices of the ACCA (1984). In overall, the court had to establish the extent to which a commission of an act threatening the consequence of injury to another psyche roll in the hay be treated as a violent crime under ACCA (1984).The Supreme Court under the guidance of Justices Roberts C.J., Stevens Kennedy, Ginsburg J.J. and Scalia J held that driving under the influence of alcohol is not a violent felony as envisioned in The Armed Career Criminal Act (1984). The court further held that the most real question is not on how the defendant had engaged in previous crimes but on how the codified defin es the crime of violent felony. The court was of the opinion that regardless of the risk of injury posed to another person or group of persons, the crime in itself is milder to the example of crimes covered under the ACCA.In arriving at the higher up decision, the Supreme Court justices considered a strict interpretation of the New Mexicos Driving While inebriated (DWI) offense in relation to the benchmarks provided for under the ACCA. The court was convinced that New Mexicos DWI is not in the ordinary sense a violent felony when interpreted alongside the ACCA residual clause which only encompasses violent and active property crimes that are characteristic of violent criminals, which become more dangerous when committed with a firearm. Begay succeeded in his inclination to convince the court that this definition excluded DWI felony as enumerated under the New Mexico Criminal Statute.The argument by Begays defense that a violent felony

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