Courts wrestle with whether manslaughter is always violent

Legal Issues

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.

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Nicholas C. Minshew, Attorney at Law, concentrates his practice in the area of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County. Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.

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