Triggerman: Maintaining the Distinction Between Deliberate Violence and Conspiracy Under the Armed Career Criminal Act

Authors

Elizabeth A. Tippett

Document Type

Note

Abstract

(Excerpt)

This Note argues that conspiracies to commit violent felonies are not violent felonies under § 924(e)(2)(B)(i) because, while criminals may participate in conspiracies in the hopes of accomplishing the underlying offense, conspiracies are distinct crimes and do not categorically have elements of threatened, attempted, or actual use of physical force. Part I of this Note describes relevant legal history behind the ACCA, the applicable law, and the process courts use to determine whether criminals are subject to the fifteen-year mandatory minimum. Part II analyzes the approaches represented in the circuit split. Part III demonstrates how relevant legislative history, case law, and policy considerations indicate that conspiracies to commit violent felonies are not violent felonies under the ACCA. Part III also proposes a rearrangement of factors considered in the categorical approach.