Crimes of Violence Under Federal Law: Johnson, Beckles & Voisine in Perspective

Many aspects of federal criminal law require the court to determine whether the defendant has committed a “crime of violence.” The result of that determination can result in the denial of bail upon arrest for a crime, a dramatically increased sentence upon conviction for a crime, and ineligibility for programs which could result in early release from incarceration. It can also lead to an order of deportation for non-citizens appearing in Immigration Court.

In 2015, in Johnson v. United States, the Supreme Court considered the “residual clause” of the Armed Career Criminal Act which defined a “violent felony” (“crime of violence”) as one which “involves conduct that presents a serious potential risk of physical injury to another.” The Court held that the definition was unconstitutionally vague, both because it required a court to assess the risk of a hypothetical “ordinary case” of a particular crime and because it left uncertain the amount of risk necessary for a crime to qualify as a violent felony resulting in an increased sentence.

However, in 2017, in Beckles v. United States, the Court found that the same language as it appears in section 4B1.2(a)(2) of the Sentencing Guidelines is not subject to a vagueness challenge, because the Guidelines are only advisory and do not fix an applicable range of imprisonment for an offense. Shortly thereafter, in Voisine v. United States, the Court explained that even an offense committed recklessly would qualify as a crime of violence under 18 U.S.C. § 922(g)(9) – which prohibits the possession of firearms by persons convicted of misdemeanor crimes of domestic violence.

This course will address the variety of definitions of a “crime of violence” under federal law, when each definition will apply, how the same phrase could have different meanings and what legal challenges remain in light of Johnson, Beckles, and Voisine. 

1. Identify cases that require a determination of whether the defendant committed a crime of violence
2. Understand the different definitions and their underlying justifications
3. Explore the legal arguments that can be raised in response to each analysis