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SCOTUS Announces Knowingly or Intentionally Causing Bodily Injury or Death by ‘Omission’ Necessarily Involves ‘Use’ of ‘Physical Force’ for Purposes of § 924(c)
The Supreme Court of the United States held that knowingly or intentionally causing bodily injury or death by failing to take action—that is, by omission—uses physical force for purposes of the elements clause of § 924(c).
Background
Salvatore Delligatti was an associate of the Genovese crime family in New York City. ...
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More from this issue:
- Arguing Successful Federal Habeas Corpus Claims, by Dale Chappell
- Policing the Vulnerable: The Criminalization of Disability, by Casey Bastian
- Los Angeles Criminal Legal System Undermined by Months of Faulty DNA Testing, by Jo Ellen Nott
- Fourth Circuit: District Court Failed to Provide Sufficient Explanation for Sentence Imposed and Did Not Address Defendant’s Arguments for Downward Variant Sentence, by David Reutter
- Maryland Reforms Offer Second Chances on Expungement and Parole, by Jo Ellen Nott
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- First Circuit Announces What Constitutes ‘Otherwise Using’ a Dangerous Weapon for Purposes of the Four-Level Enhancement Under Guidelines § 2B3.1(a), by Sagi Schwartzberg
- Car Subscriptions: Another Means of Mass Surveillance by Law Enforcement, by David Kim
- The Crushing Toll of Ohio’s Death Penalty: A Billion-Dollar Failure, by David Kim
- Illinois Supreme Court: Use of Flashlight by Police to See Through Small Gap in Chained and Padlocked Kitchen Cabinet Doors Constitutes ‘Search’ Under Fourth Amendment, by Jeffrey Cohen
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- Fourth Circuit: Procedurally Unreasonable Sentence Where District Court Failed to Address Defendant’s Non-Frivolous Downward Variance Argument Based on Sentencing Disparity Due to Which State’s Statute Prior Conviction Based Upon, by Anthony Accurso
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- Bipartisan Legislative Wins in Virginia and Utah Expand Job Opportunities for Formerly Incarcerated Individuals, by Jo Ellen Nott
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- Fingerprints as New Drug-Detection Method, by James Mills
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- ‘Sexome’ Bacteria Offers New Path to Justice in Sexual Assault Cases Where DNA Is Not Present, by Jo Ellen Nott
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- News in Brief
More from David Kim:
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- The Arrival of REAL ID: National ID Cards and Internal Passports in America, Aug. 1, 2025
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- SCOTUS Announces ‘Economic Loss’ Not Required to Violate Federal Wire Fraud Statute, July 1, 2025
More from these topics:
- After Florida Appellate Court Holds Crimes of ‘Attempt’ Eligible for Incentive Gain Time, Supreme Court Refuses Review, Jan. 15, 2025. U.S. Sentencing Guidelines, Conspiracies, Attempts, Solicitations, Attempts/Incomplete Acts, Credits, Sentences - Adjustments and Departures.
- Tenth Circuit Announces Assault Conviction Under 18 U.S.C. § 113(a)(6) Not a Qualifying Predicate ‘Crime of Violence’ for Purposes of USSG § 2K2.1(a)(3), July 15, 2024. U.S. Sentencing Guidelines, Physical Force, Use of, Predicate Acts/Offenses.
- Oregon Supreme Court Announces Overruling of Precedent on ‘Attempted Transfer’ of Drugs, Jan. 15, 2024. State Statutes, Possession in Furtherance of Drug Offense, Conspiracies, Attempts, Solicitations, Attempts/Incomplete Acts, Substantial Step Towards Completion, Completion of All Acts.
- Seventh Circuit Vacates Federal Drug Conspiracy Conviction Because District Court Failed to Ensure Defendant Understood ‘Agreement’ Element of Conspiracy and Failed to Ensure Factual Basis for Guilty Plea, April 15, 2023. Procedural Default/Error, Conspiracies, Attempts, Solicitations, Knowingly and Voluntarily Made.
- QAnon and Some Cops Are Bedfellows, Oct. 17, 2020. Conspiracies, Attempts, Solicitations.
- U.S. v. Castleman, No. 12-1371 (U.S. Supreme Court) (572 U.S. 157; 134 S.Ct. 1405) (March 26, 2014) (Justice Sotomayor), April 28, 2014. Punch And Jurists, Physical Force, Use of.
