[20180417]LSB10120_谋杀计划不是暴力犯罪？ .pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Murderous Schemes Are Not Violent Crimes? April 17, 2018 The U.S. Court of Appeals for the Fourth Circuit (Fourth Circuit) recently held in U.S. v. McCollum that conspiracy to murder is not a violent crime for federal sentencing purposes. The comments of a concurring judge seem to capture the frustration of the panel with the result: “The dissent ends with the lament, Heaven help us. Frankly, I would be satisfied if Congress or the Supreme Court would help us. The law in this area, which Judge Duncan faithfully follows, leads to some seemingly odd results with which I do not think any of us are particularly happy.” The case marks the latest judicial effort to identify what constitutes a crime of violence for purposes of federal law. The task has been complicated by the multiplicity of state statutes that often serve as predicates for federal sentencing enhancements. Congress has made adjustments. For example, it established a general definition to permit uniform application through the federal criminal code, 18 U.S.C. 16. Yet the difficulties persist. The Armed Career Criminal Act (ACCA) is pr