4min chapter

Strict Scrutiny cover image

This Maximalist Conservative Supermajority

Strict Scrutiny

CHAPTER

Aca v. United States

The court relies on something called the categorical approach, which we've talked about before. It means that when courts are asking if a prior conviction qualifies as a crime of violence, they don't ask how any particular defendant committed the crime. The only relevant question is whether the crime at issue always requires the government to prov beyond a reasonable doubt. And because hop's act attempts only require the government to show a substantial step and an intent to unlawfully take or obtain perty, that doesn't have as an element the use of force.

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