| Abstrakt: |
The Court closed its 2018 Term on June 28 with decisions in all but one of the pending criminal justice-related cases. In Sessions v. Dimaya, the Court held unconstitutionally vague the residual clause of 18 U.S.C. § 16, which defines "crime of violence" for many federal statutes and is identical to the statute in this case except that it is not limited to felonies. Gamble argued that the federal crime was the "same offence" as the state crime, despite the Court's opinion in Heath v. Alabama, 474 U.S. 82 (1985), that offenses are not the same if prosecuted by different sovereigns. The Court first concluded that an "offense" is defined by a law, and that law is defined by a sovereign; if two sovereigns proscribe identical conduct, there are two offenses. [Extracted from the article] |
