Abstract

http://ssrn.com/abstract=2346770
 


 



Which Felonies Pose a 'Serious Potential Risk of Injury' for Federal Sentencing Purposes?


Evan Tsen Lee


University of California Hastings College of the Law

Lynn A. Addington


American University - School of Public Affairs

Stephen Rushin


University of Illinois College of Law; University of California, Berkeley - Jurisprudence and Social Policy Program

October 29, 2013

Federal Sentencing Reporter, Vol. 26, No. 2, 2013
UC Hastings Research Paper No. 82

Abstract:     
Both the federal Armed Career Criminal Act and Sentencing Guidelines provide greatly enhanced punishment for defendants previously convicted of felonies that present a "serious potential risk of injury." The Supreme Court has by its own admission struggled to develop a formula for ascertaining which felonies meet this description. Most of the Justices agree that empirical data could be probative of the degree to which various offenses present risk of injury, but no existing study compares frequency of injury across a wide range of offenses. This Article tabulates injury data from a single source, the National Incident-Based Reporting System (NIBRS), with respect to 42 crimes, and makes some recommendations.

Number of Pages in PDF File: 19

Keywords: residual clause, serious risk of injury, violent felony, crime of violence, ACCA, Sentencing Guidelines

JEL Classification: K14, K42

Accepted Paper Series





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Date posted: October 31, 2013 ; Last revised: May 22, 2014

Suggested Citation

Lee, Evan Tsen and Addington, Lynn A. and Rushin, Stephen, Which Felonies Pose a 'Serious Potential Risk of Injury' for Federal Sentencing Purposes? (October 29, 2013). Federal Sentencing Reporter, Vol. 26, No. 2, 2013; UC Hastings Research Paper No. 82. Available at SSRN: http://ssrn.com/abstract=2346770 or http://dx.doi.org/10.2139/ssrn.2346770

Contact Information

Evan Tsen Lee (Contact Author)
University of California Hastings College of the Law ( email )
200 McAllister Street
San Francisco, CA 94102
United States

Lynn A. Addington
American University - School of Public Affairs
Washington, DC 20016
United States
Stephen Rushin
University of Illinois College of Law ( email )
504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
217-244-6015 (Phone)

University of California, Berkeley - Jurisprudence and Social Policy Program ( email )
Berkeley, CA 94720-7200
United States
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