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Full-Text Articles in Law
The Adam Walsh Child Protection And Safety Act: Legal And Psychological Aspects Of The New Civil Commitment Law For Federal Civil Commitment Law For Federal Sex Offenders , John Fabian
Cleveland State Law Review
The Adam Walsh Act (AWA) became law on July 27, 2006, and is the most expansive and punitive sex offender law ever initiated by the federal government. One aspect of the statute, and the topic of this article, is the civil commitment of federal sex offenders. The AWA civil commitment law has its roots in prior U.S. Supreme Court cases including Kansas v. Hendricks and Kansas v. Crane. While the federal commitment statute is similar to traditional state commitment laws, the AWA does not provide for a finding of "likely" to commit sex offenses. Rather, the statute defines a "sexually …
Resolving The Post-Begay Maelstrom Statutory Rape As A Violent Felony Under The Armed Career Criminal Act, Sarena M. Holder
Resolving The Post-Begay Maelstrom Statutory Rape As A Violent Felony Under The Armed Career Criminal Act, Sarena M. Holder
Cleveland State Law Review
The Armed Career Criminal Act ("ACCA"), enacted in 1984, mandates a minimum fifteen-year sentence for defendants who unlawfully possess a firearm and who also have three prior convictions for violent felonies and/or serious drug offenses. Since its inception, the ACCA has presented a weighty problem: what constitutes a "violent" felony? The United States Supreme Court has made an effort to allay the confusion, most recently in its decision in Begay v. United States, requiring that violent felonies be purposefully violent or aggressive. This Note questions the reasoning of circuit courts that have disallowed statutory rape as a violent felony post-Begay, …