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SSRN Electronic Journal
Article . 2020 . Peer-reviewed
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Categorical Nonuniformity

Authors: Evans, Sheldon;

Categorical Nonuniformity

Abstract

The categorical approach, which is a method federal courts use to ‘categorize’ which state law criminal convictions can trigger federal sanctions, is one of the most impactful yet misunderstood legal doctrines in criminal and immigration law. For thousands of criminal offenders, the categorical approach determines whether a previous state law conviction—as defined by the legal elements of the crime—sufficiently matches the elements of the federal crime counterpart that justifies imposing harsh federal sentencing enhancements or even deportation for noncitizens. One of the normative goals courts have invoked to uphold this elements-based categorical approach is that it produces nationwide uniformity. Ironically, however, the categorical approach produces the opposite. By examining the categorical approach in different contexts, this Article shows that relying on state criminal elements has produced nonuniformity due to the variations of state law. While scholars are increasingly weighing in, this Article contributes to the literature by applying different theories of uniformity that juxtapose the ideals of nationwide uniformity with the potential benefits of nonuniformity. This novel analysis supports several paths forward, dictated by policy preferences. First, if uniformity is to be prioritized, the elements-based categorical approach must be fundamentally redesigned to properly accomplish this goal. Second, uniformity can be responsibly abandoned by justifying the elements-based categorical approach under a different theoretical framework that acknowledges the benefits of state variation. Finally, other options might prove effective to tailor the categorical approach to the policy goals unique to different statutes, and the possible abolition of the categorical approach altogether.

Country
United States
Related Organizations
Keywords

federal sentencing enhancements, Criminal Procedure, state law, categorical approach, criminal convictions, Criminal Law, Immigration Law, federal law, Legal Studies, Law, Sentencing and Punishment

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
bronze