Friday, September 14, 2012

Holloway v. United States case brief

Holloway v United States- Carjacking “with the intent to cause death or serious bodily harm” is a federal crime
    • Issue: Does carjacking “w/ intent to cause death or serious bodily harm” require the gov’t to merely prove intent to kill or harm if necessary to affect a carjacking?
    • Rule: Congress intended to criminalize both the more typical carjacking carried out by means of a deliberate threat of violence, and the rare case in which the defendant has an unconditional intent to use violence regardless of how the driver responds to his threat.
    • Dissent: The doctrine of conditional intent cannot be reasonably applied across-the-board to the criminal code.

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