... must set forth each element of the crime that it charges," Almendarez-Torres v. United S... both the overt act and intent elements. Thus, an indictment alleging attempted re- entry ... is probably incorrect, because the definition of attempt has not been nearly as consistent as th...
... community has yet to reach a consensus definition of when aggression might be criminal. Unlike the c... the crime of aggression, focusing on its elements and jurisdictional conditions. The discussions are...
... approach doesn't apply "[w]hen the crime of conviction is missing an element of the generic.... . applies when the particular elements in the crime of conviction are broader than the ge... categorically broader than the generic definition of "burglary of a dwelling" because the 1 Ag...
... ruled that aggravating factors were not "elements of the offense"; they were "sentencing considerati...) that increases the maximum penalty for a crime must be submitted to a jury, 526 U. S., at 243, n.... of an element or elements to the definition of a crime in order to narrow its scope. See, e. ...
Theories of coercion exist across multiple disciplines to explicate the ability of one actor, the coercer, to diminish the free will of another, the coercee, in the absence of overt physical force. A valid claim of coercion places legal blame on the coercer or relinquishes the coercee from legal responsibility for a coerced act or omission. Defining the point at which coercion occurs, however, is the conceptually more difficult task. Recently, coercion has emerged as a significant source of analytic concern in a developing area of the law-contemporary involuntary labor or human trafficking. It is in this setting where coercion is explicitly codified as a fundamental legal element in human-trafficking crimes. However, the laws addressing human trafficking continue to struggle with deline...
... for sexual conduct with a minor, the elements of which are equivalent to sexual abuse of a minor... rape, either of which is an enumerated crime of violence under U.S.S.G. . § 2L1.2... with a minor; classifi cation; definition. . A. Any person commits sexual conduct with...
... for sexual conduct with a minor, the elements of which are equivalent to sexual abuse of a minor... rape, either of which is an enumerated crime of violence under U.S.S.G. . § 2L1.2... with a minor; classifi cation; definition. . A. Any person commits sexual conduct with...
..., and also as an alien convicted of two crimes involving moral turpitude (CIMTs). Hernandez-Cruz ...Noting that the two elements of a generic attempted theft offense are an intent... contains the elements of the federal definition of the crime in question. See Taylor v. United Sta...
... California Penal Code § 422 constitutes a crime involving moral turpitude (or "CIMT"), thus render... of conduct under the statute fits the definition of a crime involving moral turpitude, then any con... state statute to ascertain the elements of the offense. Id. Because the BIA has no special...
... for rendering criminal assistance is a crime related to obstruction of justice and thus constit...The BIA reasoned that because (1) the elements of Washington Revised Code § 9A.76.080 are the sa... was not a categorical match for the definition of the generic obstruction of justice crime provid...
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