Document Type
Article
Publication Title
Harvard Law Review
Abstract
The Court’s current approach to the ACCA, the categorical approach, makes the best of a bad situation in a manner that is consistent with the Constitution’s requirements. Interpreting the ACCA as narrowly as possible and robustly enforcing the rule of lenity should be the Court’s other touchstones in this area in light of the harsh consequences the ACCA imposes and the vast discretion it gives prosecutors. But ultimately there is only so much the Court can do. It is up to Congress to fix its mistakes and, until it does, we can expect to see more ACCA cases on the Court’s docket.
First Page
200
Volume
133
Publication Date
2019
Recommended Citation
Rachel E. Barkow,
Categorical Mistakes: The Flawed Framework of the Armed Career Criminal Act and Mandatory Minimum Sentencing,
133
Harvard Law Review
200
(2019).
Available at:
https://gretchen.law.nyu.edu/fac-articles/1317
