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Frequently Asked Questions

What is the significance of the Senate Comm. on Judiciary, Comprehensive Crime Control Act of 1983 in understanding “crime of violence”?

The Senate Committee on Judiciary's Comprehensive Crime Control Act of 1983 plays a crucial role in understanding the term crime of violence. This Act provides a comprehensive definition of the term, stating that a 'crime of violence' is a felony that involves the use, attempted use, or threatened use of physical force against another person or their property. It also includes any felony that inherently involves a substantial risk that such physical force may be used during its commission. The legislative history of section 924(c) of the Act indicates that Congress intended a categorical approach to the crime of violence language in subsection (3)(B). This means that the term 'crime of violence' is not limited to actual physical harm but also includes threats or attempts of physical harm. For instance, a simple assault or battery threat on another person would fall under this category. Similarly, offenses like burglary, which inherently involve a substantial risk of physical force against another person or property, are also considered 'crimes of violence'.
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