Johnson v. United States – Post-Decision SCOTUScast
SCOTUScast 03-23-2010 featuring Kevin Govern
On March 2, 2010, the Supreme Court announced its decision in Johnson v. United States. The question in this case was whether a prior state conviction for battery was a "violent felony" under the Armed Career Criminal Act, where battery under the state law at issue includes any unconsented touching. In a 7-2 decision delivered by Justice Scalia, the Court held that it does not because the Armed Career Criminal Act defines a violent felony as one that has as one of its elements the use of "force." The Court ruled that a state law that criminalizes unconsented touching includes some conduct that does not involve force, and thus force is not an element of the offense as required by the Armed Career Criminal Act.
To discuss the case, we have Ave Maria School of Law Assistant Professor Kevin Govern.
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Professor Govern began his legal career as an Army Judge Advocate, serving 20 years during peacetime and war in assignments that spanned the world. He has also served as an Assistant Professor of Law at the United States Military Academy and has taught at California University of Pennsylvania. Professor Govern has published widely and spoken frequently on international and comparative law, national security and homeland security law, military operations, and professional ethics.