Borden v. United States (U.S. Supreme Court, June 2021)
ACCA, Firearm Offenses, Recent SCOTUS Cases, Sentencing, Supreme Court Opinions
|In a 5-4 opinion, the Supreme Court held that prior convictions for offenses that only require a mens rea of “recklessness” cannot serve as predicate convictions under the “elements clause” of the Armed Career Criminal Act. The Court reasoned that the language requiring that an offense involved the use of force “against the person of another,” reflected that the perpetrator must act purposefully and intentionally.