Is There a Crime of Violence?

Justice. Thomas says we have simply created this categorical approach when we didn't need to. Justice gorsich's answer is, let me read you the statute again. It says have as an element brit a use, attempted use or threatened use of physical force. So isn't that enough? Justice alido says, fine, i will take your textual argument and i will re define the word element. All sorts of crimes have alternative elements, and therefore, ah, you could simply use that alternative ment argument to then say that the government did, in this case, prove as an element that there was violence. A and we have. We've got it actually both.