Hobbs Act Pros And Cons

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The Hobbs Act is described as “whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years or both.” 18 U.S.C. § 1951(a). The language in this act does not distinguish While a multitude of United States Supreme Court cases regarding the Hobbs Act have upheld matters involving businesses, the individual has an equal affect on interstate commerce. First, in United States v. Jimenez-Torres, 435 F.3d 3 (1st …show more content…

Hinton, 366 Fed. Appx. 481, 487 (4th Cir. 2010) shows that violation of the Hobbs Act can be as low as thefts of $10 as long as it affects a business or individual involved in interstate commerce. In conjunction with the broad definition of the Hobbs Act; “whoever in any way or degree obstructs, delays or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion…” 18 U.S.C. § 1951(a), the Hobbs Act is easily violated. Based on the ruling in United States v. Hinton, we could assume that it would be likely an individual who robs the manager of a Burger King for $200 would in fact violate the Hobbs Act, so long as those monies intended use was for interstate commerce. Which would also mean that the business was affected; making it an equal effect to interstate commerce. While analyzing the implications of United States v. Lopez and United States v. Hickman, Michael McGrail (2000) has found that robberies not committed by an organized criminal gang is required to have had a substantial effect on interstate commerce. This finding supports the ‘business’ aspect of the suspected party, or defendant, but does not set forth limitations to the victim. Because businesses are owned by an individual or individuals and in order to violate the Hobbs Act there needs to be presence of interstate commerce robbery or extortion, the two have an equal effect on commerce. This argues the fact that an individual and business

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