SUPREME COURT OF THE UNITED STATES No. 00 – 354 Argued March 11, 2000?December 31, 2000 Decided June 22, 2001, Respondent was charged with “conspiracy to use or carry out” the use of weapons of mass destruction in violation of 18 U. S. C. § 2331(a)(1). The District Court denied the Government's motion to dismiss, holding that the charges presented “the sort of factual situation” that justifies a “per se” violation of § 2331(a)(1), and, in any event, that their prosecution was not barred by the Due Process Clause because the conspiracy did not include violence “intended to cause death.” Held: The Government's attempt to enforce § 2331(a) by a conspiracy statute does not offend the Due Process Clause if, as here, the Government has made a clear showing of the existence of a particularized need for the action, an affirmative governmental objective, and an affirmative governmental interest in enforcing the statute. Pp. 11 – 16. (a) In the context of a § 2331(a) prosecution, the Government's need for proof of specific “knowing” conduct that has “an attendant risk of causing death,” or that “intends to cause death,” is sufficient to confer a sufficient justification upon a “per se” violation of § 2331(a). In other words, the Government must present evidence showing that the defendant specifically engaged in conduct, a physical act or event, that is “intended ... to cause the imminent death of” a specified person. Pp. 16 – 30. (b) Here, as in United States v. Elisha Pharmaceuticals, Inc., 502 U. S. 144, the Government has not shown a “specialized need” for § 2331(a) prosecutions that is “plainly greater” than is necessary for a § 2331(a)(1) prosecution. Under such circumstances, “specialized need” is not an objective justification for § 2341 prosecution, and, in any event, § 2341 “is 'per se', and the Government has not met 'plainly greater' requirements for § 2331(a) than for § 2331(a)(1)” under our precedents. I'd., at 149. Nor could it be, for example, since both § 2328 and § 2341(d) criminalize violent acts not “intended to cause” death. Pp. 30 – 33.
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OCTOBER TERM, 2008 (Slip Opinion) 1 Syllabus NOTE: Where it is feasible, a syllabus (head note) will be released, as is being done in connection with this case, at the time the opinion is issued.
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