Chapter 2: Jurisdiction (enuerated powers)

under us federalism states posses

broad, inherent powers to enact and enforce criminal laws (constitutional limits)

fed govt lack

police power and can only pass criminal statues that trace back to one of the 17th enumerated powers granted in Article 1, faction of the us Constitution

commerce clause

gives congress the power to pass laws for activities and crimes that cross state lines

commerce clause does

1. regulating travel

2. instrumentalities/vehicles + things

3. interstate activities

commerce clause covers

• foreign nations

• Indian tribes

• interstate commerce

commerce clause are not always interpreted in the

same way

commerce clause cannot

local actions and state control

fed criminal law power outside commerce clause

1. federal territory

2. government operations

3. federal officers

crimes happening: disruptions, hurting, outside of places

fed crimes and help state and leg police handle

criminals who cross state boarders or commit multi-jurisdictional offenses

cross boarder enforcement

unlawful flight statue (MPC 1073): fed agencies _____ felony fugitive witnesses cross state lines and return them

major federal offenses

• federal kidnapping

• federal conspiracy —> plotting

• RICO: racketeering, corrupt, orgs

fed govt owns and controls up to

1/3 of the us in the territories and fed enclaves

venue

determine where in a jurisdiction a criminal law will be enforces

fed enclaves

federally owned and controlled lands

fed enclaves includes

• military instillations

• national parks

• fed buildings

assimilative crimes act (ACA) doesnt

adopt a state law to create a crime if fed law alr makes that same action legal

• fed priority

• no duplication

extradition

removal of a person from one jurisdiction to another so that he or she can face charges in the requesting jurisdiction

us uses govt active treaties to manage the extradition of fugitive w foreign nation

• rules: exact terms

• list: 18 USCA 3181

• process: fed and us state dept handle extraditions leaving country

extraordinary rendition

practice of sending foreign nationals (mainly suspected terrorists) in one country and transporting them to another country for questions and prosecution

federal felon act: interstate extradition

a fed statue must be a general applicability to prevent costimulation of a state criminal law

number of fed crimes has increased bc of

addition of white collar crimes

courts interpretations can limit the real world impact of fed criminal laws made by

the real world impact of fed criminal laws made by congress

the hate crime statue gets its legal authority from the

13th amend enabling clause

nation to nation jurisdiction

jurisdiction of each nation was extended to follow its ships over the high seas/air craft

nation to nation jurisdiction wants to eliminate

piracy, slave trading, war crimes, hijacking, sabotage of civil aircraft, genocide, terrorism

international criminal law

the us constitution gives congress the authority to create laws that define and punish maritime crimes and violated of internal rules

international criminal court (ICC)

empowered to investigate and prosecute individuals accused of genocide, war crimes, and crimes against humanity

international court of justice (ICJ)

resolves legal disputes between countries and cannot charge individuals w crimes

us claims __ __ __ territorial waters and a 200/24 nautical mile economic zone and it may stop vessels in these oceans or on the high seas under specific legal conditions

12 nautical miles

the us can

• stop people in these zones

• criminal suspicion (on high seas) —> no nationality —> foreign consent

what are the specific legal conditions for us in water zones

• territorial waters

• economic zones: 200 miles from coast

under article III section 2 of the us consti, fed courts have jurisdiction over

admiralty and maritime cases, allowing congress to enact criminal law for specific waters and vessels

admiralty jurisdiction

applies criminal laws to “navigate” voters in us

maritime jurisdiction

criminal law applies to anyone on us ship or aircraft of vessel within internal and territorial waters + states vessels

congress has power to define and punish

piracies and felonies committed on the high seas and offenses against the law of nations

• including illegal drug trade —> maritime drug law enforcement act

the fed govt has the constitutional power to run

military fight wars, and use troops inside states while overseeing them with federal laws and courts

uniform code of military justice

us constitution gives congress power to make rules for the govt and regulations of the land and naval forces

SOFA

tried by other countries laws

diplomatic immunity

barred from being charged with offense

us can try them of any crimes committed (on and off base) as long as they are

member of military at time of alleged offense (along with civilians working w military units)

persona non grata

expel from us/unwelcome person

military; subject for prosecution in foreign countries falls under the

jurisdiction of that country although they can be sometimes return them back to us military authorities/military court

national guard troops can assist w disasters and law enforcement under specific legal conditions

posse comitatus act

posse comitatus act

restricts military involvement in civil law enforcement wo congressional approval

indian tribes are unique aggregation possessing attributes of sovereignty over both their

members and territory (limited sovereignty)

tribal courts + indian police

their laws a narrowly tailored

indian major crimes act

since its MC then its federal and they have jurisdiction; if not then native police and judges handle it

you needed ____ ____ and be a member of ____ ____

indian blood

recognized tribe

new fed rules expand tribal court power and improve coordination between

fed and tribal law enforcement to fight serious crimes in indian country

new fed rules include

• fed coordination

• expanded sentencing

• prison housing

• release notifications

• fed backstop

title 32 states

operational condition where National Guard members remain under the command and control of their state or territory governor while being funded and regulated by the federal government

marshall law

the temporary replacement of civilian government and laws with military rule during a severe crisis

fed government —> federal law

• goes over (their laws) in their jurisdiction

  • national parks ex no speeding (reckless), if you speed it changes to felony since your on fed jurisdiction w their rules

executive jurisdiction

state leg and law enforcement authority

concurrent

• both fed and state

• authority to invite + prosecute

proprietary

fed owns land but state has jurisdiction

state can send (governor control)

national guard

court marshall

only under marshall law

captain in charge after outside of 12-25 nautical miles (in high seas) —>

international laws but you have to catch them in the act