ABSTRACT

Terrorism and Extraterritorial Jurisdiction in Criminal Cases: Recent Developments [September 2, 2002]   [open pdf - 965KB]

From the Summary: "A nation's criminal jurisdiction is usually limited to its own territory. In a surprising number of instances, however, federal criminal law applies abroad to U.S. citizens and foreign nationals. The USA PATRIOT [Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism] Act and legislation implementing treaties on terrorist bombings and on financing terrorism enlarge the extent of federal extraterritorial criminal jurisdiction. The USA PATRIOT Act's contributions involve credit cards, money laundering, and the special maritime and territorial jurisdiction of the United States. Congress has enacted laws proscribing various common law crimes such as murder, robbery, or sexual assaults when committed within the special maritime and territorial jurisdiction of the United States, i.e., when committed aboard an American vessel or within a federal enclave. Whether federal enclaves in other countries are included within the special territorial jurisdiction of the United States is a question that divides the lower courts. The Act provides that the overseas establishments of federal governmental entities and residences of their staffs are within the special territorial jurisdiction of the United States for purposes of crimes committed by or against U.S. nationals."

Report Number:
CRS Report for Congress, RL31557
Author:
Publisher:
Date:
2002-09-02
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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