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Extraterritorial Criminal Jurisdiction and Its Effect on American Citizens

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Pages: 18

Language: English

Book format: An electronic version of a printed book that can be read on a computer or handheld device designed specifically for this purpose.

Publisher: Rarebooksclub.com (13 Sept. 2013)

By: Adllph Hepner (Author)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt: ... CHAPTER II. FOUNDATION OF 'EXTRATERRITORIAL CRIMINAL JURISDICTION.' A.--GENERAL VIEW. ORIGIN AND AIM OF TERRITORIAL CRIMINAL LEGISLATION. The best way of stating the principles of extraterritorial criminal jurisdiction is to explain the origin and aim of territorial criminal jurisdiction. We issue penal laws and punish crimes for our self-defense and for the prevention of acts annihilating our safety. Self-defense is the cause and prevention of crimes the aim of criminal legislation. But as we are confident that all civilized nations are interested alike in punishing acts destroying the safety of mankind, and as it is rather impossible to watch over the whole world, we satisfy ourselves with legislating on crimes committed on our soil. And so all other nations do. Hence the general understanding, that crimes, in the legal sense, are local. We confine, therefore, punishment of murder, etc., to such acts committed within our acknowledged jurisdiction, not because we believe murder committed within foreign jurisdiction to be a harmless deed, or an act not disallowed, but because we are sure that all civilized nations take similar precautionary steps against such crimes as we do. Should we once learn that a state, supposed to be civilized, omitted or abolished laws punishing capital crimes, the United States certainly would resolve to resort to preventive measures against visitors from such state, and so make a murder committed there indictable in this country, should the perpetrator reach our shores. We should do so, because we could not consider that state any longer a civilized one. In that case we may assume extraterritorial criminal jurisdiction according to the law of nations. The understanding, that crimes are local, is valid as to...


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