My name is Alex Spiro, and I'm a partner at Quinn Quinn Emanuel Urquhart & Sullivan.Most US crimes and the way we think of US criminal law has to do with territoriality.
It doesn't matter that you are overseas. When an investigation is already in an advanced stage in one jurisdiction, transferring the case to an¬other jurisdiction might not be appropriate.While time should not be the determining factor in deciding which jurisdiction should prosecute, when other factors are balanced, then judicial authorities should consider the length of time that proceedings will take to be concluded in a particular jurisdiction (‘justice delayed is justice denied’).The existing legal framework, including obligations and requirements that are imposed in each jurisdiction, should be considered as well as all the possible effects of a decision to prosecute in one jurisdiction rather than in another and the potential outcome in each jurisdiction. So one example of when US law applies abroad is if you are a US citizen abroad. Judge Andrew Napolitano explains the basic restr...When can the police deceive, and when do law enforcement lies go too far? Another example is the FCPA.There's one more category of laws that deals with conduct that so shocks the conscience that we say that there is just harm to everybody. What actions can trigger impeachment under the U.S. Constitu...What happens if a presidential nominee withdraws or dies before an election? How does a political party replace its n...When is stop-and-frisk allowed, and when is it unconstitutional?
There is a presumption in the law against extraterritoriality. And the answer is no. Learn the a...If you’re walking down the street and a police officer asks you for your identification, do you have to provide it? The full guidelines are available The criminal legal system that operates in England and Wales has remained entirely separate from that of Scotland and Northern Ireland and they are considered as separate jurisdictions.Prosecutors should therefore refer to the principles when considering cross-border cases between England and Wales and either Scotland or Northern Ireland.Prosecutors should note that some offences may come within US extra-territorial jurisdiction even though none of the criminality occurred within US territory.Prosecutors dealing with cases which have a factual nexus with the United States of America should refer to the "For the purpose of Part 7 the Proceeds of Crime Act 2002, offences which were committed abroad are relevant predicate crimes if laundering acts are committed within our jurisdiction where the predicate offence committed abroad (from which proceeds were generated) would also constitute an offence in any part of the United Kingdom if it occurred here (S.340 (2)(b)) See the The law is quite complex but in simple terms the courts in England and Wales have jurisdiction to try British citizens for offences committed on UK ships in the ‘high seas’ or in ‘any foreign port of harbour’ or committed ‘on any foreign ship to which he does not belong’. Is there a right to record the police?
How come they think their laws can affect foreign citizens and foreign places, and why is their jurisdictional arm so long?" Suzanne Llewellyn, Deputy Chief Crown Prosecutor, said: “Belly Mujinga’s dea… Let me give you a couple of examples. First Amendment...What constitutes "incitement" under the First Amendment? Their application can affect the assessment of this factor and consequently the final decision on where to prosecute. And so by harming everybody, you're also harming the United States. The priority and weight which should be given to each factor will be different in each case.A preliminary presumption should be made that, if possible, a prosecution should take place in the jurisdiction in which the majority – or the most important part – of the criminality occurred or in which the majority – or the most important part – of the loss was sustained. Can he pardon himself? Prof. Daniel Capra gives a down-and-dirty explanati...What kinds of acts constitute voter intimidation?
By Matt Blake Updated: 12:48 EDT, 8 March 2012 Lee Rowland of the ACLU explains how the ...Can a private employer fire you for speech outside of work? Can Tiffany trademark its blue color or Louboutin its red? The ‘main factors’ when making a decision on which jurisdiction should prosecute can be found at Annex A.