Extraterritorial Jurisdiction and Application of the First-Found or First-Brought Statute.
ARMY WAR COLL CARLISLE BARRACKS PA
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Within the past century, the United States has assumed a position as a world power. This status has resulted in multitudes of Americans being located throughout the earth. This, in turn, has created legal problems concerning extraterritorial jurisdiction of criminal statutes of the United States. This paper attempts to discuss theories under which such jurisdiction is exercised by nation-states, to present examples of the use of such legal doctrine by other nations, to trace developments in the United States in this field of law, and to examine the results of legislation that defines the proper court for trial of such cases in the United States. The paper concludes that foreign nations have had little problem in giving their criminal statutes extraterritorial application and that the United States is belatedly catching up. More and more United States courts are holding that US criminal statutes, over and above military courts martial authority, can be applied abroad against citizens of the United States. Author
- Sociology and Law