NCJ Number
54190
Date Published
1977
Length
225 pages
Annotation
TWO BILLS TO EXPAND FEDERAL CRIMINAL JUSISDICTION TO COVER CERTAIN OFFENSES COMMITTED OUTSIDE U.S. TERRITORY ARE CONSIDERED. ONE RELATES TO ANTARCTICA AND THE OTHER TO U.S. CIVILIANS EMPLOYED BY THE MILITARY ABROAD.
Abstract
THE ANTARCTICA BILL IS DESCRIBED AS A PREVENTIVE MEASURE. VARIOUS PARTS OF THIS CONTINENT ARE CLAIMED BY VARIOUS NATIONS AND SOME AMERICAN EXPERIMENTAL TEAMS ARE STATIONED AT BASES LOCATED IN AREAS CLAIMED BY NEW ZEALAND. AS EXPLORATION CONTINUES, THESE PERSONS, MOSTLY CIVILIANS, ARE LIKELY TO MOVE INTO AREAS CLAIMED BY OTHER NATIONS. THE BILL IS URGED TO ESTABLISH FEDERAL JURISDICTION OVER CRIMINAL ACTS REGARDLESS OF THE TERRITORIAL CLAIMS INVOLVED AS A DETERRENT AND AS A PROTECTION TO POTENTIAL VICTIMS. THIS LEGISLATION IS PROPOSED IN TWO FORMS, H.R. 6148 AND H.R. 7842. THE 'FOREIGN CRIMES ACT OF 1977' (H.R. 763) WAS INTRODUCED IN RESPONSE TO A SERIES OF U.S. SUPREME COURT DECISIONS WHICH HAVE HELD THAT THE EXERCISE OF COURT-MARTIAL JURISDICTION OVER CIVILIANS IN PEACETIME WAS UNCONSTITUTIONAL. THIS BILL SPELLS OUT FEDERAL RESPONSIBILITY FOR CRIMES COMMITTED BY CIVILIANS EMPLOYED BY OR ACCOMPANYING THE MILITARY ABROAD. TESTIMONY TRACES DIFFICULTIES ENCOUNTERED BY JUSTICE AGENCIES IN SUCH CASES AND EXPLAINS INTERNATIONAL COMPLICATIONS WHICH HAVE ARISEN DUE TO UNCLEAR JURISDICTIONS. PASSAGE OF THE BILL IS URGED. APPENDIXES GIVE ANTARCTICA ACTS PASSED BY NEW ZEALAND, AUSTRALIA, AND GREAT BRITAIN. OTHER APPENDED MATERIALS INCLUDE DEPARTMENT OF DEFENSE STATISTICS ON EXERCISE OF CRIMINAL JURISDICTION BY FOREIGN TRIBUNALS OVER U.S. PERSONNEL FOR 1975 AND 1976; LETTERS RELEVANT TO THIS SUBJECT; AND A SUMMARY OF U.S. VERSUS BANKS (1976), WHICH HELD THAT COURT-MARTIAL JURISDICTION OVER A CIVILIAN IN PEACETIME IS UNCONSTITUTIONAL. (GLR)