NCJ Number
7432
Journal
Yale Law Journal Volume: 81 Issue: 6 Dated: (MAY 1972) Pages: 1209-1242
Date Published
1972
Length
34 pages
Annotation
ANALYSIS OF THE JURISDICTIONAL PROVISIONS OF THE PROPOSED FEDERAL CRIMINAL CODE.
Abstract
THE PROPOSED CODE DEPARTS SIGNIFICANTLY FROM PRESENT LAW IN ITS TREATMENT OF FEDERAL JURISDICTION. THE CODE SIMPLIFIES AND MAKES CONSISTENT EXISTING JURISDICTIONAL PROVISIONS, AND IN ADDITION INCLUDES A PROVISION FOR PIGGYBACK JURISDICTION WHICH WOULD PERMIT FEDERAL PROSECUTION OF A BROAD RANGE OF COMMON CRIMES, NORMALLY PUNISHABLE ONLY BY STATES WHEN COMMITTED IN ASSOCIATION WITH FEDERAL OFFENSES. PROPONENTS OF THE CODE JUSTIFY THE PIGGYBACK PROVISION AS A RATIONAL AND CONVENIENT SOLUTION TO CERTAIN DRAFTING PROBLEMS INHERENT IN A FEDERAL CODE. CRITICS CLAIM THAT IT CONSTITUTES AN UNWARRANTED EXPANSION OF FEDERAL AUTHORITY INTO THE STATE DOMAIN. THIS ARTICLE EXPLORES THE FUNCTIONS OF THE PIGGYBACK PROVISION, ITS CONSTITUTIONALITY, AND ITS IMPLICATIONS FOR THE SCOPE AND EXERCISE OF FEDERAL PROSECUTORIAL POWER.