NCJ Number
187399
Journal
Journal of Criminal Law & Criminology Volume: 90 Issue: 3 Dated: Spring 2000 Pages: 951-983
Date Published
2000
Length
33 pages
Annotation
This note examines the constitutional right to a proper venue for a criminal prosecution within the context of the constitutionally accepted practice of enacting Federal laws with broad venue provisions.
Abstract
In United States v. Rodriguez-Moreno, the United States Supreme Court held that venue for prosecution for a crime of violence is proper in any Federal jurisdictional district where the underlying crime of violence was committed, regardless of where a firearm used in the crime was actually used. The note argues that the Supreme Court erred in allowing the venue to be determined by the underlying violent crime rather than determining the venue by the nexus between the violent crime and use of a firearm. The Court in essence interpreted the violent crime and the use of a gun as two separate offenses. The note claims the offense under review was a unitary crime with two distinct elements. In reaching their decision, the note argues, the Court undermined the constitutional right of the accused and engaged in unwarranted judicial legislation. Because the Court improperly interpreted a Federal statute, and ignored the Constitutional implications of broadly defining the venue in this case, the note claims that United States v. Rodriguez-Moreno was improperly decided. Notes