NCJ Number
126886
Journal
Washington and Lee Law Review Volume: 45 Issue: 4 Dated: (Fall 1988) Pages: 1475-1498
Date Published
1988
Length
24 pages
Annotation
Determining criminal jurisdiction in cases involving conspiracies that take place through interstate telephone communications is difficult and should be accomplished through a protective approach to jurisdiction rather than the common-law method.
Abstract
The common-law method is inadequate for handling telephone conspiracies to commit a crime, because the criminal conspiracy does not occur in a definite place. Therefore, territorial principles do not apply directly. In addition, extending territorial principles to cover interstate telephonic conspiracies would place artificial significance on the location of a relatively insignificant element of the conspiracy. In addition, the territorial principle fails to protect states' interests in protecting themselves from harm initiated outside the State. In contrast, under the protective approach a State could exercise jurisdiction over a conspiracy if the conspiracy would have a criminal effect in the State. In addition, the Constitution appears to place only minimal due process limitations on a State's assertion of extraterritorial jurisdiction over conspiracies. 160 footnotes