9. Jurisdiction

Question 1

What is jurisdiction?

Answer 1

Sovereign’s authority to create substantive criminal law

Question 2

When may State exercise jurisdiction over crime?

Answer 2

Situs

• Act/Omission takes place
• Harmful result takes place

Offence is committed wholly/partly within State

• Conduct constituting element of crime
• Result constituting element of crime

Conduct (Attempt/Conspiracy) outside State

1) To commit offence inside State
2) Act performed inside State

Conduct (Attempt/Conspiracy/Solicitation) inside State

1) To commit offence outside State
2) Offensive under laws of State + Other State

Omission of legal duty imposed by State + Offence committed within State

Question 3

When may Federal Government exercise jurisdiction over crime?

Answer 3

Conduct in Columbia/Federally owned or controlled territories

Conduct in States based on laws founded upon by express/implied constitutional grants of authority

Conduct by citizens abroad

Conduct by US ships/airplanes abroad