Legality of Cannabis by U.S. Jurisdiction

How this document has been cited

The burden is then upon the prosecution to prove the jurisdictional allegation as to the place of the offense with the same certainty as any other on pain of failure to convict.

- in Price v. United States, 1934 and 2 similar citations

—under the Sixth Amendment to the Constitution the venue is as material as any other allegation in the indictment.

- in United States v. New York Great A. & Pacific Tea Co., 1943 and 2 similar citations

—stitutional right (vide section 6, subdivision A, supra) to be tried in the district where the crime was committed

- in Defending and prosecuting federal criminal cases and one similar citation

—theft of ship or goods could constitute continuing act for purpose of jurisdiction in every successive place to which the vessel was 1987] 169 Terrorism and Jurisdiction (e) The fiction of territoriality, by deeming a seagoing vessel to be a "floating territory" of a State, thereby injury suffered on board the vessel, even on the highseas, could be regarded fictitiously on the …

- in Syracuse Journal of International Law and Commerce and one similar citation

—speech. Indeed it may be said that at times when social, business, and political pressures all put a premium upon conformity, the right of private, confidential discussion may be even more important to the right of dissent than public discussion. And it is inconceivable to postulate a body of revolutionary doctrine spoken privately in the home becoming a danger to the …

- in Landmark Briefs and Arguments of the Supreme Court of the United States …

For purposes of international law, it should not matter whether a court recognized that more than mere effects occurred if in fact jurisdiction can be justified on the basis of act plus effect or intent plus effect. 7.

- in International law and litigation in the US: documents supplement

Proc., 18 USC Accordingly, it has been held by this court and others that venue, unless properly waived, is an essential part of the government's case in a criminal prosecution and must be established by adequate proof the burden of which is on the government

- in Holdridge v. United States, 1960

This was error, for under the Sixth Amendment proof of venue is an indispensable part of the prosecution's case

- in United States v. Gillette, 1951

Several other cases recognize jurisdiction in similar circumstances under an "effects" theory {ie, jurisdiction exists where the effects or "the evil" is felt), a "constructive presence" theory, and/or a continuing act theory.

- in The Mexican Oil Spill: Jurisdiction, Immunity, and Acts of State