Friday, February 16, 2007

Interesting jurisdictional problem

Thanks to Norm at Crime & Federalism for the hat tip on this, although he went off on a different angle.

The Facts (short version)- Guy from New York goes to Connecticut, allegedly has too much to drink and kills a pedestrian. Returns to New York, confesses to his parents, and they allegedly help him cover it up. Like I said, short version. Longer version here.

The guy is charged with various and sundry, and there is talk of charging the parents- but where? They never set foot in Connecticut, and their involvement seems to be entirely after the fact, meaning that they are not really conspirators to the substantive offense, and I can't find a Model Penal Code style territorial applicability statute in Connecticut. I suppose the effects doctrine from international law could apply here, or Connecticut could charge the parents with conspiracy to obstruct justice which would truly get around the jurisdictional problem altogether.

Still very interesting.


Steve Smith said...

It doesn't appear that Connecticut or New York have a "misprision of serious offense" statute which would take care of the problem nicely (except for the interesting jurisdictional part).