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15 Stan. L. Rev. 45 (1962-1963)
Jurisdiction of United States Courts over Crimes in Aircraft

handle is hein.journals/stflr15 and id is 67 raw text is: Jurisdiction of United States Courts over Crines in Aircraft ELIZABETH GASPAR BROwN* This study is designed to investigate the jurisdiction possessed by courts of the United States over crimes committed in aircraft of the United States within and without the territorial limits of the United States. It is limited to crimes committed in civil air- craft while in the airspace above the earth. Excluded are acts con- stituting infractions of discipline by the crew of an aircraft. By way of introduction, there is a brief survey of the several theories employed as the basis for the exercise of jurisdiction by national states. The two major parts of the study deal with the jurisdiction possessed by United States courts over crimes com- mitted in United States aircraft outside the territorial limits of the United States and over crimes committed in the airspace above the United States. I. INTENAT oNAL JuRisDicTioNAL TmoRIEs All nations regard territorial jurisdiction-jurisdiction based on the fact that the crime was committed (at least in part) within their territory-as primary. They sometimes, of course, also exer- cise jurisdiction because the crime was committed abroad by one of their own nationals,' or because the crime was committed abroad directly against an important interest of the state,' or on universal grounds such as piracy,' or in some countries because 0 A.B., Rockford College, 1935; LL.B., University of Wisconsin, 1952; Research Asso- ciate in Law, University of Michigan. This Article has been prepared in connection with a research project in air law financed with funds derived from gifts to the University of Michigan by William W. Cook. 1. Such jurisdiction over crimes committed by citizens abroad is exercised more fre- quently in other countries than in the United States. See generally Harvard Research in International Law, jurisdiction with Respect to Crimes, 29 Am. J. INr'L L. Spsc. SupJp. 435, 520 (1935). In this country it is familiar in the case of treason committed abroad by Americans. Kawakita v. United States, 343 U.S. 717 (1952); United States v. Best, 184 F.2d 131 (1st Cir. 1950); United States v. Chandler, 171 F.2d 921 (1st Cir. 1948); with respect to some other offenses see United States v. Bowman, 260 U.S. 94 (1922); cf. Blackmer v. United States, 284 U.S. 421 (1932). 2. Many nations punish crimes committed abroad, even by aliens, against their national security or the counterfeiting of their money. See Harvard Research in International Law, supra note 1, at 543, 561, 570. For jurisdiction asserted on this protective basis see United States v. Rodriguez, 182 F. Supp. 479 (S.D. Cal. 1960), modified sub nom. Rocha v. United States, 288 F.2d 545 (9th Cir. 1961). 3. Universal jurisdiction in American practice is limited to piracy. 18 U.S.C. S 1651 (1958); see United States v. Smith, 18 U.S. (5 Wheat.) 153 (1820); United States v.

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