Jurisdiction (Criminal)

• Pages: 79-80

Page 79

The Captain and First Mate of the Full Means No. 2, a Taiwanese vessel, had long been harassing and abusing Lei Shi (Defendant), the cook. One day, Defendant had had enough and murdered both harassers. Defendant then took control of the vessel and ordered the Second Mate to take it to China. After two days, the crew overpowered Defendant and locked him in a storage compartment. Not having heard from his vessel in several days, the owner asked the U.S. Coast Guard for help.

A Coast Guard cutter soon intercepted the vessel about 60 miles off Hilo, Hawaii. John Fu, a Chinese-speaking officer boarded the vessel and came upon Defendant inside the compartment. Before receiving any Miranda warnings, Defendant admitted that he had killed the Captain and the First Mate. Eventually, FBI agents boarded the vessel and arrested Defendant for violating 18 U.S.C. ß 2280; it criminalizes acts of violence that endanger maritime navigation.

The statute codifi es the U.S.'s obligations under the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 27 I. L. M. 672 (1988) [in force for U.S. March 6, 1995]. The Convention authorizes any signatory state to extradite or prosecute off enders, regardless of where the acts took place . Section 2280 also provides for federal jurisdiction over any off ender who is later found in the U.S.

The agents also uncovered several incriminating letters that Defendant had written. During later questioning in Hawaii, Defendant again confessed to the murders. The government charged Defendant with violating ß 2280. The district court concluded that it had jurisdiction over Defendant. A jury found him guilty, and he appealed. The U.S. Court of Appeals for the Ninth Circuit upholds federal jurisdiction here and affirms the conviction. "At issue here is the provision of ß 2280 which renders jurisdiction proper if the 'off ender is later found in the United States.' Id. ß 2280(b)(1)©). The district court concluded that ß 2280 provided it with jurisdiction over Defendant because Defendant's arrest and transport to Honolulu rendered him 'later found' in the United States as the statute defi nes that term."

"Article I, Section 8, Clause 10 of the U.S. Constitution ... empowers Congress to 'defi ne and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations.' Because the high seas, by definition, lie outside U.S. territory, ..., the ... Clause grants...