The Assimilative Crimes Act , 18 U.S.C. § 13 , makes state law applicable to conduct occurring on lands reserved or acquired by the Federal government as provided in 18 U.S.C. § 7(3) , when the act or omission is not made punishable by an enactment of Congress .
70-499: The first Assimilative Crimes Act was passed as § 3 of the Crimes Act of 1825 . Prosecutions instituted under this statute are not to enforce the laws of the state, but to enforce Federal law, the details of which, instead of being recited, are adopted by reference. In addition to minor violations, the statute has been invoked to cover a number of serious criminal offenses defined by state law such as burglary and embezzlement . However,
140-789: A civil offense against the law of nations in the Alien Tort Statute of the Judiciary Act of 1789. Several offenses were limited to acts committed in places "under the sole and exclusive jurisdiction of the United States". Such regulations would have applied in the " Seat of the Government ", federal enclaves , and federal territories . Article One provides that Congress shall have the power "[t]o exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and
210-403: A copy of the indictment, and a list of the jury and witnesses, to be produced on the trial for proving the said indictment, mentioning the names and places of abode of such witnesses and jurors, delivered unto him at least three entire days before he shall be tried for the same; and in other capital offences, shall have such copy of the indictment and list of the jury two entire days at least before
280-450: A fine not exceeding one hundred dollars, or a term of imprisonment not exceeding six months, is to be inflicted". The circuit courts were given concurrent jurisdiction over these crimes, and exclusive jurisdiction over all other federal crimes. The circuit courts also exercised appellate jurisdiction over the district courts, but only in civil cases. The Judiciary Act of 1789 also placed the responsibility for prosecuting federal crimes in
350-527: A limited exception for private debts contracted by ambassadors prior to the passage of the act. Between 1790 and 1797, only 147 criminal cases were brought in the circuit courts, and more than half of those cases were brought in the Pennsylvania circuit court concerning the Whiskey Rebellion . And, between 1790 and 1801, only 426 criminal cases were brought in all federal courts (the district courts and
420-594: A navy vessel). The constitutional authorization of these crimes was less explicit, but Article One does provide that Congress shall have the power "[t]o constitute Tribunals inferior to the supreme Court." According to Currie: This is the point at which explicit constitutional authority for the creation of federal crimes runs out. But the statute went on to define additional crimes: theft or falsification of court records, perjury, bribery of federal judges, interference with judicial process, and liberation of federal prisoners. All of these were plainly necessary and proper to
490-430: A plea: if any person or persons be indicted of treason against the United States, and shall stand mute or refuse to plead, or shall challenge peremptorily above the number of thirty-five of the jury; or if any person or persons be indicted of other of the offences herein for which the punishment is declared to be death, if he or they shall also stand mute or will not answer to the indictment, or challenge peremptorily above
560-412: A sex offense under a state statute with a higher age of consent was held impermissible, but a conviction for a shooting with intent to kill as defined by state law was upheld, despite the similarity of provisions of 18 U.S.C. § 113 . There seems to be a definite trend to construe 18 U.S.C. § 13 liberally to provide complete coverage of criminal conduct within a federal enclave , even where
630-554: Is constitutionally precluded by the Double Jeopardy Clause . 18 U.S.C. § 13 does not assimilate penal provisions of state regulatory schemes. Nor does it incorporate state administrative penalties, such as suspension of driver's licenses . Section 13(b) allows suspension of licenses within the enclave. Federal agency regulations , violations of which are made criminal by statute, have been held to preclude assimilation of state law. In United States v. Adams , 502 F. Supp. 21,
700-634: The Bankruptcy Act of 1841 and the Admiralty Jurisdiction Act of 1845 . Story began drafting a crimes act in 1816. Story drafted the act with the assistance of Representative Daniel Webster of Massachusetts, a frequent Supreme Court advocate. A contemporary manuscript by Story remarks that "few, very few, of the practical crimes . . . are now punishable by statutes, and if the court have no general common law jurisdiction . . . they are wholly dispunishable." Story continued: Story preferred
770-701: The Federal Criminal Code of 1790 ), formally titled An Act for the Punishment of Certain Crimes Against the United States , defined some of the first federal crimes in the United States and expanded on the criminal procedure provisions of the Judiciary Act of 1789 . The Crimes Act was a "comprehensive statute defining an impressive variety of federal crimes". As an enactment of the First Congress ,
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#1732854645593840-601: The Piracy Act of 1820 , and the entirety of the Bank Act of 1816 . "The Act of 1825 made several important contributions to federal criminal law." Building upon the Crimes Act of 1790 , the 1825 Act created several new crimes applicable only to areas under exclusive federal jurisdiction—i.e. the District of Columbia , federal territories , and federal enclaves . Among these was the first federal Assimilative Crimes Act , which made
910-729: The Revised Statutes ; (3) the Criminal Code of 1909 ; and (4) the 1948 re-codification of the United States Code . The latter three are merely re-codifications. "There has been no general revision of the criminal legislation of the United States since the Crimes Act of 1825, although there have been codifications of existing law, and, of course, many separate statutes adding greatly to the scope of federal criminal jurisdiction." Crimes Act of 1790 The Crimes Act of 1790 (or
980-709: The Sixth Amendment , namely the Information Clause, the Assistance of Counsel Clause , and the Compulsory Process Clause . The Sixth Amendment (and the remainder of the Bill of Rights ) had not yet been ratified at the time of the Crimes Act's passage. Section 30 provided treason and capital defendants with peremptory challenges and provided for a plea of not guilty in the case that the defendant refused to enter
1050-467: The United States Attorney for each federal judicial district . The Act provided that "there shall be appointed in each district" a "person learned in the law to act as attorney for the United States in such district, who shall be sworn or affirmed to the faithful execution of his office, whose duty it shall be to prosecute in such district all delinquents for crimes and offences, cognizable under
1120-764: The Waite Court held that the extortion under color of office offense applied only to defendants who were officers of the United States within the meaning of the Appointments Clause of Article Two . Because Germaine (a surgeon appointed by the Commissioner of Pensions) was not appointed by the President, a court of law, or a head of a department, the Court held that the statute did not apply to Germaine. The Crimes Act of 1790 had established only one counterfeiting offense, which
1190-401: The "high Seas", but also to "any river, haven, basin, or bay, out of the jurisdiction of any particular State". Currie notes a variety of constitutional theories which Congress might have espoused in order to justify this provision: "Whether Congress thought authority over such places included within the ostensibly narrower term 'high Seas', necessary and proper to the regulation of commerce or to
1260-580: The Assimilative Crimes Act cannot be used to override other Federal policies as expressed by acts of Congress or by valid administrative orders. The prospective incorporation of state law was upheld in United States v. Sharpnack , 355 U.S. 286 (1957). State law is assimilated only when no "enactment of Congress" covers the conduct. The application of this rule is not always easy. In Williams v. United States , 327 U.S. 711, 717 (1946), prosecution of
1330-512: The Court held that indictments need not plead facts establishing that these limitations periods have not run. Section 8 provided that "the trial of crimes committed on the high seas, or in any place out of the jurisdiction of any particular State, shall be in the district where the offender is apprehended, or into which he may first be brought". Thus, section 8 was an exercise of Congress's authority under Article Three to define criminal venue for all crimes "not committed within any State". But,
1400-497: The Crimes Act is often regarded as a quasi-constitutional text. The punishment of treason , piracy , counterfeiting , as well as crimes committed on the high seas or against the law of nations , followed from relatively explicit constitutional authority. The creation of crimes within areas under exclusive federal jurisdiction followed from the plenary power of Congress over the " Seat of the Government ", federal enclaves , and federal territories . The creation of crimes involving
1470-467: The Crimes Act of 1790 had requested that the state make their prisons available to federal convicts. The 1825 act codified this. "[F]rom 1825 until the close of the Civil War, the few additions to the list of statutory crimes which were made broke little new ground." There have been four revisions or re-codifications of federal criminal law since the Crimes Act of 1790 : (1) the Crimes Act of 1825; (2)
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#17328546455931540-537: The Criminal Code, the treason offense was amended and moved to 18 U.S.C. § 2381, where it remains. It was amended in 1994. Section 2 was codified in the Revised Statutes, and re-codified by the Criminal Code of 1909, and the 1948 re-codification. It was amended in 1994. Section 3 was amended by § 4 of the Crimes Act of 1825 and codified in the Revised Statutes. Sections 4, 5 and 6 were codified in
1610-488: The Supreme Court did not interpret section 8 as exercising the full extent of Congress's authority under Article Three. In Ex parte Bollman (1807), the Court held that the statutory term "any place out of the jurisdiction of any particular state" applied only to "any river, haven, bason or bay, not within the jurisdiction of any particular state", and only in "those cases there is no court which has particular cognizance of
1680-498: The Territory ;..." With reference to the "arms, ordnance, munition, shot, powder, or habiliments of war belonging to the United States" provision of section 16, Currie argues that it could have been justified under Congress's Article One power to "raise and support armies" or Congress's Article Four power to make needful rules respecting "property belonging to the United States". In United States v. Bevans (1818), although
1750-588: The Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted." As to misprision of treason , according to David P. Currie , because "[t]he Constitution said nothing of this offense", "the legislators must have interpreted
1820-731: The acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings." And Article Four provides that "Congress shall have Power to dispose of and make all needful Rules and Regulations respecting
1890-547: The act provided for punitive dissection of murderers and codified diplomatic immunity . Even after the passage of the Judiciary Act of 1789 , "the definition of crimes and the establishment of punishments" remained a "missing link of the criminal system". The Judiciary Act of 1789 divided original jurisdiction for the trial of federal crimes between the district courts and the circuit courts . The district courts were given jurisdiction over all federal crimes "where no other punishment than whipping, not exceeding thirty stripes,
1960-555: The authority of the United States." Prior to the Crimes Act, Congress had established very few federal crimes. Among Congress's earlier criminal statutes were: The Senate passed an act to define a variety of federal crimes on August 31, 1789, but the House did not act on that bill. Like the Judiciary Act of 1789 and the Process Act of 1789 , the Crimes Act was primarily authored by Senator (and future Chief Justice) Oliver Ellsworth as
2030-462: The bill, answer, information, indictment, declaration, or any part of any record or proceeding, either in law or equity, and without setting forth the commmsion or authority of the court, or person or persons before whom the perjttry was committed, or was agreed or promised to be committed. Section 24 provided that "no conviction or judgment of any of the offences aforesaid, shall work corruption of blood , or any forfeiture of estate". This generalized
2100-477: The chair of the Senate committee. The committee examined the state criminal laws of Massachusetts, New Jersey, Pennsylvania, Virginia, and South Carolina at the beginning of the drafting process. The Crimes Act generated "little reported debate" on the floor of Congress. The act was passed on April 30, 1790. Due to the seriousness of the authorized sentences, under the Judiciary Act of 1789 , original jurisdiction for
2170-476: The circuit courts combined). Section 1 was supplemented by an omnibus treason law during the Civil War , which, inter alia , provided for punishments other than death and additional lesser offenses. The offense of treason, and the punishment thereof, were codified in consecutive sections of the Revised Statutes . Both were repealed and replaced by the Criminal Code of 1909 . During the 1948 re-codification of
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2240-403: The commission or authority of the court, or person or persons before whom the perjury was committed. and section 20 provided that in every presentment or indictment for subornation of perjury, or for corrupt bargaining or contracting with others to commit wilful and corrupt perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant, without setting forth
2310-427: The common law crime approach: Congress was not persuaded to follow the common law approach and postponed consideration of the statute indefinitely. Further attempts to create a new crimes act followed in 1818 and 1823. In 1824, the House commenced consideration of the bill. The original draft contained only 16 sections, compared to 26 in the final draft. Representative Charles A. Wickliffe of Kentucky objected to
2380-632: The courts of the United States, or in any of the courts of a particular state, or by any judge or justice therein respectively, whereby the person of any ambassador or other public minister of any foreign prince or state, authorized and received as such by the President of the United States, or any domestic or domestic servant of any much ambassador or other public minister, may be arrested or imprisoned, or his or their goods or chattels be distrained, seized or attached, such writ or process shall be deemed and adjudged to be utterly null and void to all intents, construction and purposes whatsoever. Section 27 provided
2450-495: The crime". The Crimes Act prescribed death as the exclusive punishment for the crimes of treason, counterfeiting, wilful murder, and aiding the escape of a death row prisoner, as well as piracy, murder, and robbery on the high seas. Section 29 provided treason and capital defendants a right to a copy of the indictment, a list of the jury (and, in treason cases, witnesses), appointed counsel, and compulsory process: [A]ny person who shall be accused and indicted of treason, shall have
2520-450: The crimes aforesaid, shall be allowed and admitted in his said defence to make any proof that he or they can produce, by lawful witness or witnesses, and shall have the like process of the court where he or they shall be tried, to compel his or their witnesses to appear at his or their trial, as is usually granted to compel witnesses to appear on the prosecution against them. Most of the provisions of section 29 are plainly similar to those of
2590-399: The criminal laws of the surrounding states applicable to the federal enclaves. In effect, the Crimes Act of 1825 amplified the definition of "high seas" to include "any river, haven, creek, basin, or bay, within the admiralty and maritime jurisdiction of the United States." In United States v. Coombs (1838), in an opinion by Justice Story (the author of the 1825 Act), the Court held that
2660-414: The death penalty. Eventually, Webster "successfully guided [the act] through Congress." According to Speranza: The Crimes Act was passed on March 3, 1825. The Act provided that all prior inconsistent legislation was repealed (without specifying such legislation). According to Henderson, the act "supplanted" 12 sections of the Crimes Act of 1790 , one section of the Piracy Act of 1819 , the entirety of
2730-426: The defendant had only been charged under § 8 of the Crimes Act, Chief Justice Marshall proceeded to consider whether the offense would have been cognizable under § 3. Following the canon of noscitur a sociis , Marshall interpreted the jurisdictional phrase "any fort, arsenal, dockyard, magazine, or in any other place, or district of country" to be limited to places that are "fixed and territorial" (i.e. not to include
2800-448: The defendant was charged with carrying a concealed weapon in a United States Courthouse in violation of 18 U.S.C. § 13 and the pertinent Florida felony firearms statute. In dismissing the indictment, the Adams court concluded that a General Services Administration (GSA) petty offense weapons regulation, which had explicitly provided for by statute, amounted to an enactment of Congress within
2870-508: The exercise of admiralty jurisdiction, or implicit in a central government responsible for external affairs is not clear." Currie also argues that the phrase "offence, which, if committed within the body of a county, would, by laws of the United States, be punishable with death" is vague. He suggests that it could refer to any federal law, to any state or federal law, or only to federal laws applicable to places under exclusive federal jurisdiction. Article One provides that Congress shall have
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2940-460: The extension of the death penalty to crimes other than treason, rape, and murder. Representatives William Cox Ellis , James Buchanan , and Edward Livingston concurred with Wickliffe. Livingston was the "principal speaker against the act." Livingston moved to amend the act to remove the death penalty for arson. Webster defendant the act, and defended capital punishment. Representative George Kremer offered an even more blood-thirsty defense of
3010-506: The government, in its discretion, to proceed under 18 U.S.C. § 13 and appropriate state firearms laws, rather than under the GSA weapons regulation. [REDACTED] This article incorporates public domain material from Justice Manual . United States Department of Justice . Crimes Act of 1825 The Crimes Act of 1825 (also known as the Federal Criminal Code of 1825 ), formally titled An Act more effectually to provide for
3080-400: The guarantee of Article Three that "no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted". The Crimes Act made no provision for the creation of federal prisons . Instead, a September 21, 1789 concurrent resolution asked the state legislatures to authorize their prisons to imprison federal prisoners. The first federal prison
3150-477: The high Seas". Five sections in the Crimes Act "were devoted to the subject". Currie notes that the various piracy offenses "take an exceedingly broad view of what constituted piracy", but that "[f]rom a constitutional standpoint no harm was done, since all of the acts punished were felonious and Congress's power extended to all felonies on the high seas." "The principal provisions with respect to piracy were incorporated in section 8." Section 8 applied not only to
3220-487: The high seas, or in any place out of the jurisdiction of any particular state, shall be in the district where the offender is apprehended, or into which he may first be brought." Section 14 of the 1825 Act provided that "the trial of all offenses which shall be committed upon the high seas or elsewhere, out of the limits of any state or district, shall be in the district where the offender is apprehended, or into which he may be first brought." The 1825 wording appeared to ratify
3290-489: The holding of Ex parte Bollman , which had held that the Territory of Orleans —in which federal territorial courts were constituted—was not a place eligible for alternate venue under the 1790 Act. Since no federal prisons existed, § 15 provided that a sentence of hard labor could be served in a state penitentiary within the federal judicial district of the sentencing court. Previously, a Congressional resolution accompanying
3360-417: The inclusion of this provision as cruel. Currie argues that Congress was on a firm constitutional footing in enacting this provision in relation to murders committed in areas under exclusive federal jurisdiction, but perhaps less so for murders committed on the high seas. Section 25 provided: [I]f any writ or process shall at any time hereafter be sued forth or prosecuted by any person or persons, in any of
3430-487: The integrity of the judicial process derived from Congress's authority to establish such courts. The Crimes Act also established a statute of limitations for federal crimes, provided for criminal venue , ensured procedural protections for treason and capital defendants, simplified the pleading requirements for perjury , and provided protections broader than those in the Constitution against corruption of blood . Further,
3500-524: The meaning of 18 U.S.C. § 13 and, therefore, the defendant could not be prosecuted by the assimilation of state law which prohibited the same precise act. It is important to note, however, that a critical provision of the GSA regulations apparently was not considered in Adams . The regulation at the time of the case provides in part: "Nothing in these rules and regulations shall be construed to abrogate any other Federal laws or regulations or any State and local laws and regulations applicable to any area in which
3570-401: The means of execution as "hanging ... by the neck until dead". Section 19, applicable to perjury prosecutions under section 18, provided that in every presentment or indictment to be prosecuted against any person for wilful and corrupt perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant, and by what court, or before whom the oath or affirmation
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#17328546455933640-568: The narrow definition of treason in Article III not to preclude it from creating lesser related offenses that might otherwise fall within federal purview—although nothing in the misprision provision suggested that Congress had yet considered the possible impact of the Treason Clause on its efforts to punish seditious expression." Article One provides that Congress shall have the power "[t]o define and punish Piracies and Felonies committed on
3710-502: The number of twenty persons of the jury; the court, in any of the cases aforesaid, shall notwithstanding proceed to the trial of the person or persons so standing mute or challenging, as if he or they had pleaded not guilty, and render judgment thereon accordingly. In United States v. Shackleford (1855), the Court held that the section 30's allocation of peremptory challenges controlled, rather than an 1840 statute that required federal jury selection to generally follow state law (and, thus,
3780-580: The offense is generally covered by Federal law. The Uniform Code of Military Justice (U.C.M.J.), 10 U.S.C. § 801 et seq., because of its unlimited applicability, is not considered an "enactment of Congress" within the meaning of 18 U.S.C. § 13. Military personnel committing acts on an enclave subject to Federal jurisdiction which are not made an offense by Federal statutes other than the U.C.M.J. may therefore be prosecuted in district court for violations of state law assimilated by 18 U.S.C. § 13, even though they are also subject to court martial . Dual prosecution
3850-567: The offense of shipwreck theft under § 9 of the Act did not extend above the high tide line . But, Coombs held “probably for the first time, that the admiralty jurisdiction of the United States courts was an independent grant of legislative power to Congress.” Although Coombs held that Congress could not punish an act occurring above the high tide line under its admiralty jurisdiction, the Court also held that Congress could do so under its Commerce Clause power. In United States v. Germaine (1878),
3920-745: The operation of the federal courts; Marshall was to cite the perjury section as precedent for the existence of implicit powers in McCulloch v. Maryland . According to Stacy and Dayton, these provision are "compelling evidence that the founders did not intend the national role in criminal law to be limited to crimes expressly mentioned in the Constitution". Section 32 provided for the following statutes of limitations : no statute of limitations for wilful murder or forgery; no statute of limitations for fugitives from justice; three (3) years for capital offenses (other than wilful murder and forgery); two (2) years for non-capital offenses. In United States v. Cook (1872),
3990-547: The power "[t]o provide for the Punishment of counterfeiting the Securities and current Coin of the United States." Currie argues that section 14's somewhat broad reading of the word "Securities" is fair enough. Currie suggests that "[n]othing was said of counterfeiting coins" because the United States Mint had not yet been established. Some members of the House, including Theodore Sedgwick of Massachusetts, spoke against
4060-436: The power to regulate commerce." Section 14 provided for the entrance of a not guilty plea in cases where the defendant remained silent or refused to plea. (The Crimes Act of 1790 had established this rule for treason and capital cases.) Section 14 also re-enacted the venue provision of § 8 of the Crimes Act of 1790, with minor changes in wording. Section 8 of the 1790 Act had provided that "the trial of crimes committed on
4130-474: The prescribing death penalty for counterfeiting, viewing it as too harsh. Article One provides that Congress shall have the power "[t]o define and punish ... Offenses against the Law of Nations." According to Currie: "No reliance on inherent on implied powers over foreign affairs was necessary to justify" sections 26 and 28 as each "plausibly described" offenses against the law of nations . Congress had also created
4200-590: The property is situated." This non-abrogation provision arguably would permit the assimilation of appropriate state firearms laws or other state statutes notwithstanding the existence of the GSA regulations. It appears that this language has never been considered in any reported case. Moreover, no discussion of the meaning of this language appears in the pertinent parts of the Federal Register . The United States Department of Justice believe it would be reasonable to interpret this non-abrogation provision as permitting
4270-402: The prosecutor was given no peremptory challenges in such cases). Ten years later, Congress abrogated Shackleford , granting prosecutors five peremptory challenges in treason and capital cases (and two in non-capital felony cases); the 1865 act left the defendant's number of peremptory challenges unchanged. Section 31 eliminated the benefit of clergy for capital crimes. Section 33 designated
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#17328546455934340-521: The punishment for perjury or subornation to 5 years hard labor and $ 2000. The Crimes Act of 1790 had limited the punishment for those crimes to 3 years, $ 800, 1 hour in the pillory , and incapacity to testify. Section 23 made maritime insurance fraud punishable by 3 years hard labor and a $ 3000 fine. (Previously, such had been punishable by death. ) In dicta in Coombs , Justice Story explained that this provision (which he had penned) "is also derived from
4410-546: The punishment of certain crimes against the United States, and for other purposes , was the first piece of omnibus federal criminal legislation since the Crimes Act of 1790 . In general, the 1825 act provided more punishment than the 1790 act. The maximum authorized sentence of imprisonment was increased from 7 to 10 years; the maximum fine from $ 5,000 to $ 10,000. But, the punishments of stripes and pillory were not provided for. Drafted by Justice Joseph Story , and sponsored by Representative Daniel Webster of Massachusetts,
4480-413: The statute defined a series of new federal crimes applicable in areas under exclusive federal jurisdiction—the District of Columbia , federal territories , and federal enclaves —as well as felonies on the high seas and under federal admiralty and maritime jurisdiction. The Crimes Act of 1825 was "drawn along the same lines" as the Crimes Act of 1790 , but "more comprehensive.” Justice Joseph Story
4550-406: The trial of all of the crimes created by the Crimes Act would have rested with the circuit courts ; none of the crimes created could have been tried in the district courts . Article Three provides that: "Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on
4620-542: The trial: And that every person so accused and indicted for any of the crimes aforesaid, shall also be allowed and admitted to make his full defence by counsel learned in the law; and the court before whom such person shall be tried, or some judge thereof, shall, and they are hereby authorized and required immediately upon his request to assign to such person such counsel, not exceeding two, as such person shall desire, to whom such counsel shall have free at all reasonable hours; and every such person or persons accused or indicted of
4690-512: Was an advocate for expanded federal jurisdiction, and in particular argued that the Judiciary Act of 1789 authorized the federal courts to define and punish common law offenses . Although the common law crimes approach was rejected by the Supreme Court, "[w]hat Story was not able to do as a Justice he remedied through his friendship with Webster, then Chairman of the House Judiciary Committee." Other statutes drafted by Story include
4760-404: Was not opened until 1894 at Fort Leavenworth . Section 4 authorized a court to order the post-execution dissection of the corpse of convicted murderers. According to David P. Currie , this was the "most controversial provision of the entire statute". Dissection as punishment had its roots in a 1789 New York statute and a 1752 English law . Rep. Michael J. Stone of Maryland argued against
4830-432: Was punishable by death. The Crimes Act of 1825 extended federal criminal jurisdiction to U.S. ships in foreign waters and foreign ports. Section 5 made any offense committed in such a place punishable as if it had been committed on the high seas, so long as the defendant had not previously been convicted or acquitted for the same conduct in a foreign court. Further, section 10 prohibited marooning . Section 13 increased
4900-435: Was taken, (averring such court, or person or persons to have a competent authority to administer the same) together with the proper averment or averments to falsify the matter or matters wherein the perjury or perjuries is or are assigned; without setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceeding, either in law or equity, other than as aforesaid, and without setting forth
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