Sherry Jackson's Appeal

[grixit]

Prof

- Her question is where did the crime take place?

If the crime for example happened in the geographic area known as Atlanta, Georgia and some street address than it is her thought that would be within the domain of the State of Georgia to prosecute any crime.

Answer: It was a federal crime and it happened in Georgie, which is also in the United States. Therefore it must be tried by a federal court, in Georgia.

I guess in essence if I were to summarize what she is saying I would say -- She does not believe failing to file a federal income tax return can be criminal prosecuted if the defendant is not outside of the State of Georgia.

Her belief is irrelevant.

[grixit]

A trial conducted in the United States District Court for the Northern District of Georgia (Atlanta) is not a trial conducted in the State of Georgia pursuant to Article III, Sec. 2, Cl.3.

Yes it is. The northern district is not somewhere on Mars, it's in Georgia.

You have to travel through the State of Georgia to reach the Northern District of Georgia.

You have to travel through Georgia to reach Atlanta. Or Stone Mountain. Or Emory University. And yet when you get there, you are still in Georgia.

A trial conducted in the United States District Court for the Northern District of Georgia (Atlanta) is a trial conducted in a Place directed by Congress, and pursuant to Article III, Sec. 2, Cl. 3, such a Place is designated only when the Crime was not committed within any State.

The United States did not acquire subject-matter jurisdiction by bringing the trial in a Place directed by Congress if the Crime was committed within the State of Georgia.

At least, that's my reading of both the Constitution and Sherry Jackson's appeal.

Fortunately, our laws are not dependent on your reading.