A defendant was charged with arson for allegedly setting fire to a warehouse in State A, which resulted in smoke damage to a neighboring building in State B. The defendant lives in State A, and the alleged act was committed within State A. However, the authorities from both State A and State B sought to prosecute the defendant for arson. Which court, if any, has jurisdiction to prosecute the defendant for arson?
Both State A and State B have jurisdiction because the act was committed in one state, but its effects were felt in another.
State B has jurisdiction because the smoke damage affected property within its borders.
State A has jurisdiction because the alleged act occurred within State A.
Neither state has jurisdiction because the alleged act does not fall under their authority.
Both State A and State B may have jurisdiction because the effects of the defendant’s action (the fire and subsequent damage) extended into State B. In criminal jurisdiction, it is not only where the act was committed that matters but also where the results of the act occur. Since the fire caused damage in State A and smoke damage in State B, this gives both states a valid claim to jurisdiction. Other answers are incorrect as they overlook the principle of effects jurisdiction or misunderstand the constitutional constraints on jurisdiction. For example, asserting that only a single state has jurisdiction ignores the fact that jurisdiction can exist in multiple locations when effects cross state lines. Similarly, the notion that neither state has jurisdiction fails to account for the direct connection of the crime to both states.
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What is the principle of effects jurisdiction in criminal law?
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Multistate Bar Examination
Criminal Law and Procedure
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