Tuesday, April 14, 2009

Piracy & The U.S. Constitution

Piracy has a rare position among crimes in the United States. It is actually enshrined in the Constitution. Article 1, Section 8, Clause 10 says Congress shall have power "to define and punish piracies committed on the high seas."
Piracy is one of the few crimes for which there has for centuries been an international consensus that states have extraterritorial jurisdiction.
In other words, any country can prosecute pirates, no matter where the bandits attack. That means the U.S. has the legal authority to bring the captive back here for trial. Prosecutors could charge him with piracy, or with a related crime, like hostage-taking. Either crime could bring a life sentence. But American courts have never tried a Somali pirate before, and experts say there are some unique challenges.
NPR story & podcast HERE
Somali piracy update HERE

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