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The Constitutional Problems Raised by Domestic Convictions for Foreign Crimes

Most federal criminal legislation is designed to regulate domestic affairs.[1] Over the past few decades, however, Congress has increasingly adopted several laws that apply beyond our shores. One example is the Foreign Corrupt Practices Act, which makes it a crime to bribe a foreign official, a crime that can occur overseas. In those cases, Congress has clearly defined the conduct that federal law prohibits. The question for the jury is whether a defendant engaged in prohibited conduct (with the necessary mental state) beyond our shores. ....

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