The Role of Jurisdiction and Precedent in Criminal Law

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Role of Jurisdiction and Precedent in Criminal Law

Meshunna D. Ross

Walden University

CRJS 2003

Professor Gregory Koehle

January 3,2020

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Part One

The state police and the county sheriff department have jurisdiction over the Case of the

Missing tribe Member. The incident occurred within a specific state where the state police and

the county sheriff department has jurisdiction. The state police have a statewide mandate of

initiating law enforcement criminal activity. It also has the authority to perform duties beyond

the county sheriff, such as the enforcement of the traffic laws, managing the state security, and

coordinating the multi-jurisdictional task force activities. Notably, the county sheriff's

department is also responsible for keeping peace and enforcing the law, answerable to citizens in

the respective county and the individual constitution. Therefore, the state police and the county

sheriff department meet the legal and constitutional threshold to take over the missing person

(Lowatcharin & Stallmann, 2017). The two municipalities may not be interested in assuming the

jurisdiction since the case extended to more than fifty miles away from their area of jurisdiction.

The FBI is the ideal agency to take over 'The Case of the Internet Relationship' (14

fourteen-year-old Ana in Colorado and Eric, who lives in New Mexico). The federal law allows

the FBI to investigate federal crimes and collect intelligence to aid other law enforcement

agencies (Osowski, 2018). The case of Ana is associated with cybercrime, where the FBI has full

jurisdiction. The state police have jurisdiction over 'The Case of Cannabis Oil.' Each state has

enacted its law about the use of cannabis, which the investigative officers will be guided in

executing its mandate.

Part Two

'The Case of the Internet Relationship' should be handled by the Federal Bureau of

Investigation. Ana is a Colorado resident, while the internet boyfriend (Eric) is a resident of New

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Mexico. The county sheriff department's state police cannot claim the authority of the case since

it outside their area of jurisdiction. The power of the state police is limited within the respective

state. Notably, the incident started on the internet where the FBI has the necessary and federal

authority to carry out the investigation and prosecution of the culprit before a law court.

There is a combination of the federal authority that gives the FBI mandate to take over

the Ana-Eric case. FBI is tasked with using advanced intelligence tools such as surveillance or

recruiting the sources to arrest and prosecute Eric for violation of Ana's fundamental rights and

other applicable laws as enshrined in the supreme law of the land. The Federal Bureau of

Investigation can switch between intelligence collection and action instead of other domestic law

enforcement agencies in other parts of the United States of America. It is also easy for the FBI to

streamline the process of gathering intelligence on the subject (in this case, Eric), learn about the

social activities (Messenger chats), and expedite the arresting process arraigning him before a

competent court of law.

FBI has jurisdiction over a range of crimes (Osowski, 2018). For example, violent crime,

international crime, and other organized crimes fall under its jurisdiction. According to Title 28,

U.S. Code, Section 533, the Federal Bureau of Investigation has the authority to invest crimes

that are not exclusively assigned to either Colorado or the New Mexico state. Title 18, U.S.

Code, section 3052 authorizes the FBI to conduct an investigation, make timely arrests, and

serve court warrants (Sampathkumar, 2020). The authorities' combination makes the FBI the

right and relevant law enforcement agency to track down the criminal activities of Eric (resorting

to manipulative social mechanisms and use of alcohol) to involve a minor in adult activities and

finally kidnap her.

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There is no doubt that Eric is not only a kidnapper but a cyber-criminal; the right area of

interest for the FBI. As a child predator, he relied on the internet to take advantage of the

unsuspecting Ana. He leveraged the best online scheme of victimizing her for his selfish goals.

Therefore, the federal authorities and other legal requirements place the FBI at the center stage of

taking over the criminal investigation until Eric is brought to account. The FBI has the best cyber

strategy for imposing risk and the consequences of any form of cyber adversaries

(Sampathkumar, 2020). FBI has the best tools for changing the behavior of Eric and other

cybercriminals who are focused on preying on the United States' minor citizens. Eric understands

the psychology of the fourteen-year-old Ana. He moved with speed by sharing photos of pets,

selfies, and other personal information contrary to the United States of America's constitution. In

a nutshell, I highly recommend the Federal Bureau of Investigation to take over this matter since

it the best federal agency with full jurisdiction and expertise resources for bringing Eric to

account.

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References

Lowatcharin, G., & Stallmann, J. I. (2017). Developing a Cross-National Index of Police

Decentralization. Social Science Asia, 3(4), 29-53. Retrieved from

https://socialscienceasia.nrct.go.th/index.php/SSAsia/article/view/4

Osowski, K. (2018). Investigating a Serial Killer: The Development of the FBI’s Role Told

Through Public Documents. Step 46, 19.

Sampathkumar, M. (2020). Inside the FBI. Enslow Publishing, LLC. ISBN 9781978507357.

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