The U.S. Constitution protects one’s right to a fair trial in a proper venue. Typically, venue is proper in whatever territorial jurisdiction a defendant commits an offense. But this rule is not as clear-cut when the offense takes place in a special jurisdiction, such as American airspace. A court must then determine whether the offense continued into the venue of arrival, making it proper under the Constitution. This issue was reexamined when Monique Lozoya assaulted another passenger on an airplane during a domestic flight. In United States v. Lozoya, the Ninth Circuit Court of Appeals failed to correctly identify the assault as a “continuing offense” and in doing so risked harming the criminal procedure process for prosecutors and offenders alike.
United States v. Lozoya: The Turbulence of Establishing Venue for In-Flight Offenses,
Tex. A&M L. Rev.
Available at: https://doi.org/10.37419/LR.V8.Arg.1