Criminal law in the Taney Court

Background

The basic structure of the federal criminal system remained the same during Chief Justice Taney's tenure as it had been during Chief Justice Marshall's tenure. The Judiciary Act of 1789 divided original jurisdiction for the trial of federal crimes between the United States district courts and the United States circuit courts. The district courts were given jurisdiction over all federal crimes "where no other punishment than whipping, not exceeding thirty stripes, a fine not exceeding one hundred dollars, or a term of imprisonment not exceeding six months, is to be inflicted." The circuit courts were given concurrent jurisdiction over these crimes, and exclusive jurisdiction over all other federal crimes. The circuit courts also exercised appellate jurisdiction over the district courts, but only in civil cases.

The Judiciary Act of 1789 also placed the responsibility for prosecuting federal crimes in the United States Attorney for each United States federal judicial district. The Act provided that "there shall be appointed in each district" a "person learned in the law to act as attorney for the United States in such district, who shall be sworn or affirmed to the faithful execution of his office, whose duty it shall be to prosecute in such district all delinquents for crimes and offences, cognizable under the authority of the United States."

Counterfeiting

Section 20 of the Crimes Act of 1825 prohibiting counterfeiting. In United States v. Marigold (1850), the Court held that this was a Constitutional exercise of Congress's power to punish counterfeiting.

Indian country

Section 25 of the Nonintercourse Act of 1834 provided federal crimes governing areas under exclusive federal jurisdiction would apply in Indian country, with an exception for Indian-on-Indian crimes. In United States v. Rogers (1846), the Court held that the exception did not apply to defendants who were white persons who were adopted by Indians.

Naval timber

An 1831 statute prohibited the taking of trees reserved for the use of the United States—specifically, "any life oak or red cedar tree or trees, or other timber." In United States v. Briggs (Briggs II) (1850), the Court held that the "other timber" language was not limited to trees used for naval purposes, even though that was the purpose of the statute.

Shipwreck theft

Section 9 of the Crimes Act of 1825 prohibited removing goods from a wrecked ship "within the admiralty or maritime jurisdiction of the United States." In United States v. Coombs (1838), the Court held that the act did not extend to a defendant who had purloined several textile goods from a beached boat above the high tide line because there was no federal criminal admiralty jurisdiction beyond that point.

Slave trading

The Slave Trade Act of 1800 prohibited U.S. citizens from participating in the international slave trade. In United States v. Morris (1840), the Court held that the offense could be charged even if the vessel—fitted out for slave trading—was apprehended before slaves were taken aboard.

Criminal procedure

In United States v. Reid (1851), the Court held that § 34 of the Judiciary Act of 1789—also known as the Rules of Decision Act (RDA)—applied only in civil, not criminal, cases. Whereas the RDA would have incorporated post-1789 changes in state law, the Court held instead that the Judiciary Act of 1789 adopted state rules of criminal procedure as they exited in 1789, unless inconsistent with a more specific federal statute.

Constitutional issues

In the Taney Court, for the first time, the Court was asked to apply the criminal provisions of the Bill of Rights to the states. In Fox v. Ohio (1847) and Moore v. Illinois (1852), the Court reject the argument that the Double Jeopardy Clause was violated by permitting the state and federal government to criminalize the same conduct (which could hypothetically lead to duplicative prosecutions). Justice McLean dissented in both cases on constitutional grounds. The Court was not called on to consider a case in which dual prosecution had actually occurred.

In United States v. Nickerson (1854), a federal case, the Court held that a second indictment after acquittal should be dismissed because of double jeopardy. The statute at issue punished false statements on an application for a subsidy for cod fishing vessels. The defendant had submitted multiple false statements. The issue was whether the first indictment—which referred only to statements required by the subsidy statute—reached all the statements named in the second indictment. The Court held that all the statements were required by the statute and thus prior jeopardy barred the second prosecution.

United States v. Dawson (1854) concerned a murder committed in the Indian Territory by a non-Indian defendant, a crime which by statute was triable in Arkansas. Between the murder and the trial, the District of Arkansas had been subdivided into the Eastern and Western Districts of Arkansas. The Court held that the Vicinage Clause of the Sixth Amendment, which requires a jury drawn from the state and district wherein the crime was committed, had no application to crimes committed outside of a U.S. state.

Article Three, Section Two, Clause Three of the Constitution provides: "The Trial of all Crimes . . . shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed."

In United States v. Jackalow (1861), the Court held that Article Three venue must be established by facts found by a jury. The act of piratical murder by Jackalow was alleged to have occurred on the high seas, between the waters within the jurisdiction of the states of New York and Connecticut; New Jersey was the first state into which Jackalow was brought upon capture. An 1820 anti-piracy statute provided that, if the crime occurred on the high seas, venue was proper in the first state into which the defendant was brought after capture. The Court held that—although the boundary of New York and Connecticut state waters were a question of law for the judge—the location of the crime was a question of fact for the jury. Thus, Jackalow was granted a new trial.

Evidence

In United States v. Wood (1840), the Court held that the false statement (in connection with customs) could be proved up by the entries in the customs house logs, as opposed to testimony, without violating the best evidence rule.

In United States v. Murphy (1842), the Court held that a victim of theft was competent to testify in a criminal theft prosecution because the victim is not formally an interested party; even if the victim might later file a civil suit, any fine or forfeiture would pass to the government.

In United States v. Reid (1851), the Court held that a jointly-indicted, separately-tried codefendant was not competent to be called as a witness.

Other

In United States v. Hardyman (1839), the Court held that an indictment for knowingly possessing treasury notes stolen from the mail was insufficient if it misdescribed the interest rate printed on the note. In United States v. Staats (1850), the Court held that an indictment for fraud need not charge "felonious intent" in addition to fraudulent intent.

In United States v. Reid (1851), the Court held harmless the fact that two jurors had read a newspaper article that summarized the evidence in the case, determining that the newspaper article did not influence the verdict.

In Ex parte Wells (1855), the Court held that the President has the power to grant a conditional pardon (i.e. the power to commute a sentence of death to life imprisonment); Judge McLean dissented on the merits.

The Crimes Act of 1790 gave 20 peremptory challenges to capital defendants and 35 to treason defendants. An 1840 statute provided that federal jury selection should follow state procedures in the absence of a more specific federal statute. In United States v. Shackleford (1855), the Court held that—with regard to peremptory challenges by prosecutors in capital and treason cases—the Crimes Act controlled, and thus prosecutors were to be given no peremptory challenges, even if they would have such challenges under the laws of the relevant state. Ten years later, Congress abrogated Shackleford, granting prosecutors five peremptory challenges in treason and capital cases (and two in non-capital felony cases); the 1865 act left the defendant's number of peremptory challenges unchanged.