This Comment examines the use of the minimum contacts theory in the context of criminal trials against foreign corporations. The author argues that, while the jurisdictional requirement of "presence" for corporations in civil cases has undergone significant development, this same requirement in criminal cases has remained unchanged for many years, despite increasing size, number, and influence of corporations. The author suggests that criminal prosecutions of corporations will become more important in the future, and that recent cases indicate the problems presented by modern application of traditional legal concepts. The author examines the unique aspects of the privilege of "presence" in criminal trials and the underlying considerations in applying this privilege to corporations, and concludes that the civil "minimum contacts" standard is both desirable and workable for corporations in criminal trials.
David J. Homsey,
Criminal Jurisdiction over Foreign Corporations: The Application of a Minimum Contracts Theory,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol17/iss2/11