CRIMINAL PROSECUTIONSOriginally Posted by allodial
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Criminal prosecutions in the District of Columbia1 and in incorporated territories2 must conform to this Amendment, but those in the unincorporated territories need not do so.3 In upholding a trial before a United States consul of a United States citizen for a crime committed within the jurisdiction of a foreign nation, the Court specifically held that this Amendment reached only citizens and others within the United States or who were brought to the United States for trial for alleged offenses committed elsewhere, and not to citizens residing or temporarily sojourning abroad.4 It is clear that this holding no longer is supportable after Reid v. Covert,5 but it is not clear what the constitutional rule is. All of the[p.1400]rights guaranteed in this Amendment are so fundamental that they have been made applicable against state abridgment by the due process clause of the Fourteenth Amendment.6
Offenses Against the United States.—(Corporation - Not Land) - There are no common–law offenses against the United States. Only those acts which Congress has forbidden, with penalties for disobedience of its command, are crimes.7 Actions to recover penalties imposed by act of Congress generally but not invariably have been held not to be criminal prosecutions,8 as is true also of deportation proceedings,9 but contempt proceedings which were at one time not considered to be criminal prosecutions are no longer within that category.10 To what degree Congress may make conduct engaged in outside the territorial limits of the United States a violation of federal criminal law is a matter not yet directly addressed by the Court.11
https://www.law.cornell.edu/anncon/h...html#amdt6_hd5
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