ment of a
district judge from one district to another, conformably to statute,
does not create a new judicial district whose boundaries are undefined
nor subject the accused to trial in a district not established when the
offense with which he is charged was committed.[40] For offenses against
federal laws not committed within any State, Congress has the sole power
to prescribe the place of trial; such an offense is not local and may be
tried at such place as Congress may designate.[41] The place of trial
may be designated by statute after the offense has been committed.[42]
Definition of Crime
The effect of the clause entitling an accused to know the nature and
cause of the accusation against him commences with the statutes fixing
or declaring offenses. It adopts the general rule of the common law that
such statutes are not to be construed to embrace offenses which are not
within their intention and terms. Under this clause it is necessary that
a crime "be in some way declared by the legislative power"; it "cannot
be constructed by the courts from any supposed intention of the
legislature which the statute fails to state."[43] A criminal statute
which is so vague that it leaves the standard of guilt to the "variant
views of the different courts and juries which may be called on to
enforce it"[44] cannot be squared with this provision. Thus it was held,
in the United States v. Cohen Grocery Co.,[45] that a statute making it
unlawful "for any person willfully * * * to make any unjust or
unreasonable rate or charge in handling or dealing in or with any
necessaries" was unconstitutional because it was not "adequate to inform
persons accused of violation thereof of the nature and cause of the
accusation against them."[46] But a provision of the Immigration Act[47]
which makes it a felony for an alien against whom a specified order of
deportation is pending to "willfully fail or refuse to make timely
application in good faith for travel or other documents necessary to his
departure" is not, on its face, void for indefiniteness.[48]
An important aspect of this problem was presented, but not definitely
settled, in Screws _v._ United States.[49] There State law enforcement
officers had been convicted of violating a federal law making it a crime
for anyone acting under color of any law willfully to deprive anyone of
rights secured by the Constitution of the United States.[50] The
indictment charged that in beating to deat
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