Fugitive Felon Act

The law was intended to hasten the process of apprehending and prosecuting members of armed gangs who could easily move across state lines; pre-existing procedures for interstate rendition were cumbersome and expensive and the lack of federal jurisdiction meant that state law enforcement could not cross interstate boundaries in pursuit of a criminal.

Although the FFA lists a punishment for unlawful flight, actual prosecutions under it are rare because the Act is intended as an instrument allowing federal authorities to arrest fugitives fleeing state charges.

[4] The lack of a right of law enforcement to cross state lines to pursue a criminal also presented crime-fighting difficulties that could be solved by allowing federal authorities to apprehend fugitives.

In its 1934 formulation, the Act read as follows:[7] Be it enacted, etc., That it shall be unlawful for any person to move or travel in interstate commerce from any state, territory or possession of the United States, or the District of Columbia, with intent either (1) to avoid prosecution for murder, kidnaping, burglary, robbery, mayhem, rape, assault with a dangerous weapon, or extortion accompanied by threats of violence, or attempt to commit any of the foregoing, under the laws of the place from which he flees, or (2) to avoid giving testimony in any criminal proceedings in which a felony is charged.

Violations of this act may be prosecuted only in the Federal judicial district in which the original crime to have been committed.On October 4, 1961, President John F. Kennedy approved an amendment of the bill that expanded its coverage to include fugitives fleeing prosecution for any crime punishable by death or imprisonment for greater than one year in the original jurisdiction.

[13] In 1957, the power of the Act was severely restrained when the eastern division of the Northern District of Illinois ruled in United States v. Rappaport that the law only applied to fugitives fleeing a pending prosecution.

[15] Under its current wording, the Fugitive Felon Act punishes unlawful flight with a fine and/or a prison sentence of no more than five years.