What is a long arm statute? The answer varies depending on who you ask. The law generally refers to an act that grants sweeping new powers to courts when they are exercising jurisdiction over nonresidents who may be subject to the judgments of other states. That power, more commonly referred to as long-arm jurisdiction, is a historical relic dating back to the 7th century. The primary reason for encouraging state and local governments to use long arm statutes was the desire to limit the powers of English common law and to provide justice to those within the realm of the seven kingdoms (Brittan, England, Scotland, Ireland, Wales, and Northern Ireland).
Today, long-arm jurisdiction continues to enjoy support from many quarters: Proponents of this form of jurisdiction argue that the long-arm statute provides safeguards against unwarranted lawsuits, because it enables judges to limit common law claims to cases arising within the jurisdictions that the parties actually reside. Opponents argue that long-arm statutes limit both the flexibility and the liberty of individuals. They fear that claims brought by individuals outside of their homes may not be treated on par with claims brought within the state, a move that could render the long-arm statute toothless.
A common law theory held sway over much of American history: holding that English common law was no longer in force and must be replaced with a universal system. In order to do so, courts insisted that all acts performed by residents of a state were construed according to the same principles of common law, whatever those principles might once have been. For example, a claim by an American citizen to freedom from imprisonment would have been denied the protection of a common law right to pursue such claims outside of the state. This principle was used to prevent claims of mistreatment by police officers, which in turn limited the remedies available to victims. It also limited the damages recoverable by victims of criminal acts.
Today, most long-arm statutes contain common law elements: but have been modernized to reflect modern realities. Some of these changes have been purely political in nature, with proponents of a change arguing that the changes serve to benefit certain groups or demographics in society. Opponents frequently point out that the changes do not benefit anybody, as the same regulations are in place regardless of whether the defendant is a resident or non-resident of the state. Whether what is a long arm statute affects the legal rights of one state or another is ultimately decided by the state’s laws under the US Constitution, not by what is commonly understood as the long-arm statutes.
As a result, there is no universal definition of what is a long-arm statute: Each state is responsible for establishing its own interpretation of what is a long-arm statute, as well as how it defines its own definition. While there are arguments about what the meaning of a long-arm statute should be, most legal professionals agree that it refers to any criminal statute that has a maximum term of imprisonment of more than one year. The definition also may include an element of double jeopardy, which requires the convicted offender to stand trial again if he or she is found guilty of the same crime charged in the original case. In addition, the phrase “long-arm” may be used to describe any element of an offense that is considered to be a crime under the totality of the law.
However, when discussing what is a long-arm statute: it is important to remember that the legislature may not increase the maximum prison term for a crime in an effort to create stricter sentencing. This is because the legislature is never required to tailor punishments to fit specific crime types, although it is often done to ensure that the criminal justice system responds appropriately to crimes of a certain class.
Regardless of the specific definition of a long-arm statute, a conviction for a long-arm offense is a serious matter that must be handled through the legal system and the services of a qualified defense attorney.
