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federal crime in the united states
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Federal Crime in the United States: An Overview
The federal criminal justice system handles crimes that violate federal laws – from drug trafficking, to fraud, to civil rights offenses. Understanding federal crime is important for all citizens. Let’s break it down in simple terms.
What Makes a Crime “Federal”?
For a crime to fall under federal jurisdiction, it must violate federal (not state or local) laws. This includes crimes that:
- Occur on federal property like national parks or military bases
- Involve federal officials, federal property, or federal systems like the postal service or IRS
- Cross state lines or international borders – think drug trafficking or human trafficking
- Threaten national security or involve terrorism
So if a murder happens in a national forest, the feds may get involved. But a murder on a city street would usually fall to local police and courts. Got it?
Major Federal Crimes and Laws
Some of the most common federal charges include:
Drug Crimes
Selling or transporting illegal drugs across state or national borders is a federal crime under laws like the Controlled Substances Act. Penalties depend on the drug amount and can mean huge fines and years in federal prison.
Fraud
Lying to get government benefits, contracts, loans, or property is federal fraud under laws like the Mail and Wire Fraud Act. Penalties increase if the frauds are big in scale.
Cybercrimes
Hacking, online scams, and identity theft often violate federal laws like the Computer Fraud and Abuse Act. Penalties depend on how sensitive the hacked info was.
Tax Evasion
Not paying owed taxes is a federal crime under the Internal Revenue Code. Charges can include big fines and years in prison.
Civil Rights Violations
Hate crimes and excessive force by police can lead to federal charges under laws like the Police Misconduct Statute. The feds aim to protect civil liberties.
Terrorism
Attacks meant to intimidate or coerce civilians often lead to federal charges under laws like the USA PATRIOT Act. Penalties aim to match the severity of the crimes.
Of course there are many more federal crimes – from money laundering to child exploitation to wildlife trafficking. But this covers some of the most common and serious ones.
Stages of a Federal Case
The path through the federal justice system typically includes:
- Investigation: Federal agencies like the FBI investigate potential crimes.
- Charges: If there’s strong evidence, the U.S. Department of Justice files federal charges.
- Detainment: Defendants await trial either from home or in federal detention.
- Plea Deal: Many defendants avoid trial through plea bargains with prosecutors.
- Trial: If no plea deal, trials happen before a judge and/or jury.
- Sentencing: Those found or pleading guilty receive their punishments.
- Appeals: Defendants can appeal verdicts and sentences to higher courts.
- Prison: Sentences over 1+ year send defendants to federal prisons.
The courts aim to balance rights, rehabilitation, and public safety throughout the process.
Key Differences from State Courts
There are some major ways fed cases differ from state ones:
- Federal crimes generally have harsher sentences – no parole, more prison time.
- More money gets spent investigating major fed cases.
- There are usually higher conviction rates in federal courts.
- Federal court rules are far more standardized nationwide.
- Higher profile cases like terrorism often go federal.
But most US criminal cases still go through local and state courts – federal cases are less than 5% of the total.
Debates Around Federal Criminal Justice
Aspects of the federal justice system spark debate, like:
Harsh Sentencing Laws
Laws enacted in the 1980s-90s require long mandatory minimums for many crimes. But critics argue these went “too far” and new reforms are needed.
Overcrowded Federal Prisons
The federal prison population ballooned 800% from 1980-2020. But it has dipped recently, and lawmakers propose reducing overcrowding further.
Racial Disparities
Like state courts, racial minorities often face disproportionate convictions and sentences in federal cases. There are calls to address this.
Cybercrime Challenges
Cybercrimes are major priorities now for federal agencies. But keeping up with hacking threats and online frauds through good laws and enforcement is an ongoing challenge.
The federal role in criminal justice continues evolving. But the feds focus on handling crimes representing major national threats and priorities.