NATIONALLY RECOGNIZED FEDERAL LAWYERS

21 Sep 23

Federal Crimes

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Last Updated on: 29th September 2023, 09:05 am

Federal Crimes

Federal crimes, also known as federal offenses, are crimes that violate U.S. federal laws. They differ from state crimes, which violate state laws. Some key things to know about federal crimes:

  • They are prosecuted by the U.S. Department of Justice in federal courts.
  • They often involve interstate commerce, federal property, or constitutional rights.
  • They can be felonies or misdemeanors with penalties ranging from fines to life in prison or death.

Some examples of federal crimes include:

  • Drug trafficking across state or national borders
  • Mail and wire fraud
  • Bank robbery
  • Child pornography
  • Civil rights violations
  • Counterfeiting
  • Computer hacking
  • Identity theft
  • Immigration violations

Sources of Federal Criminal Law

There are several sources of federal criminal law in the United States:

  • The U.S. Criminal Code (Title 18 of the U.S. Code) – This contains many federal crimes including fraud, theft, forgery, and counterfeiting offenses.
  • Other titles of the U.S. Code – These contain federal crimes related to specific subject areas like Title 21 (food and drugs) and Title 26 (tax code).
  • Federal regulations – These are rules created by federal agencies that can carry criminal penalties if violated.
  • Federal common law – This is law developed through court decisions rather than statutes.

Congress has the power to create new federal crimes by passing criminal statutes. Federal agencies like the DEA and SEC can also enact regulations that include criminal provisions.

Investigation and Prosecution

Federal crimes are investigated by agencies like the FBI, DEA, ATF, IRS, Secret Service, and Postal Inspection Service. After investigating, these agencies can refer cases to U.S. Attorneys for prosecution.

To convict someone of a federal crime, federal prosecutors must prove these elements:

  • The defendant’s conduct violated a federal criminal statute
  • The defendant acted with criminal intent (mens rea)
  • The defendant’s action met all elements of the specific crime

Those accused of federal crimes have many legal defenses available including showing they did not commit the crime, they lacked criminal intent, or they were entrapped.

Sentencing and Punishment

Those convicted of federal crimes face a wide range of punishments:

  • Probation – Offenders remain free but must follow court-imposed conditions.
  • Fines – These are monetary penalties paid to the government.
  • Restitution – Offenders must repay victims for losses.
  • Forfeiture – Property connected to the crime can be seized.
  • Imprisonment – Jail or prison time ranging from 1 year to life without parole.
  • Death penalty – Available for serious offenses like murder, treason, or drug kingpins.
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Federal judges use the U.S. Sentencing Guidelines to determine appropriate sentences based on the crime and offender’s criminal history.

Federal vs. State Crimes

Federal and state criminal laws often overlap. The same act, like drug possession, can sometimes violate both federal and state laws. Key differences include:

  • Federal crimes often involve interstate or international activity. State crimes usually occur within one state.
  • Federal crimes are prosecuted in federal courts by federal prosecutors. State crimes are prosecuted in state courts.
  • Federal prisons house those convicted of federal crimes. State prisons house those convicted of state crimes.
  • Federal crimes may get more severe punishments due to mandatory minimum sentencing laws.

In cases with overlapping federal/state jurisdiction, either sovereign may prosecute first under the “dual sovereignty doctrine.”

Controversies and Reform Efforts

Some controversies related to federal criminal law include:

  • Over-federalization – Too many traditionally state crimes are being federalized.
  • Mandatory minimums – These reduce judicial discretion and lead to harsh sentences.
  • War on Drugs – Critics argue drug prohibition causes more harm than good.
  • Mass incarceration – The U.S. has the world’s highest incarceration rate.
  • Sentencing disparities – Punishment varies based on geography, race, class, and judicial philosophy.

Reform efforts aim to reduce over-criminalization, sentencing severity, incarceration rates, and racial disparities in the federal criminal justice system.

The Future of Federal Criminal Law

Several trends are shaping the future evolution of federal crimes and punishments:

  • New technologies will lead to new cyber-based federal crimes.
  • Globalization makes international cooperation vital to fight transnational organized crime.
  • Congress will likely continue expanding the federal role in criminal law.
  • The rising cost of mass incarceration may restrain the urge to federalize more crimes.
  • Bipartisan sentencing reforms could reduce penalties and incarceration rates.
  • The Supreme Court may limit over-criminalization and over-punishment.

The breadth and severity of federal criminal law will continue being debated as values and priorities in the U.S. evolve.