How Federal Criminal Cases Differ from State Cases

| by Max Soni

Last Updated on: 21st September 2023, 11:03 pm

Federal Criminal Trials: How Federal Criminal Cases Differ from State Cases

When a crime is committed, most people assume it will be tried in state court under state laws. But some criminal cases actually fall under federal jurisdiction and get tried in federal court. So what’s the difference between state and federal criminal cases, and why does it matter?

The biggest difference is jurisdiction – which court has the power to hear the case. State courts have very broad jurisdiction over most criminal cases. Federal courts have limited jurisdiction, only hearing cases involving federal laws, federal officials, or crimes that cross state lines.

Key Differences

Here are some of the key differences between state and federal criminal trials:

• State cases are brought by district attorneys or prosecutors, federal cases by U.S. Attorneys
• Federal cases require grand jury indictment, states don’t always
• Federal magistrate judges handle pre-trial matters, not trials
• Federal crimes have set punishments, states can punish more harshly
• More legal resources for federal prosecutors and defenders
• Federal jury selection aims for more geographic, ethnic, racial diversity
• Federal sentencing guidelines impact sentences, not binding in states
• Federal prisons often seen as more desirable than state prisons

Jurisdiction

The type of crime determines whether a case will be tried in state or federal court. Federal courts handle:

• Federal crimes like tax evasion, mail fraud, civil rights violations
• Crimes committed on federal land like national parks
• Crimes crossing state lines like kidnapping or interstate drug trafficking
• Cases involving federal officials, federal property or foreign diplomats

All other crimes, like robbery, assault, rape, and murder, fall under state laws and state court jurisdiction. States also try most drug crimes, white collar crimes, and juvenile cases.

Prosecution Differences

While both state and federal prosecutors aim to serve justice, there are some key differences in how they operate:

• U.S. Attorneys are appointed by the President, state prosecutors are elected or appointed at the state level.
• Federal prosecutors handle fewer cases with more resources.
• Higher status and prestige associated with being a federal prosecutor.
• U.S. Attorneys all follow the same Department of Justice guidelines, state practices vary.

This means federal prosecutors may be more selective in the cases they pursue and can devote more time and money to each case. They have access to experts, investigators, and other resources that local prosecutors may lack.

Grand Juries

Federal felony cases require a grand jury indictment, while states don’t always use grand juries. The federal grand jury determines if there is probable cause to charge the defendant based on evidence presented by the prosecutor. Grand jury proceedings are closed to the public.

Critics argue federal grand juries are just a rubber stamp for prosecutors. But defenders say they provide a check on unbridled prosecutorial power and avoid weak cases going to expensive trials.

Sentencing Differences

Federal crimes tend to have mandatory minimum sentences set by statute. This means judges have less discretion at sentencing. States laws vary, but judges often have more leeway on sentencing terms.

There are also federal sentencing guidelines judges must consider, though they aren’t binding. The guidelines aim to reduce disparities between similar cases. Some argue they are too harsh and mechanical.

Prison Differences

Those convicted in federal court generally serve their time in federal prisons, while state convictions mean time in state facilities. The federal Bureau of Prisons runs prisons seen as more desirable than many state prisons.

Federal prisons often have lower inmate-to-staff ratios and better programming and medical care. However, some states like Colorado are improving their prisons. The location of the prison can heavily impact family visitation.

Appeals Process

Both state and federal trials can be appealed to higher courts. For federal criminal cases:

• Appeals first go to the Circuit Court of Appeals
• Final appeal is to the U.S. Supreme Court
• Supreme Court rejects most appeals, only hears about 1% of cases

State supreme courts are usually the last resort for state appeals. But their decisions on federal law can be appealed to the U.S. Supreme Court.

Legal Resources

The quality of legal representation often depends on the court system. Public defenders handle most indigent defense in both systems. But federal public defenders generally have more reasonable caseloads and access to experts and investigations. Big law firms often help with federal appeals pro bono, a resource lacking in state appeals.

Jury Pools

Juries in federal cases are drawn from a wider geographic area than a state court jury. This is meant to create a more diverse jury pool reflecting the broader community. Federal jury selection procedures aim for a mix of gender, ethnicity, age, and socioeconomic status.

But critics argue more should be done to address racial disparities in federal juries and over-representation of certain socioeconomic groups.

Implications

The differences between state and federal criminal cases impact defendants in important ways:

• Prosecutorial resources can influence outcomes
• Sentencing disparities affect punishment severity
• Prison conditions impact a defendant’s experience
• Legal resources affect the quality of representation

There are also policy implications:

• Harsher federal drug sentences contributed to mass incarceration
• Sentencing guidelines reduced disparities but limited judicial discretion
• Grand juries are not the check on prosecutors they were meant to be
• Racial, socioeconomic bias still a factor in federal juries

Reforming these policies could help address inequities in the federal justice system.

The Bottom Line

While federal criminal trials have some key procedural differences, both state and federal prosecutors aim to deliver justice. Understanding the differences can help defendants know what to expect in each system. There are also opportunities for reforms that could improve fairness and address bias in federal criminal cases.

References

Criminal Cases. United States Courts. https://www.uscourts.gov/about-federal-courts/types-cases/criminal-cases

Comparing Federal & State Courts. United States Courts. https://www.uscourts.gov/about-federal-courts/court-role-and-structure/comparing-federal-state-courts

Steps in the Federal Criminal Process. U.S. Department of Justice. https://www.justice.gov/usao/justice-101/steps-federal-criminal-process

What Makes Federal Criminal Cases Different? Burnham & Gorokhov, PLLC. https://www.burnhamgorokhov.com/criminal-defense-resources/federal-criminal-process/what-makes-federal-criminal-cases-different/

What is the Difference Between State and Federal Criminal Cases? The Fast Law Firm. https://fastlawpc.com/what-is-the-difference-between-state-and-federal-criminal-cases/

Differences in State vs Federal Cases. White Collar Criminal Defense Attorneys. https://whitecollarattorney.net/state-vs-federal-cases/