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How Federal Criminal Cases Differ from State Cases

March 21, 2024 Uncategorized

 

How Federal Criminal Cases Differ from State Cases

When someone commits a crime, they can face charges at either the state or federal level. Both court systems have important differences that affect how cases proceed and what kind of penalties defendants may face. This article will break down the key distinctions between state and federal criminal cases in a simple, conversational way.

Court Structure

The federal court system was created by Article III of the U.S. Constitution. It consists of district courts, circuit courts of appeal, and the Supreme Court. Federal judges are nominated by the President and confirmed by the Senate – they serve lifetime appointments.

State courts are established by state constitutions and laws. They include trial courts, intermediate appellate courts, and state supreme courts. State judges may be appointed or elected, with set terms that vary by state.

Jurisdiction Over Crimes

Most criminal cases are tried in state courts, since they cover violations of state criminal laws. Federal courts have jurisdiction when crimes involve:

  • Federal laws, like civil rights, bankruptcy, copyright, etc.
  • The U.S. government as a party, like tax fraud or theft of government property
  • Multiple states, like interstate drug trafficking or kidnapping
  • U.S. territories and land, like crimes in national parks

Federal courts can also take cases questioning the constitutionality of state laws. Due to the Supremacy Clause, federal law trumps state law when there is a conflict.

Case Volume and Speed

State courts handle many more cases than federal courts – over 90% of all criminal prosecutions take place at the state level. This means state courts are often overburdened, leading to delays. Federal courts have more resources per case and move faster.

For example, it’s common for state trials to get postponed many times before they happen. Federal cases stick to stricter schedules.

Sentencing and Penalties

Federal charges often come with harsher punishments:

  • Federal drug crimes have mandatory minimums harsher than state laws.
  • Federal sentencing guidelines eliminate parole and limit probation.
  • Life sentences are more common in federal cases.
  • Federal prisons may be higher security than state prisons.

However, states have been enacting tougher sentencing laws too. “Three strikes” laws, for example, mandate long sentences after three convictions.

Rules of Evidence and Procedure

Federal courts follow the Federal Rules of Evidence and Criminal Procedure, which aim to standardize processes nationally. State courts follow their own rules, which vary widely by state.

This means federal court procedures stay consistent everywhere, while state procedures differ across states. Defense lawyers must understand each state’s unique laws.

Selection of Judges and Juries

Differences in juror selection may lead to different trial outcomes between federal and state court:

  • Federal juries are drawn from a wider geographic area than state juries.
  • Federal jury pools have higher education levels on average.
  • Federal judges are appointed, while many state judges are elected.

These factors can shape how juries and judges view cases and defendants.

Pretrial Detention

The Bail Reform Act gives federal judges more power to detain defendants before trial if they are considered dangerous or a flight risk. Many states have moved in a similar direction with pretrial detention policies.

Critics argue federal pretrial detention unfairly penalizes the poor. But supporters say it’s needed for public safety in serious cases.

Plea Bargaining

Over 90% of criminal convictions result from plea bargains in both state and federal courts. But federal prosecutors may have more leverage to secure pleas:

  • Harsher federal sentencing gives them more room to negotiate.
  • Broader federal resources allow them to build strong cases.
  • High federal conviction rates encourage defendants to plead out.

This power differential leads to questions about the fairness of federal plea deals.

Appeals Process

State court decisions on federal law can be appealed up to the U.S. Supreme Court. For state law issues, state supreme courts have the final say.

Federal criminal cases are appealed to the circuit courts of appeal and then the U.S. Supreme Court. Appellate oversight aims to correct legal errors made at the trial level.

Pros and Cons

Each system has advantages and disadvantages for prosecutors and defendants:

  • Federal pros: More resources, harsher penalties, less case backlog
  • Federal cons: Tougher sentencing, broader pretrial detention
  • State pros: Local focus, jury pools, elected judges in some states
  • State cons: Overloaded dockets, disparity across states, fewer resources

Understanding these key differences allows defendants to navigate both court systems and build effective legal strategies.

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Todd Spodek

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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