How Federal vs State Crimes Differ: Key Distinctions

How Federal vs State Crimes Differ: Key Distinctions

Crimes in the United States are prosecuted at both the federal and state level. While there is some overlap between federal and state laws, there are several key differences that distinguish federal crimes from state crimes. Understanding these distinctions can be important for anyone facing criminal charges.

Jurisdiction

The most basic difference between federal and state crimes relates to jurisdiction – meaning which court system has the power to hear the case. Federal crimes are prosecuted in federal courts, while state crimes are prosecuted in state courts.

Federal courts have jurisdiction over federal crimes, which involve violations of federal laws passed by Congress. There are 94 federal judicial districts organized into 12 regional circuits in the federal court system.

State courts have jurisdiction over crimes that violate state laws passed by state legislatures. Each of the 50 states has its own court system made up of trial courts, appellate courts, and a state supreme court.

So if you are charged with a federal crime, your case will proceed through the federal courts. If you are charged with violating a state criminal statute, your case will go through the state court system.

Types of Laws

Federal and state legislatures have the authority to pass different types of criminal laws. This leads to key differences in the types of crimes prosecuted at each level.

Congress can only pass laws related to powers delegated to it under the Constitution. Many federal criminal laws relate to protecting federal interests – like federal tax evasion, immigration violations, or crimes committed on federal land or against federal employees.

Federal criminal laws also often focus on interstate commerce and crimes that cross state borders, like human trafficking, drug trafficking, kidnapping, or interstate violent crimes. Other federal laws aim to protect national interests, like espionage, treason, or terrorism.

Burden of Proof

An important procedural difference between federal and state criminal cases relates to the burden of proof. In both systems, the prosecution bears the burden of proving guilt “beyond a reasonable doubt.”

However, federal courts require unanimous jury verdicts in order to convict. All 12 jurors must agree on guilt “beyond a reasonable doubt” in a federal criminal trial.

In state courts, by contrast, only a supermajority of jurors – often 10 out of 12 – must agree in order to convict. So federal prosecutions face a higher burden when it comes to securing a conviction.

Double Jeopardy Implications

The Fifth Amendment protects against double jeopardy – being prosecuted twice for the same criminal offense. Because federal and state court systems are separate, the dual sovereignty doctrine allows state and federal prosecutors to pursue charges for the same crime.

For example, someone who commits an assault on federal land could potentially be tried in both federal court (for assaulting a federal employee) and state court (for the underlying violent crime). So the same criminal act could lead to both federal and state charges.

However, double jeopardy protections still apply within each system. Someone acquitted of a federal crime cannot then be charged for that same offense in federal court. The same goes for state court acquittals – that would bar a second prosecution on state charges. But the systems themselves are considered “separate sovereigns” allowing dual prosecution for the same crime.

Appeals Process

There are also key differences in the appeals process in federal vs. state courts when it comes to criminal convictions.

Federal criminal cases can be appealed to the Circuit Court of Appeals covering the district where the trial took place. There are 12 regional circuit courts. These intermediate appellate courts have multi-judge panels that review appeals from the district courts.

Ultimately, federal criminal cases can be appealed to the U.S. Supreme Court. The Supreme Court has discretionary jurisdiction over federal appeals – it can choose which cases to hear each term.

On the state side, criminal appeals go to an intermediate state appellate court first. In some states these courts are divided by geographic district. State high courts or supreme courts serve as courts of last resort for criminal defendants. Like the Supreme Court, state high courts also have discretion over which appeals they accept.

So both systems have multiple levels of appeal after a criminal conviction. However, only federal cases can ultimately be heard by the U.S. Supreme Court.