NCJ Number
145251
Journal
Criminal Justice Volume: 8 Issue: 3 Dated: (Fall 1993) Pages: 8-12,50-56
Date Published
1993
Length
12 pages
Annotation
Despite legislation that allows Federal prosecution of many offenders who never set foot on Federal property or cross State lines, only a few eligible cases are actually prosecuted federally; 19 of 20 crimes are still handled by States.
Abstract
Concurrent Federal-State jurisdiction has become a vital tool in the prosecution of sophisticated criminal enterprises operating across State or national boundaries. Concurrent jurisdiction has also become valuable in vindicating important civil rights and in pursuing State or local public corruption and police brutality cases where local effectiveness may be compromised by political pressures. Nonetheless, the author contends that Federal criminal jurisdiction has grown out of control and presents historical perspectives to support his argument. He points out that drug crimes constitute the largest and fastest growing segment of the Federal criminal docket; every drug crime that is an offense under State law can also be prosecuted federally. The number of drug offenders has overwhelmed the Federal prison system, growing from 25 percent of the prison population in 1980 to a projected 72 percent in 1997. In 13 States, criminals can be executed by the Federal Government for offenses committed entirely within the State's jurisdiction. Although Federal firearms- related prosecutions are much fewer than drug cases, they have increased dramatically in recent years. Federal crime control laws have been passed with varying degrees of effectiveness, and more are anticipated that focus on domestic violence, stalking, carjacking, drive-by shootings, and simple possession of a gun. Reforms to curtail Federal criminal jurisdiction are discussed.