NCJ Number
174981
Date Published
1998
Length
272 pages
Annotation
This report of the American Bar Association's Task Force on Federalization of Criminal Law examines whether there has been an increase in Federal crime that duplicates State crimes, and if so, whether that development adversely affects the proper allocation of responsibility between the Federal and State governments for crime prevention and law enforcement.
Abstract
The Task Force examined the U.S. Code, data available from public sources, the body of scholarly literature on the subject, the views of professionals in State and Federal criminal justice systems, and the experience of the Task Force members themselves. The Task Force concluded that the evidence shows a recent dramatic increase in the number and variety of Federal Crimes. Although it may be impossible to determine how many Federal crimes could be prosecuted today, it is clear that of all Federal crimes enacted since 1865, over 40 percent have been created since 1970. This report explains in detail how the catalog of Federal crimes increased from an initial few to the several thousand that exist today. The Task Force also concluded that much of the recent increase in Federal criminal legislation significantly overlaps crimes traditionally prosecuted by the States. This area of increasing overlap is at the core of the Task Force study. The Task Force views this federalization phenomenon as inconsistent with the traditional concept that prevention of crime and law enforcement in America are basically State functions. The Task Force believes that the congressional appetite for new crimes regardless of their merit is not only misguided and ineffectual, but has serious adverse consequences, some of which have already occurred and some of which can be confidently predicted. The Task Force does not recommend a reduction or limitation in the Federal role in fighting crime, but rather a refocusing of that role. Federal financial support of State law enforcement is crucial and ought not to be curtailed; however, there should be a legislative instruction to Federal prosecutors to restrain the use of their time and resources in prosecuting relabeled common-law crimes. The Task Force presents general principles that ought to guide the U.S. Congress in determining whether to create new Federal crimes. A 186-item bibliography, a technical appendix, and an appended statutory listing grid