Cameron Miranda
Federal crimes are offenses that violate US federal laws and are prosecuted by government agencies like the FBI. These crimes are tried in federal courts, where judges are nominated by the president and serve for life. Federal prosecutors are known for their tenacity and have a high conviction rate. While federal and state laws occasionally overlap, allowing both federal and state prosecutors to pursue a case, the Department of Justice has no authority to intervene in matters of state law. State police can arrest people for violations of federal criminal law if authorized by state law, and federal law does not prohibit them from arresting people for criminal violations of federal immigration laws.
| Characteristics | Values |
|---|---|
| Can federal agents charge people with violations of state laws? | No, federal agents cannot charge people with violations of state laws. Federal agents can only charge people with violations of federal laws. State and local prosecutors handle cases arising under state law. |
| Who prosecutes federal crimes? | The U.S. Attorney's Office represents the United States in federal cases, which are heard in federal courthouses throughout the country. |
| Who prosecutes state crimes? | State and local prosecutors (e.g., district attorney, county/city prosecutor, or state attorney general's office) handle cases arising under state law. |
| Can federal and state laws overlap? | Yes, occasionally, federal and state laws may overlap, allowing both federal and state prosecutors to pursue a case. For example, bank robbery may violate both state and federal laws. |
| Can state and local police arrest people for violations of federal law? | In some cases, yes. For example, Connecticut law authorizes state and local police to arrest people for violations of federal criminal law. However, it depends on whether federal law explicitly or implicitly allows them to make an arrest for a specific federal crime. |
| Can state and local police arrest people for violations of federal immigration law? | Federal immigration law explicitly authorizes state and local police officers to enforce civil provisions of immigration law under certain circumstances, such as through written agreements with the U.S. Attorney General. |
| What happens if someone violates civil rights laws? | Victims of civil rights violations can report to the FBI or their local U.S. Attorney. They may also sue the violators under the Civil Rights Act of 1871 (42 U.S.C. § 1983) or for emotional distress. |
| What are some examples of federal civil rights violations? | Conspiracy to injure, threaten, or intimidate someone for exercising their legal rights (18 U.S.C. § 241); Depriving people of their constitutional rights (34 U.S.C. § 12601); Injuring someone due to their actual or perceived protected characteristics (18 U.S.C. § 249). |
What You'll Learn
Federal law violations
The Central Violations Bureau (CVB) is a national centre charged with processing US District Court Violation Notices, issuing tickets, and receiving payments for offences committed on federal property.
Some examples of federal law violations include:
- Conspiracy to injure, threaten, or intimidate someone for exercising constitutional or legal rights (18 U.S.C. § 241)
- A pattern or practice by law enforcement officials to deprive people of their constitutional rights (34 U.S.C. § 12601)
- Injuring or attempting to injure someone due to their actual or perceived religion, national origin, race, gender, sexual orientation, gender identity, or disability (18 U.S.C. § 249)
Additionally, federal prosecutors can charge police officers with civil rights violations, such as in cases of police brutality or when officers are acquitted of using excessive force. Victims of such violations can report to the FBI or their local US Attorney and may also sue the police for violating their civil rights under the Civil Rights Act of 1871 (42 U.S.C. § 1983) or sue for emotional distress.
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Civil rights violations
Federal agents can charge people with violations of state laws. Federal crimes are offences that violate US federal laws and are prosecuted by government agencies like the Federal Bureau of Investigation (FBI). The FBI is the primary federal agency responsible for investigating possible violations of federal civil rights statutes. These laws protect the civil rights of every person within the United States, including non-citizens. The FBI works with its partners to prevent and address hate crimes, colour of law violations, and Freedom of Access to Clinic Entrances (FACE) Act violations.
The ""specific intent" standard is challenging to meet, which is why the Justice Department often resists bringing charges in cases of killings by police. However, the federal government has secured convictions in some famous cases, such as the "Mississippi Burning" murders of three civil rights workers in the 1960s and the police officers who beat Rodney King in the early 1990s.
Victims of civil rights violations can also sue the police for violating their civil rights under the Civil Rights Act of 1871 or sue law enforcement for emotional distress. The legal standard of proof is lower in these civil lawsuits than in criminal cases. However, governmental defendants may be protected from liability under immunity laws.
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State law violations
However, there is some overlap between federal and state laws, and in certain situations, both federal and state prosecutors can pursue a case. For example, bank robbery may violate both state and federal laws, and federal law may authorize state and local police officers to enforce specific provisions of immigration law. In Connecticut, for instance, state law authorizes state and local police to arrest individuals for violations of federal criminal law, but this authorization may vary from state to state.
In cases of civil rights violations, victims can report the incident to the FBI or their local U.S. Attorney. The Justice Department may charge defendants under federal civil rights violations, including conspiracy to injure, threaten, or intimidate someone for exercising their legal rights, and hate crimes. State prosecutors, on the other hand, are more likely to use other criminal laws, such as unlawful use of excessive force, to prosecute civil rights violations.
It is important to note that individuals facing allegations of violating state laws should consult with local law enforcement agencies, their state's Attorney General's Office, or appropriate state or local officials, as the Department of Justice does not have the authority to intervene in matters of state law.
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Federal vs. state charges
Federal crimes are violations of US federal laws, which are prosecuted by federal government agencies like the FBI. These agencies have jurisdiction over issues that deal with violations of federal statutes or the US Constitution and are prosecuted in federal courts. Federal crimes often carry more severe penalties than those levied by state courts.
State and local prosecutors, on the other hand, handle cases arising under state law, created by each state's legislature. State laws are enforced by state and local police officers, who have the authority to arrest individuals for violations of federal criminal law, depending on the specific crime. For example, in Connecticut, state and local police can arrest people for violations of federal criminal law, but it depends on whether federal law allows them to make an arrest for a particular federal crime.
In some cases, federal and state laws may overlap, allowing both federal and state prosecutors to pursue a case. For instance, bank robbery is a crime that can violate both state and federal laws. Federal prosecutors can also charge defendants with civil rights violations, hate crimes, and conspiracy.
It is important to note that the Department of Justice does not have the authority to intervene in matters of state law. They can only assume jurisdiction when there has been a violation of federal law. If an individual believes they have been a victim of a civil rights violation, they can report it to the FBI, their local US Attorney, or the Department of Justice's Civil Rights Division.
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Federal criminal cases
The Department of Justice (DOJ) can assume jurisdiction only in cases involving violations of federal law. State and local police officers' authority to enforce federal immigration law is less clear, but it appears that federal law does not prohibit them from arresting people for criminal violations of federal immigration laws. However, whether they can legally make an arrest for a specific federal crime depends on whether federal law explicitly or implicitly allows them to do so.
In federal criminal cases, individuals have the right to legal representation, and they can be provided with a federal public defender if they cannot afford an attorney. It is important to note that federal investigations and criminal charges can be intimidating, and individuals under investigation should learn about their rights and seek legal advice to protect themselves.
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Frequently asked questions
No. Federal agents can only charge people with violations of federal law. State and local prosecutors represent the state for cases arising under state law.
Some federal crimes include narcotics, bank robbery, wire fraud, mail fraud, tax fraud, civil rights violations, and gun crimes.
You can direct your complaint and supporting evidence to the Department of Justice's Civil Rights Division. You can also report it to the FBI or your local U.S. Attorney.
Yes, federal agents can charge state or local police officers with violations of federal law. For example, federal prosecutors can charge police officers with civil rights violations.
