Gavin Howe
The federal government of the United States derives its authority to enact criminal law from the Constitution. The Constitution grants Congress extensive legislative powers, but it explicitly empowers Congress to enact criminal law in only three areas: counterfeiting, piracies and felonies committed at sea, and treason. The federal Criminal Code includes provisions for many offenses typically handled at the state level, such as violent crimes like assault, kidnapping, and homicide, as well as non-violent financial crimes. Federal jurisdiction also extends to crimes committed on federal property or affecting multiple states, including robbery, extortion, drug trafficking, and any unlawful activity involving interstate travel.
| Characteristics | Values |
|---|---|
| Federal government jurisdiction | Robbery, extortion, loansharking, drug trafficking, interstate travel-aided crimes, tax evasion, tax fraud, civil rights violations, mail and wire fraud, violent offenses like assault, kidnapping, and homicide, and non-violent financial crimes |
| Federal property | U.S. National Parks, federal courthouses, federal prisons, the District of Columbia, Indian reservations, airplanes in flight, and ocean-going vessels at sea |
| Federal legislative authority | To declare war, to raise and support armies, to provide and maintain a navy, to make rules for the government and regulation of land and naval forces, to organize, arm, and discipline the militia, to punish counterfeiting, to define and punish piracies and felonies committed on the high seas, to set the punishment for treason |
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What You'll Learn
- Federal jurisdiction over crimes like robbery, extortion, and drug trafficking
- Federal government's authority over taxation and prosecutions for tax evasion
- Federal and state law overlap in criminal cases involving the same conduct
- Federal criminal code provisions for violent and non-violent offences
- Federal jurisdiction over crimes committed on federal property
Federal jurisdiction over crimes like robbery, extortion, and drug trafficking
The federal government is a creature of the US Constitution and enjoys no authority beyond what is outlined in the Constitution. The Constitution grants Congress extensive legislative powers, but it explicitly vests Congress with the authority to enact criminal law in only three places.
Article I, Section 8, clause 6 of the Constitution states that "Congress shall have Power ... To provide for the Punishment of counterfeiting the Securities and current Coin of the United States." The Constitution also gives Congress authority over three additional classes of crimes: "Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations." Finally, while the Constitution defines the crime of treason, it empowers Congress to set its punishment.
Federal crimes refer to offenses that violate US federal laws. They are investigated by federal law enforcement and prosecuted by US attorneys in federal courts with federal judges. Some federal crimes include robbery, extortion, and drug trafficking. Drug trafficking, for example, can be charged when an individual is found with a large quantity of an illegal drug intended for distribution rather than personal use. It also includes the cultivation or manufacture of drugs, such as growing marijuana or processing cocaine, and the distribution and trafficking of these substances.
It is important to note that federal and state drug crimes differ in terms of charges and penalties. A person charged with a federal drug crime is likely to face accusations of trafficking or other serious offenses, resulting in more severe penalties compared to state-level charges.
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Federal government's authority over taxation and prosecutions for tax evasion
The federal government's authority to levy taxes is derived from the US Constitution, specifically Article I, Section 8, Clause 1, also known as the Taxing Clause. This clause grants Congress the power to "lay and collect Taxes, Duties, Imposts and Excises" to fund federal debts, ensure national defence, and promote the general welfare of the United States. This power is subject to certain limitations and qualifications outlined in the Constitution and subsequent judicial interpretations.
While the federal government has the authority to establish and enforce tax laws, the Internal Revenue Service (IRS) is the federal agency responsible for tax administration and collection. The IRS is tasked with interpreting and enforcing the Internal Revenue Code, which contains the specific rules and regulations governing taxation in the United States.
In cases of suspected tax evasion or other financial crimes, the IRS Criminal Investigation Division conducts criminal investigations. These investigations can be initiated based on information obtained from within the IRS, such as potential fraud detected by revenue agents or officers, or from external sources, including tips from the public and ongoing investigations by other law enforcement agencies.
If the investigation uncovers evidence of criminal tax fraud or financial crimes, the findings are referred to the Department of Justice for recommended prosecution. The Department of Justice, in collaboration with IRS special agents and attorneys, will then determine whether to pursue criminal charges. Approximately 3,000 criminal prosecutions are carried out each year, serving as a deterrent and reinforcing the government's commitment to combating tax fraud.
It is worth noting that the treatment of tribal governments and instrumentalities for federal tax purposes is governed by specific statutes and may differ from that of other governmental entities. While federally recognised Indian tribal governments are recognised by the Constitution, treaties, and statutes, their tax obligations may be subject to unique considerations outlined in relevant legislation.
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Federal and state law overlap in criminal cases involving the same conduct
The federal government can make criminal laws, and there are instances where both federal and state laws can overlap in criminal cases involving the same conduct. This is because some kinds of conduct qualify as both state and federal offenses. For example, a crime that violates state law, such as murder, becomes a federal crime if the defendant moves the body across state lines. In this case, two states may separately prosecute a defendant for the same conduct without violating the Fifth Amendment's Double Jeopardy Clause.
In the case of Gross, the defendant was prosecuted under both federal and state statutes for the same conduct, i.e., the transfer of certain firearms to various categories of individuals. The Superior Court barred state prosecutors from bringing charges against Gross for the same conduct for which she had already been convicted in federal court. This was because the federal and state statutes under which Gross was prosecuted were designed to vindicate substantially the same interests, i.e., the protection of the public by prohibiting the transfer of certain firearms to various categories of individuals.
In another example, several Los Angeles police officers were involved in the beating of motorist Rodney King. In the state criminal case, the jury acquitted the officers on all but one charge. Months later, a federal grand jury indicted the officers for the same beating under a federal law punishing anyone who, acting under governmental authority, violates another person's federal rights. A federal jury ultimately convicted two of the four officers.
Federal criminal cases are typically reserved for offenses that transcend state boundaries or directly violate federal laws. The criteria for federal jurisdiction often involve the interstate or international nature of the crime, the need for uniform enforcement across states, or the protection of federal interests. For example, federal tax fraud and immigration offenses are crimes that violate federal law and are prosecuted in federal court.
State courts are typically empowered to handle local disputes, interpret state laws, and address the majority of civil and criminal matters. These crimes, which are defined and penalized according to state statutes, can range from traffic violations and theft to assault and murder.
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Federal criminal code provisions for violent and non-violent offences
The federal government is a creature of the Constitution and its authority to enact criminal law can be traced back to the Constitution. The Constitution vests Congress with explicit authority to enact criminal law in only three areas.
Firstly, Article I, Section 8, Clause 6 of the Constitution states that "Congress shall have Power ... To provide for the Punishment of counterfeiting the Securities and current Coin of the United States."
Secondly, the Constitution gives Congress authority over three additional classes of crimes: piracies and felonies committed on the high seas, offenses against the Law of Nations, and treason. Congress is empowered to define and punish these crimes, with the exception of treason, where the Constitution defines the crime but gives Congress the power to set its punishment.
It is important to note that the powers of Congress are derived from and limited by the Constitution. While the Constitution grants Congress extensive legislative powers, its authority to enact criminal law is explicitly granted in only the three areas mentioned above.
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Federal jurisdiction over crimes committed on federal property
The federal government is a creature of the Constitution and enjoys no authority beyond what is outlined in the Constitution. Article I, Section 8 of the Constitution grants Congress explicit authority to enact criminal law in three areas: punishment for counterfeiting US securities and currency, defining and punishing piracies and felonies committed at sea, and defining and punishing treason.
The federal government exercises jurisdiction over criminal matters when the states lack jurisdiction, including areas specifically reserved for the federal government by the US Constitution, and over criminal offenses that occur on federal property. Federal courts are courts of limited jurisdiction, meaning they can only hear cases within the scope of the Constitution and federal law. Federal property includes US National Parks, federal courthouses, federal prisons, the District of Columbia, and Indian reservations. It also includes locations over which the federal government has temporary authority, such as airplanes in flight and ocean-going vessels at sea.
Crimes that violate federal law or involve a national or federal interest can be prosecuted in federal court. For example, federal tax fraud and immigration offenses are crimes that violate federal law. If a crime occurs partly on federal land and partly on non-federal land, both the state and the federal government have jurisdiction. If a crime violates state law but the defendant crosses state lines, a federal crime has been committed, and a second state may also have jurisdiction.
Any crime committed on federal property or involving the theft of federal property will be charged as a federal crime. Federal crimes often carry mandatory minimum sentences, which can result in more severe penalties than if the crime had been committed on state or private property. Federal law enforcement officers may also use more aggressive tactics than local authorities.
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Frequently asked questions
The federal government's authority to make criminal laws is derived from the Constitution, which grants Congress extensive legislative powers.
Crimes that fall under federal jurisdiction include those committed on federal property, such as U.S. National Parks, federal courthouses, federal prisons, the District of Columbia, and Indian reservations. It also includes crimes that affect multiple states or interstate travel, such as drug trafficking, robbery, extortion, and loansharking.
Concurrent jurisdiction occurs when a criminal case falls under both federal and state laws, particularly if the federal statute relies on Commerce Clause powers. In such cases, both jurisdictions have the right to pursue prosecution, and the Fifth Amendment protects individuals from double jeopardy, ensuring that they cannot be prosecuted twice for the same offense by different jurisdictions.
Unless a crime falls under the federal government's subject matter jurisdiction, state or local laws typically apply in criminal matters. However, there are instances where the federal government has concurrent jurisdiction with the states, as mentioned earlier, and can prosecute crimes that occur within a state's jurisdiction.
