Federal and Local Criminal Jurisdiction

The U.S. constitutional system has formed the legislature and federal government, which has been given powers to control the whole territory and foreign policy. Individual state governments have been allowed by the federal constitution to have local jurisdiction. The constitution has also formed federal courts which have the authority to hear charges alleging federal crimes, and state courts have jurisdiction to hear charges alleging violation of local state law.

U.S. Federal Courts

For a case to appear in federal court, the crime to be prosecuted must either have been perpetrated pursuant to an express or implied constitutional grant of authority, or must have been committed in an area owned by or under the exclusive control of the federal government. Offenses which may violate constitutional authority include tax evasion, possessing illegal substances, and conspiring to violate civil rights. Courts have specifically given broad explanation to the “Commerce Clause power”, permitting Congress to make a federal crime of many crimes that are also common law crimes, such as murder or kidnapping if state lines are crossed during commission of the crime. Embezzlement and blackmail using instruments of commerce such as telephone lines or the U.S. Mail are also Federal crimes.

Areas owned by or under the exclusive control of the federal government include the District of Columbia, U.S. National Parks, federal prisons and federal courthouses, and airplanes and ocean going vessels. The armed forces of United States has its own justice system to deal with the crimes of its members, but civilians may be charged with a federal crime for acts that are committed on military bases. Federal courts in the country are in a position to emphasize jurisdiction in case hearings that are against U.S. citizens residing in foreign lands on the basis of their illegal acts.

According to the Sixth Amendment, trial “by an impartial jury of the state and district wherein the crime shall have been committed” is called for. Rule 18, which falls under the federal court system of the “Federal Rules of Criminal Procedure,” specifies which federal court may hear a particular criminal case.

Problems

The judicial system runs absolutely fine whenever there is a obvious line of demarcation between the jurisdictions of two states, or between a state and federal jurisdictions, and prosecution must be initiated in the appropriate court. But rules and laws are not always so clear.

Concurrent Jurisdiction

Some crimes have national importance and to reflect the public interest, their investigation and prosecution will fall under the Federal Bureau of Investigation or the Department of Justice which can be accessed at http://www.justice.gov/. This may create tension among jurisdictions simply because two separate states may wish to assert jurisdiction over part of the crime, whereas the federal authorities will have to consolidate the wrongdoing across several states into a single trial.

One important result of the concurrent jurisdiction between state and federal courts is that an individual who violates both state and federal law and the law of multiple states can be separately charged and tried in each jurisdiction.

Contact Information

You can visit the Department of Justice at the following address:

U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Telephone (202) 514-2000
Telephone (202) 353-1555
Email webmaster@usdoj.gov