Unit 7 Assignment
CJ230-02: Criminal Law for Criminal Justice
Instructor: Prof Castiglione
May 5th, 2013
In this essay, I will be exploring the differences between state and federal jurisdiction in criminal prosecutions of murder with respect to crimes against persons. In the United States, both the states and the federal government have authority to prosecute criminal offenses. The federal government and each state have its own, court system, criminal statutes, prosecutors, and police agencies. Even if a particular crime will be prosecuted by a state or by the federal government will depend several factors. The crimes that are mostly prosecuted by the federal government include drug trafficking offenses, organized crime, and financial crimes, large scale frauds and crimes in which there is a special federal interest such as crimes against federal officials, and frauds against the United States. The states prosecute most crimes against the person, such as murders and assaults, and many crimes against property, such as robberies and thefts. States prosecute a far greater number of crimes than does the federal government. While the states have broad authority to prosecute many types of crimes, they may investigate and prosecute only criminal acts committed within their boundaries. The power of the federal government, however, extends throughout the United States. Therefore, the federal government is often better able to investigate and prosecute sophisticated and large-scale criminal activity. Although there are differences in criminal procedure among the states and between the states and the federal government, certain core principles of United States criminal law and practice apply equally to all state and federal investigations and prosecutions. First, it is true throughout the United States that the investigation and prosecution of crime is the responsibility of the executive branch of government. Prosecutors, investigating...
References: Lippman, M. (2007). Contemporary criminal law: Concepts, cases, and controversies. (1st Ed.).
Thousand Oaks, CA: Sage Publications.
Schmalleger, F. (2006). Criminal law today: An introduction with capstone cases. (3rd Ed.). Prentice Hall.
Wishhart, H (2013) Criminal Culpability, Criminal Attempts and the Erosion of the Choice Theory, Journal of Criminal Law 77 (1) doi:10.1350/jcla.2013.77.820
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