NationStates Jolt Archive


How much influence does the federal court system have on crime? Anybody?

Anarchic Conceptions
09-03-2005, 09:55
And please nothing on the federal court, I have enough stuff on that.

I need something on the rest of the federal court system and google is next to useless since I only have a vague idea on what to look for and on the books I have gotten out of the library deal exclusively about the supreme court, the only thing they tend to say about the federal court system is how it is made up and organised. :headbang:

So, anyone have any idea how the federal court system might influence crime?
The Cat-Tribe
09-03-2005, 10:01
And please nothing on the federal court, I have enough stuff on that.

I need something on the rest of the federal court system and google is next to useless since I only have a vague idea on what to look for and on the books I have gotten out of the library deal exclusively about the supreme court, the only thing they tend to say about the federal court system is how it is made up and organised. :headbang:

So, anyone have any idea how the federal court system might influence crime?

I may be able to help if I understood what you are asking. Are you talking about the federal court system in the US? Can you give more description of what you are looking for?
Soviet Narco State
09-03-2005, 10:02
Almost all criminal offenses are covered by state law. The constitution's tenth amendment reserves all powers not delegated to the National government to the state governments including running the police and criminal matters. Things like murder, rape, burglary etc. are all state crimes.
Patra Caesar
09-03-2005, 10:05
Almost all criminal offenses are covered by state law. The constitution's tenth amendment reserves all powers not delegated to the National government to the state governments including running the police and criminal matters. Things like murder, rape, burglary etc. are all state crimes.

He's in Liverpool, UK and they don't have a constitution, let alone an amendment to a constitution.
Soviet Narco State
09-03-2005, 10:06
He's in Liverpool, UK and they don't have a constitution, let alone an amendment to a constitution.
Oh damn. I didn't notice. Here I am being an ethocentric american. My apologies.
The Cat-Tribe
09-03-2005, 10:08
I'm not touching the Tenth Amendment nonsense. :headbang:

If you are looking for US federal crime statistics, here is a good source
http://www.ojp.usdoj.gov/bjs/fed.htm
(I'm still not sure what exactly you want but the Bureau of Justice Statistics may be a good place for you to look around. http://www.ojp.usdoj.gov/bjs/welcome.html)
Anarchic Conceptions
09-03-2005, 10:11
I may be able to help if I understood what you are asking. Are you talking about the federal court system in the US? Can you give more description of what you are looking for?
My mistake, sorry.

Yes, I am talking about the federal court system in the US. I need to determine its influence on crime. I've pretty much exhausted all avenues concerning the Constitution and the Supreme Court. However I need to find something about the rest of the federal court system.
Anarchic Conceptions
09-03-2005, 10:12
I'm not touching the Tenth Amendment nonsense. :headbang:

If you are looking for US federal crime statistics, here is a good source
http://www.ojp.usdoj.gov/bjs/fed.htm
(I'm still not sure what exactly you want but the Bureau of Justice Statistics may be a good place for you to look around. http://www.ojp.usdoj.gov/bjs/welcome.html)

Thanks
Patra Caesar
09-03-2005, 10:13
Oh damn. I didn't notice. Here I am being an ethocentric american. My apologies.

Never mind, turns out you were right anyway! :)
Anarchic Conceptions
09-03-2005, 10:20
Almost all criminal offenses are covered by state law. The constitution's tenth amendment reserves all powers not delegated to the National government to the state governments including running the police and criminal matters. Things like murder, rape, burglary etc. are all state crimes.
Unless carried out over state lines right?>
The Cat-Tribe
09-03-2005, 10:20
My mistake, sorry.

Yes, I am talking about the federal court system in the US. I need to determine its influence on crime. I've pretty much exhausted all avenues concerning the Constitution and the Supreme Court. However I need to find something about the rest of the federal court system.

These may be helpful also:
http://www.abanet.org/crimjust/fedreport.html
http://www.abanet.org/crimjust/fedcrimlaw2.pdf
http://www.localsov.com/abuses/justice/abasum.htm
http://www.nacdl.org/public.nsf/legislation/overcriminalization?opendocument

If there is something yet more specific, I'd be glad to help provide assistance.

Good luck.
The Cat-Tribe
09-03-2005, 10:22
Almost all criminal offenses are covered by state law. The constitution's tenth amendment reserves all powers not delegated to the National government to the state governments including running the police and criminal matters. Things like murder, rape, burglary etc. are all state crimes.

No offense, but this is plain wrong. There are federal statutes covering many, many crimes, including murder, rape, and robbery.

Because you probably won't believe me, here is just one quote from the BJS link I provided earlier:

U.S. attorneys opened matters for investigation against 124,335 suspects during 2002. The number of investigations initiated by U.S. attorneys increased by 2% over 2001. Forty-two percent were investigated for public-order offenses such as regulatory (4%), immigration (14%), and weapons (9%) offenses; about a third (31%) were investigated for drug offenses; (22%) for property offenses; and 5% for violent offenses such as murder, rape, assault, and robbery.
Soviet Narco State
09-03-2005, 10:27
Unless carried out over state lines right?>
Yeah the Federal govenrment has the right to regulate interstate commerce among other things, which lets it mess around with criminal matters which cross state lines because theoretically they affect interstate commerce. Criminal law isn't really my thing (I am in law school but I only took the introductory criminal law course), but most crimes are really a matter of local concern in the US. Ordinary crimes don't ussually involve the federal government unless you are trafficking drugs across the country or go on a multi state killing sprees. The Federal Code has been quite expanded with regards to things like terrorism but really most crimes do not concern the federal government.
Anarchic Conceptions
09-03-2005, 10:32
To Cat Tribes.

Thanks for the links.

After a quick reading of them (the second in particular), would it be correct to say that there is a growth in federalising crimes (as in making more and more crime federal matters), which would mean that the federal court system will gradually gain more influence over crime?
The Cat-Tribe
09-03-2005, 10:43
To Cat Tribes.

Thanks for the links.

After a quick reading of them (the second in particular), would it be correct to say that there is a growth in federalising crimes (as in making more and more crime federal matters), which would mean that the federal court system will gradually gain more influence over crime?

You are most welcome.

I'd like to say yes to your question, but "influence over crime" is ambiguous. There has been a huge trend towards federalizing crime, but it is unclear that has had much impact on crime itself (such as decreasing crime rates)
.
The following are all points found in the task force report:
Since 1930 the number of federal crimes has increased dramatically. 83% of all federal criminal statutes have been enacted since 1930, and almost half of all federal criminal statutes have been enacted in the last 30 years.

There are over 4,000 offenses that carry criminal penalties in the United States Code. This is a record number, and reflects a one-third increase since 1980.

Increase in the number of federal crimes has led to increase in the number of federal law enforcement personnel and agencies. Today there are approximately 100 different federal agencies which have a law enforcement division. Between 1982 and 1993 federal criminal justice expenditures increased by 317%.

Attempts by politicians to appear "tough on crime" have led to the explosion of federal criminal statutes, but the task force has found that despite the dramatic increase in crimes and personnel, the federal crime fighting effort has had no appreciable effect at reducing violent crime. First of all, despite all the statutes only 4% of all crime is prosecuted at the federal level. Secondly, of all federal prosecutions only 5% involve violent crime. The vast majority are non-violent offenses such as immigration, tax fraud, traffic violations or possession of a prohibited object or substance. In effect then, only .2% (two-tenths of one percent) of violent crime is handled on the federal level. Many federal crimes created in a flurry of publicity over a particularly savage action, are in fact, never prosecuted at all. Finally, all of these violent crimes (and most types of non-violent crime, such as drug possession) are already prosecuted on the local level, leaving no justification for federal duplication.
Soviet Narco State
09-03-2005, 10:47
To Cat Tribes.

Thanks for the links.

After a quick reading of them (the second in particular), would it be correct to say that there is a growth in federalising crimes (as in making more and more crime federal matters), which would mean that the federal court system will gradually gain more influence over crime?
Ahhh!!! God lord no! I am going to bed. But believe me things virtually all normal criminal matters are state issues, the federal courts will only have jurisdiction if you do something retarded like commit a crime on government owned property or beat up a federal government employee. Please believe me that our federal system relies on state governments to worry about small problems like local crimes while the federal government manages international relations, the national economy, external threats etc.
The Cat-Tribe
09-03-2005, 10:57
Ahhh!!! God lord no! I am going to bed. But believe me things virtually all normal criminal matters are state issues, the federal courts will only have jurisdiction if you do something retarded like commit a crime on government owned property or beat up a federal government employee. Please believe me that our federal system relies on state governments to worry about small problems like local crimes while the federal government manages international relations, the national economy, external threats etc.

Again, with all due respect, you have no clue what you are talking about. (Or it may be we have a half-full versus half-empty problem.)

Your civics 101 version is vaguelly accurate in that more than 90% of crime is prosecuted at the state level.

Still, there are over 100,000 federal criminal prosecutions each year. Plain old ordinary murder can be prosecuted federally -- although it is usually left to the states. For various reasons, federal prosecutions have a disporportionate impact. Even for crimes that are identical under federal and state law, federal prosecutions involve more resources, are higher profile, and result in stiffer sentences.

And, as Chief Justice Rhenquist has complained about to Congress, the number of crimes under federal law and the number of federal criminal cases are increasing exponentially. A growing percentage of federal court time is spent on criminal matters.
Anarchic Conceptions
09-03-2005, 11:23
You are most welcome.

I'd like to say yes to your question, but "influence over crime" is ambiguous.

Your telling me. The only thing worse then asking an easy to answer question and putting in place a minimum word limit is using an ambiguous phrase and then giving a ridiculouly low maximum word count.

There has been a huge trend towards federalizing crime, but it is unclear that has had much impact on crime itself (such as decreasing crime rates)
.
The following are all points found in the task force report:
Since 1930 the number of federal crimes has increased dramatically. 83% of all federal criminal statutes have been enacted since 1930, and almost half of all federal criminal statutes have been enacted in the last 30 years.

There are over 4,000 offenses that carry criminal penalties in the United States Code. This is a record number, and reflects a one-third increase since 1980.

Increase in the number of federal crimes has led to increase in the number of federal law enforcement personnel and agencies. Today there are approximately 100 different federal agencies which have a law enforcement division. Between 1982 and 1993 federal criminal justice expenditures increased by 317%.

Attempts by politicians to appear "tough on crime" have led to the explosion of federal criminal statutes, but the task force has found that despite the dramatic increase in crimes and personnel, the federal crime fighting effort has had no appreciable effect at reducing violent crime. First of all, despite all the statutes only 4% of all crime is prosecuted at the federal level. Secondly, of all federal prosecutions only 5% involve violent crime. The vast majority are non-violent offenses such as immigration, tax fraud, traffic violations or possession of a prohibited object or substance. In effect then, only .2% (two-tenths of one percent) of violent crime is handled on the federal level. Many federal crimes created in a flurry of publicity over a particularly savage action, are in fact, never prosecuted at all. Finally, all of these violent crimes (and most types of non-violent crime, such as drug possession) are already prosecuted on the local level, leaving no justification for federal duplication.

What a shame I didn't swallow my pride earlier and that the books I have never said that.

Very interesting.