Term Paper on "Federal Criminal Jurisdiction Unlike Local and State"

Term Paper 3 pages (1273 words) Sources: 0

[EXCERPT] . . . .

Federal Criminal Jurisdiction

Unlike local and state laws, the United States Constitution, the U.S. Code, and the Federal Regulations are the source of federal law. However, there are certain distinct limitations on federal jurisdiction; the United States has jurisdiction over crimes occurring on federal property like government buildings and army bases, but it can also criminalize behavior when doing so furthers a constitutionally protected federal government interest. 18 U.S.C.S. 5, 7 define the limits of federal criminal jurisdiction. Furthermore, 18 U.S.C.S. 3231 gives the U.S. District Courts jurisdiction over such crimes. While statutory authority is important, case law has actually played a pivotal role in establishing the boundaries of federal jurisdiction.

While the Constitution clearly gives the Executive Branch the duty of enforcing federal laws, it fails to give the Executive the means to do so. In fact, the very first House Bill ever passed was a bill giving the Treasury Department de facto law enforcement responsibilities. However, not all law enforcement duties have been clearly defined by statute. For example, the FBI began as an informal agency that was started by Theodore Roosevelt's Attorney General Charles Bonaparte in 1908. However, in 1910 Congress passed a law legitimizing the FBI. The Mann Act, which made it a crime to transport women over state lines for immoral purposes, gave the FBI power to investigate crimes that occurred in multiple state jurisdictions. More importantly, it gave the FBI permission to investigate criminals who broke state laws without violating federal laws. Other laws soon followed, and the Espionage, Selective Service, Sabotage, and National Motor Vehicle Theft Acts all gave the FBI power to investigate certain cross-jurisdictional offenses.

Unlike the FBI, the CIA was created by a statute. In 1947, Harry Truman signed the National Security Act (NSA). The NSA created the CIA and designated the Director of Central Intelligence as the head of the U.S. intelligence. Following 9-11, Congress enacted the Intelligence Reform and Terrorism Prevention Act of 2004.

While the FBI and the CIA are the most familiar federal law enforcement agencies, there are several other agencies involved in the enforcement of federal laws. These agencies include, but are not limited to, customs, border patrol, the IRS, and the Treasury Department. In addition, the United States military has jurisdiction over crimes committed by members of the military, and each branch of the military has its own law enforcement agencies.

The office of the United States Attorney is headed by the U.S. Attorney General. The office of the Attorney General was created by the Judiciary Act of 1789. The Judiciary Act divided the United States into judicial districts and provided for the appointment of a U.S. Attorney in each judicial district. Initially, the U.S. Attorneys reported directly to the President, but in 1870 the U.S. Attorneys began reporting to the Attorney General.

Currently, there are 93 U.S. Attorneys, serving 94 U.S. judicial districts. Furthermore, the powers of the U.S. Attorney are now defined by statute. 28 U.S.C.S. 547 outlines the duties of each U.S. Attorney.

In general, the Attorney General represents the U.S. In legal matters and gives legal advice to the Executive Branch. While there are several different federal law enforcement agencies, the Department of Justice, including the office of the Attorney General and the local U.S. Attorneys, is responsible for enforcement, regardless of which branch investigates. Therefore, the U.S. Attorneys are the prosecutors for federal crimes.

When a federal crime is committed, it is not only investigated and prosecuted by federal employees, but also tried in the federal court system. The federal court system has a relatively simple structure. The lowest level of the federal court system consists of the Federal District Courts. District courts are trial courts. Furthermore, District Courts utilize juries for decision making. The next level of the federal court system includes the Courts… READ MORE

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