Federal or State Crime?
Before completing this Assignment, review the reading on Sources of Criminal Law (pp. 5-9) in Chapter 1 of your textbook. You may also want to read the following resources.
Resources
Comparing Federal & State Courts
Discover the differences in structure, judicial selection, and cases heard in both systems.
Rights, powers, dual sovereignty, and federalism
The line between state and federal prosecution can seem blurred at times. Here is an explanation of the duel sovereignty doctrine and how it can be applied.
References
Comparing Federal & State Courts: United States Courts. Retrieved from http://www.uscourts.gov/about-federal-courts/court-role-and-structure/comparing-federal-state-courts
Institute. Retrieved at http://www.cato.org/policy-report/septemberoctober-2011/rights-powers-dual-sovereignty-federalism
Instructions
For this Assignment, you will be exploring the differences between state and federal jurisdiction in criminal prosecutions with respect to crimes against persons. The primary objective of this Assignment is to explain how the same conduct may be prosecuted either in state or federal court pursuant to applicable state and federal statutes. Be sure to select a crime against person, such as certain types of sexual assault or kidnapping.
You are to identify ONE specific crime, a crime against a person, and describe the following:
Create the factual scenario giving rise to the criminal prosecution in either state or federal court.
Indicate the name of the specific crime which may be prosecuted in federal court based on the scenario and provide the definition of that crime, including a citation or reference to the applicable statute.
Similarly, indicate the name of the crime which may be prosecuted based upon the same conduct in a state court. Be sure to identify the state statute, and as you did in #2, define the crime and provide a citation to the authority.
Explain a cultural factor that may influence how the crime may be prosecuted. A cultural factor might include a person’s socio-economic, ethnic or religious background; in your response, discuss how various cultures might interpret the wording of two statutes differently. Be sure to discuss how one culture might view a crime differently than another, based on the culture’s particular viewpoints.
Your paper should be written in APA format with a length not to exceed 2 pages (excluding cover and reference pages).
