Wednesday, January 20, 2010

What makes a case, a federal case?

I am working at a halfway house and the offenders all have federal cases. Just exactly what is the severity of their crimes, that make it a federal case?What makes a case, a federal case?
It is not possible to put a 'severity' label upon someone based upon the fact that they were found guilty of a 'federal' rather then a state or local crime. There are many federal laws concerning interstate commerce, drugs, etc. (things which cross 'state lines') for which one can be charged and convicted in Federal court, instead of indicting under State or local laws and their respective courts. They are all still 'crimes'...In essence, crimes that in a sense 'cross' state lines and are addressed under federal statutes can be charged and heard in federal court. In many cases, the determination about whether the case is charged locally or at the federal level is dependent upon many factors... local law, burden of proof, available sentencing\sanctions, and the like. Blessings...What makes a case, a federal case?
Both of the previous answers are severely off base. especially the person who claims to be an attorney. Diversity of citizenship has nothing to do with criminal law at all.


all this means is that the persons case is in federal court. It could be for anything against federal criminal law. For as the park ranger said destructive actions in a federal park, aka killing a bald eagle, or it could be for possession or sale of drugs. It doesn't mean that they are worse criminals. Martha Stewert was in federal jail so all the criminals are not the worst of the worst.
It is not the severity of a crime that makes one a Federal case; rather, it is if one of certain criteria is met, including: 1) If it involves a Federal Question, or 2) Diversity of citizenship.





The first, a Federal Question, means that the issue involves something that should not, and possibly cannot, be decided by a State Court, such as a Securities %26amp; Exchange Commission (SEC) issue.





Diversity of citizenship is when two parties to the action are subject to the jurisdiction of different States, making neither a good forum for resolving the dispute, and in fact, partly because State lines were crossed in creating the conflict (such as when goods are sold in interstate commerce.)





I hope this helps!
And to add to Rob B's really good answer:





There are some jurisdictions that are just federal. I work in a national park. So if you get a speeding ticket from me, it is a federal violation notice, and we argue it in front of an(awesome) federal judge. The state I'm in bears no meaning to it.





So most fed. managed public lands ALWAYS result in a ';federal case.'; (although there are different types of jurisdictions, but you don't care about that. Trust me.)

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