NCJ Number
27623
Journal
Law and Contemporary Problems Volume: 13 Issue: 1 Dated: (WINTER 1948) Pages: 64-87
Date Published
1948
Length
24 pages
Annotation
REPORTING ON HIS STUDY OF THE EXTENT OF FEDERAL CRIMINAL PROSECUTION, THE AUTHOR ARGUES THAT FEDERAL COURTS JURISDICTION IS OFTEN INVOKED WHEN MORE APPROPRIATE ACTION WOULD BE REFERRAL TO STATE OR LOCAL CONSIDERATION.
Abstract
THE EMPLOYMENT OF FEDERAL CRIMINAL JURISDICTION, AND EFFICACY OF THAT EMPLOYMENT IS REVIEWED. FINDING REASON FOR RESTRAINT IN CREATING AND EXERCISING FEDERAL CRIMINAL JURISDICTION, THE AUTHOR RECOMMENDS CRITERIA FOR LIMITING THE NUMBER OF FEDERAL CRIMINAL PROSECUTIONS WHEN THAT ACTION IS MERELY AUXILIARY TO STATE LAW ENFORCEMENT. FOUR METHODS ARE SUGGESTED BY WHICH FEDERAL CRIMINAL JURISDICTION CAN BECOME THE INSTRUMENT OF AN INTELLIGENT NATIONAL LAW ENFORCEMENT POLICY: (1) THE EVOLUTION OF A BROADER, MORE UNIFORM JURISDICTIONAL FORMULA FOR FEDERAL CRIMINAL STATUTES, (2) THE EXPANSION OF THE POWER OF THE UNITED STATES COMMISSIONERS TO TRY PETTY OFFENSES, (3) AN EXPRESS AUTHORIZATION BY CONGRESS OF A GENERAL POLICY OF REMITTING LOCAL OFFENDERS TO LOCAL AUTHORITIES, AND (4) ARTICULATION BY THE DEPARTMENT OF JUSTICE OF A COMPLETE SET OF STANDARDS FOR THE EXERCISE OF THIS DISCRETION TO WITHHOLD FEDERAL PROSECUTION.