The Differences Between Federal and State Criminal Laws
Introduction
Federal and state criminal laws differ primarily in their application to different territories and their relation to various characteristics of offences. Federal laws apply to the entire territory of the United States, and state laws apply only within the borders of the state in which they have been enacted.
Discussion
Most criminal laws are within state jurisdiction, so most crimes are heard in state courts (Miller & Gaines, 2021). For instance, committing theft or arson in a particular state is subject to the jurisdiction of local laws. Federal laws address crimes that pose a national threat, an example of which is counterfeiting the national currency (Miller & Gaines, 2021). In addition, federal laws are involved when a crime concerns federal territories or federal services workers. For example, a crime committed against employees of a federal agency or on the territory of a federal bank is covered by federal criminal law. In general, federal criminal laws primarily concern crimes directly affecting the national interest or federal services, while state laws regulate justice within the boundaries of state authority.
In the context of the rationality of the penalty distinction, it is necessary to refer to particular state laws and the Constitution. State authorities adopt laws based on the current situation within the particular territory. Therefore, the difference in penalties may have a rational basis determined by the local authorities. Nevertheless, state laws may not conflict with the Constitution or federal laws. Considering that U.S. citizens have equal rights to justice, a severe distinction in penalties in different states is inappropriate since it causes citizen inequality. In this case, the necessity of conformity with the constitutional norms prevents critical differences in state laws that may directly violate the rights of U.S. citizens.
Conclusion
Overall, differences in penalties between states are acceptable if the local legislation does not violate the rights of citizens ensured by the Constitution and federal laws.
Reference
Miller, L. K., & Gaines, R. (2021). Criminal justice in action. Cengage.