THE FEDERALIZATION OF CRIMINAL LAW. Defending Liberty Pursuing Justice

Transcription

1 THE FEDERALIZATION OF CRIMINAL LAW Defending Liberty Pursuing Justice Task Force on the Federalization of Criminal Law American Bar Association Criminal Justice Section

2 TASK FORCE ON THE FEDERALIZATION OF CRIMINAL LAW John S. Baker, Jr. Sara Sun Beale Susan A. Ehrlich Reuben Greenberg Howell Heflin Philip Heymann Victor S. Johnson III Robert W. Kastenmeier Robert Litt Edwin Meese III, Chair James Neal Jon O. Newman Otto G. Obermaier Donald Santarelli James Strazzella, Reporter William W. Taylor, III John K. Van de Kamp! Biographical information appears in Appendix D, p. 261! Financial assistance to this project was provided by the Criminal Justice Section of the American Bar Association, by Archer Daniels Midland Foundation, and by the law firm of Simpson Thacher & Bartlett. Copyright 1998: American Bar Association, Criminal Justice Section Printed in the United States of America ISBN The views expressed are those of the Task Force and not necessarily those of the Association or the Criminal Justice Section. American Bar Association Criminal Justice Section th Street, N.W. Washington, DC Executive Director: Thomas C. Smith

3 THE FEDERALIZATION OF CRIMINAL LAW James A. Strazzella Reporter Task Force on the Federalization of Criminal Law American Bar Association Criminal Justice Section 1998

4 Table of Contents i TABLE OF CONTENTS PREFACE...1 REPORT...5 I. THE FEDERALIZATION TREND: THE GROWTH OF THE FEDERAL CRIMINAL JUSTICE SYSTEM AND CURRENT ACTIVITY 5 An Overview of the Growth of Federal Crimes...5 The Current High Level of Congressional Activity...7 Chart 1. Number of Statutory Sections Enacted by Year...8 Chart 2. Percent of Statutory Sections Enacted by Time Period...9 Growth in Segments of the Federal Criminal Justice System Reasons for Continuing Legislative Federalization II. THE REALITIES OF FEDERAL PROSECUTION AS IT AFFECTS LOCAL CRIME The Limited Impact of Federal Criminal Law on Local Crime. 18 The Frequency of Prosecution of Selected Federalized Crimes. 19 Chart 3. FY 97 Federal Filings...21 Charts 4 & 5. Frequency with which Examined Offenses Were Cited among Federal Filings and Sentencings FY Chart 6. Changes in Federal Criminal Caseload Over Time...23 Considering the Significance of Low Prosecution Rates. 24

5 ii The Federalization of Criminal Law III. THE DUAL AMERICAN CRIMINAL JUSTICE SYSTEM & THE ADVERSE COSTS OF INAPPROPRIATE FEDERALIZATION The Constitutional Framework Adverse Consequences in Practice Impact on the States and Their Courts Concentration of Policing Power Disparate Results for the Same Conduct Chart 7. Comparison of Average Estimated Time to be Served in State and Federal Prisons by Type of Offense...30 Diminution of a Principled Basis for Selecting a Case as a Federal or Local Crime With Its Different Consequences 30 Increased Power at the Prosecutorial Federal Level Adverse Impact on the Federal Judicial System Adverse Implications for the Federal Prison System Adverse Implications for Local Law Enforcement Efforts 40 Citizen Perception and Diffused Citizen Power Allocation of Resources IV. CONCLUSIONS The Use of Federal Criminal Legislative Power Recognizing the Adverse Consequences of Inappropriate Federalization... 49

6 Table of Contents iii Specific Recommendations for Limiting Inappropriate Federalization of Local Crimes APPENDICES APPENDIX A: BIBLIOGRAPHY APPENDIX B: TECHNICAL APPENDIX SECTION Chart 8. Justice System Direct and Intergovernmental Expenditures by Level of Government...81 Chart 9. Justice System Personnel by Level of Government...82 Chart 10. Persons Held in Prisons...82 Chart 11. Federal Judges versus All Federal Criminal Justice Personnel.83 SECTION 2 - Material Related to Task Force Study of the Frequency of Certain Prosecutions Frequency of Federal Charges and Sentencings under Selected Statutes SECTION 3 - Data Relating to the Changing Composition of the Federal Criminal Caseload APPENDIX C: STATUTORY LISTING GRID APPENDIX D: MEMBERS OF THE TASK FORCE ACKNOWLEDGMENTS