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Books > Social sciences > Politics & government > Local government
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Congress and Crime - The Impact of Federalization of State Criminal Laws (Hardcover)
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Congress and Crime - The Impact of Federalization of State Criminal Laws (Hardcover)
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Congress in the latter part of the nineteenth century decided to
enact a series of statutes facilitating state enforcement of their
respective criminal laws. Subsequently, Congress enacted statutes
federalizing what had been solely state crimes, thereby
establishing federal court and state court concurrent jurisdiction
over these crimes. Federalization of state crimes has been
criticized by numerous scholars, U.S. Supreme Court justices, and
national organizations. Such federalization has congested the
calendars of the U.S. District Court and the U.S. Court of Appeals
leading to delays in civil cases because of the Speedy Trial Act
that vacates a criminal indictment if a trial is not commenced
within a specific number of days, resulted in over-crowded U.S.
penitentiaries, and raises the issue of double jeopardy that is
prohibited by the Fifth Amendment to the U.S. Constitution and the
constitution of each state. This book examines the impact of
federalization of state crime and draws conclusions regarding its
desirability. It also offers recommendations directed to Congress
and the President, one recommendation direct to state legislatures
for remedial actions to reduce the undesirable effects of
federalized state crimes, and one recommendation that Congress and
all states enter into a federal-interstate criminal suppression
compact.
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