FEDERALIZING CRIME

Disrupting Balance Between Federal And State Systems

The American criminal justice system throughout history has recognized
the wisdom of leaving general police powers with the states. Our
forefathers did not want -- indeed, were fearful of -- one great,
centralized police authority.

Overall, the principle that states have primary responsibility to
combat criminal activity has worked well for the public's safety and
the administration of justice.

But during the last quarter of a century or so, a pervasive trend has
gathered force in Washington, D.C., -- the federalization of local
crime. Many crimes that were once dealt with as state crimes have been
deemed federal crimes. Federal criminal laws now overlap many state
criminal laws, often carrying broadly different terms of sentencing.

There are distinct federal crimes, of course, crimes that involve
interstate commerce or flight, crimes committed on federal property or
against federal employees and violations of civil rights laws.

But Congress has gone too far in bowing to pressure to make local
crimes, covered by state criminal laws, into federal crimes.

The American Bar Association has studied the federalization of the
crime and is concerned that the trend is not only dangerous to the
constitutional balance between the federal and state systems, but also
damaging to successful prosecution.

The ABA's Criminal Justice Section found that crimes are made federal
offences without demand by law enforcement officials. It also found no
persuasive evidence that federalizing crime makes American streets any
safer or has any appreciable effect on the volume of violent crimes.

The fact is that 95 percent of all crime is prosecuted by the states.
Only 5 percent or less is prosecuted by the federal government.

Federalization has led to an unhealthy concentration of policing power
at the federal level, clogged the dockets of federal courts and
created the potential of disparate sentences on similarly accused
defendants, depending on whether they are selected for state or
federal prosecution, the ABA found.

Clearly, there are crimes that only the federal government can
address. Federal resources should be focused on those crimes.

The nation does not need overlapping and redundant sets of criminal
laws or enforcement authorities. Congress and President Clinton should
stop the inappropriate federalization of criminal activities and let
states combat local crime.