wa263@sdcc12.UUCP (bookmark) (01/06/85)
<== bug snack
There are actually more than 51 criminal codes in the U.S. if
you count those of places like Puerto Rico (that oft-ignored territory).
In the District of Columbia they use the U.S. Code, supplemented
by statutes adopted especially for D.C. and local ordinances (largely the
work of the Washington city government) for things like parking.
That bit about ``no federal law against murder'' is one of those
partly-true statements. There is a federal law against murder which applies
to places under U.S. jurisdiction (like the District of Columbia, VA Hospital
grounds, the inside of the Federal building in downtown San Diego, et cetera).
This law, however, doesn't apply to murders committed in the local jurisdiction
of some State (dual sovereignty, I love it). So, there is a federal law
against murder, but it only applies in some places.
There are certain things other than territorial considerations that
can bring a crime under federal jurisdiction. For instance, it is a federal
crime to assault or waylay a U.S. mail carrier, no matter where you do it.
It is also (in every State that I know of) a state crime: it's a crime to
assault anyone. Same with robbing banks which belong to the federal reserve
or insurance systems; that's both a federal crime (bank robbery) and a state
crime (any robbery). This can lead to criminals being prosecuted, convicted,
and sentenced twice (and having to serve out both sentences) for the same
offence. They have offended the peace of two separate sovereignties and each
is entitled to punish them.
There are also crimes which are federal offences without regard to
any considerations of territory or special federal connections of the parties.
These are covered by U.S. statutes enacted pursuant to some constitutional
authority of Congress (real or presumed). For instance, counterfeiting (of
money) is a federal crime no matter where you commit it or who you give the
pseudo-money to. It is also a federal crime (punishable by fines or
imprisonment) to grow tobacco, or feed corn, or oranges without a special
license. In the case of the tobacco plant, this permit is unobtainable.
Only those who already grow tobacco may continue to do so... this gives them
a legal monopoly on this valuable crop. (So why do they need price supports
and subsidies? Ah, this is a topic for another evening...) Many other
agricultural (and other) commodities are the subject of similar restrictions.
And yes, this has been to the U.S. Supreme Court. Wickard versus Filburn, a
delicious case, which I'll maybe post a note on some other day.
Where it can be demonstrated that a murder results from an attempt
or desire to deprive the victim of his federally protected civil rights, then
the perpetrator can be prosecuted for that in a U.S. court.
Oh, I didn't mean to imply that there weren't some state laws about
counterfeiting or farming, too. Sometimes federal laws preempt state laws,
but more often not. However, it is usually true that most ordinary (like
theft and speeding) crimes are merely state crimes, and that to get the U.S.
into it, you have to find the right place or person or specific crime to
qualify your offence as a federal one.
``Go ahead... make my day.''
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