Author: United States. Interdepartmental Committee for the Study of Jurisdiction over Federal Areas Within the States
Publisher:
ISBN:
Category : Federal areas within states
Languages : en
Pages : 428

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Author: Joseph F. Zimmerman
Publisher: Lexington Books
ISBN: 0739198076
Category : Political Science
Languages : en
Pages : 177

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Book Description
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 TrialAct 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.

Author: United States. Interdepartmental Committee for the Study of Jurisdiction over Federal Areas Within the States
Publisher:
ISBN:
Category : Federal areas within states
Languages : en
Pages : 676

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Author: James T. O'Reilly
Publisher: American Bar Association
ISBN: 9781590317440
Category : Law
Languages : en
Pages : 252

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Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.

Author: Robert L. Stern
Publisher:
ISBN:
Category :
Languages : en
Pages : 738

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Author: United States. Department of the Army
Publisher:
ISBN:
Category : Military law
Languages : en
Pages : 132

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Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 906

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Author: Gregory Ablavsky
Publisher:
ISBN: 0190905697
Category : Law
Languages : en
Pages : 361

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Federal Ground shows how the federal government gained authority in a borderland that many groups made their own claims to control. Although on paper the federal government enjoyed almost exclusive control over the territories, it actually gained authority because territorial residents wanted things from this new federal government - confirmation of rights to land, to jurisdiction, to money. Often, those residents - Native peoples, Anglo-American settlers, French villagers - were able to successfully exploit the federal government. But they became increasingly reliant on that government in the process, couching their claims in the language of federal law and turning to federal officials to claim rights.

Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720

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Author: Alison Burke
Publisher:
ISBN: 9781636350684
Category :
Languages : en
Pages :

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