Advantages and Disadvantages of a Federal Criminal Prosecution

Advantages and Disadvantages of a Federal Criminal Prosecution

 

 

As a matter of fact, the jurisdictional issues of the United States are straightforward, and as any crime occurred within the boundaries of a particular state violates its laws, this state is provided with the prosecution power. However, under specific circumstances, the involvement of the federal court system is required “recognizing both that serious violations of federal law must be prosecuted, and that prosecution entails profound consequences for the accused, crime victims, and their families whether or not a conviction ultimately results” (The United States Department of Justice, n.d., para. 2). It goes without saying that federal prosecution has multiple advantages in comparison with a state judicial process.

First of all, the federal court system is non-biased as federal judges appointed for life are not afraid of making unpopular decisions. At the same time, state judges consider their actions as they may affect their reputation during an election time. That is why their decisions may be determined by public sentiments or personal interests. In addition, in Federal Court, all participants of legal proceedings concern only federal standards, while in state courts, people should additionally consider state standards that may limit law enforcement. Moreover, the federal court system is considerably fast due to the large amounts of cases. Finally, it provides more safety for the society as federal prisons do not have parole for dangerous criminals.

It goes without saying that a federal prosecution has disadvantages as well. For instance, a state criminal prosecution traditionally provides more detailed investigation of cases with particular attention to even small and seemingly unsignificant details. In addition, due to the complexity of the federal court system, there is a lack of competent lawyers who may present their defendants in an effective way.

Reference

The United States Department of Justice. (n.d.). 9-27.000 – Principles of federal prosecution. Web.

Order a similar paper

Get the results you need