Federal republics have both a federal government and a federation of states, each with its own government. The US is an example, with federal crimes occurring on federal property, involving high-ranking officials or having a relationship to interstate commerce. The FBI investigates federal crimes, while state laws cannot violate constitutional protections. Dual criminality means a person can be charged in both state and federal court for the same crime.
Countries around the world are organized in a variety of ways and their legal systems also differ as a result. In a federal republic there is a federal government, as well as a federation of states, each of which also has its own government. Consequently, in a federal republic, a person can be charged with a state crime or a federal crime. Besides the United States, other examples of federal republics include the United Mexican States, the Federal Republic of Brazil, the Federal Republic of Germany, and the Republic of India, among others. When a person violates a federal law, as opposed to a state law, it is considered a federal crime.
In the United States, as well as in other federal republics, the Constitution provides the framework for all laws. Both federal and state laws are subject to constitutional review. While states can enact state-specific laws, they cannot reduce or violate the protections afforded by the Constitution. A state law may offer more protections or additional rights than those provided by the constitution, but no less.
A federal crime in the United States is generally a crime that occurs on federal property, involves a high-ranking government official or dignitary, or has a material relationship to interstate commerce. The “relationship to interstate commerce” element is the basis for most federal criminal statutes in the United States. Bank robberies, kidnappings that cross state lines, gun crimes, and drug crimes that get federal charges are all based on the element of commerce.
The law enforcement agency in the United States that is predominantly responsible for investigating a federal crime is the Federal Bureau of Investigation (FBI). Other federal law enforcement agencies that investigate some federal crimes include the Drug Enforcement Agency (DEA), the Bureau of Alcohol, Tobacco and Firearms (ATF), and Immigrations and Customs Enforcement (ICE). The United States Attorney’s Office, which is part of the United States Department of Justice, is responsible for prosecuting federal crimes.
While some crimes, such as terrorism, are solely within the jurisdiction of the federal government, many other crimes can be charged with a state misdemeanor, a federal crime, or both. Many drug-related crimes, for example, could be prosecuted by the federal government if they so chose. In practice, the federal government generally only chooses to prosecute large-scale drug operations when they have been part of the investigation. Although the concept of dual criminality is part of the American legal system, which prohibits being prosecuted twice for the same crime, a person can be charged in both state and federal court for the same crime.
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