for this assignment you will be exploring the differences between state and federal jurisdiction in criminal prosecutions with respect to crimes against persons the primary objective of this assignment is to explain how the same conduct may be prosecute

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Assignment Details

Federal or State Crime?

Before completing this Assignment, review the reading on Sources of Criminal Law (pp. 5-9) in Chapter 1 of your textbook. You may also want to read the following resources.

Resources

Comparing Federal & State Courts

Discover the differences in structure, judicial selection, and cases heard in both systems.

Rights, powers, dual sovereignty, and federalism

The line between state and federal prosecution can seem blurred at times. Here is an explanation of the duel sovereignty doctrine and how it can be applied.

References

Comparing Federal & State Courts: United States Courts. Retrieved from http://www.uscourts.gov/about-federal-courts/court…

Institute. Retrieved at http://www.cato.org/policy-report/septemberoctober…

Instructions

For this Assignment, you will be exploring the differences between state and federal jurisdiction in criminal prosecutions with respect to crimes against persons. The primary objective of this Assignment is to explain how the same conduct may be prosecuted either in state or federal court pursuant to applicable state and federal statutes. Be sure to select a crime against person, such as certain types of sexual assault or kidnapping.

You are to identify ONE specific crime, a crime against a person, and describe the following:

  • Create the factual scenario giving rise to the criminal prosecution in either state or federal court.
  • Indicate the name of the specific crime which may be prosecuted in federal court based on the scenario and provide the definition of that crime, including a citation or reference to the applicable statute.
  • Similarly, indicate the name of the crime which may be prosecuted based upon the same conduct in a state court. Be sure to identify the state statute, and as you did in #2, define the crime and provide a citation to the authority.
  • Explain a cultural factor that may influence how the crime may be prosecuted. A cultural factor might include a person’s socio-economic, ethnic or religious background; in your response, discuss how various cultures might interpret the wording of two statutes differently. Be sure to discuss how one culture might view a crime differently than another, based on the culture’s particular viewpoints

Your paper should be written in APA format with a length not to exceed 2 pages (excluding cover and reference pages).

Note: This Assignment requires outside research. Use at least two credible sources beyond the text material and discuss how you evaluated the credibility of the resources used. You may consult the Library, the Internet, the textbook, other course material, and any other outside resources in supporting your task. It is recommended that you look to your state criminal codes for examples of crimes that may be prosecuted at the state level. Be sure to include a statutory citation.

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Directions for Submitting Your Assignment

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Introduction: This Assignment will explore: (1) the differences between state and federal jurisdiction in criminal prosecutions with respect to crimes against persons; for example, such as certain types of sexual assault or kidnapping. The primary objective of this Assignment is to explain how the same conduct may be prosecuted either in state or federal court pursuant to applicable state and federal statutes. OnlyONE specific crime against a person will be provided and will include: (2) a creation of a factual scenario giving rise to the criminal prosecution in either state or federal court; (3) the name of the specific crime which may be prosecuted in federal court based on the scenario; (4) the definition of the crime, including a citation or reference to the applicable statute; (5) the name of the crime which may be prosecuted based upon the same conduct in a state court, along with the identification of the state statute; (6) definition of the crime, along with citing authority; (7) explanation of a cultural factor that may influence how the crime may be prosecuted, including a discussion of how various cultures might interpret the wording of two statutes differently. At least 2 sources beyond the text will be used and literature cited where appropriate.

Differences Between State and Federal Jurisdictions in Criminal Prosecution

State: (Try to provide 2-3 differences with Federal Courts. Cite the literature).

Federal: (Try to provide 2-3 differences with State Courts. Cite the literature).

Factual Scenario Applicable to both State and Federal Courts

(Locate a brief crime scenario. You can copy and paste it. Cite the literature)

Name of Scenario Crime in Federal Court: (You can just cite the case) ________

Definition of the Crime in Federal Court: (Provide the definition of the crime used in the case. Cite the literature).

Name of Scenario Crime in State Court: (You can just cite the case) __________

Definition of the Crime in State Court: (Provide the definition of the crime used in the case. Cite the literature).

Role of a Cultural Factor in Prosecuting Crime (Discuss how various cultures might interpret the wording of two statutes differently. So, what could be the role of Cultural Factor (religion) at State V. Federal Level? Begin by identifying your Cultural Factor first. Then, use each statute to discuss. So, use the crime, as defined by the State and discuss; then do the same at the Federal Level).

State’s Interpretation of Statute Using Cultural Factor: (Tell how this cultural factor was used (or ignored) in the State’s case. Cite the literature).

Federal Interpretation of Statute Using Cultural Factor: (Tell how this cultural factor was used (or ignored) in the Fed’s case. Cite the literature).

Conclusion: This Assignment explored: (1) the differences between state and federal jurisdiction in criminal prosecutions with respect to crimes against persons; for example, such as certain types of sexual assault or kidnapping. The primary objective of this Assignment was to explain how the same conduct may be prosecuted either in state or federal court pursuant to applicable state and federal statutes. OnlyONE specific crime against a person was provided and included: (2) a creation of a factual scenario giving rise to the criminal prosecution in either state or federal court; (3) the name of the specific crime which may be prosecuted in federal court based on the scenario; (4) the definition of the crime, including a citation or reference to the applicable statute; (5) the name of the crime which may be prosecuted based upon the same conduct in a state court, along with the identification of the state statute; (6) definition of the crime, along with citing authority; (7) explanation of a cultural factor that may influence how the crime may be prosecuted, including a discussion of how various cultures might interpret the wording of two statutes differently. At least 2 sources beyond the text were used and literature cited where appropriate.

References