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Can someone tell me what makes a charge a Federal offense as opposed to a State offense, regarding?
the crack cocaine vs powder cocaine controversy? I understand that the offense of possessing equal amts in the past have resulted in different sentencing. However, after reading a few things, i saw where this new law would only affect federal inmates, not those in state institutions.
WHY I am asking, is because i am getting ready to go back to school for criminal justice....and when i hear the examples used on the news, etc... they are always using the example of "a thimble full of crack as opposed to a greater quantity of powder cocaine"
Just to quiet your fears tamedinnocence, i choose to live above the influence today. haven't even had a drink of alcohol in over 5years now! But thanks for the concern. :)
Blessings
)o( Trinity
8 Answers
- 1 decade agoFavorite Answer
Violations of the law based on posession or distribution of drugs is always BOTH a state and federal offense. The question is always whether the fed is interested in prosecuting. Depending on the jurisdiction and the climate, resources, etc, the fed probably will not prosecute, leaving it to the state to do so. The reason that all the talk you have been hearing is about the federal prosecutions is because the sentencing guidelines were only used by federal judges for cases coming before them. To the extent that the disparity btwn crock and powder existed, it was a question of federal law and interpretation of federal law.
To my knowledge -- and it is thin -- states are essentially free to adopt their own sentencing guidelines that comply at least with the federal constitution. If a state opted to adopt a sentencing guideline that had the same crack/powder disparity, it is unlikely that the federal courts could or would do anything about it for a long time. Of course, the argument in the federal court when the guidelines were compulsary, rather than advisory, was that there was an equal protection violation....that is, Blacks who used crack were treated more harshly than whites who used powder. Once crack jumped the color line (if you believe there ever was one or that it did ever jump that line) this argument would fall apart if whites who used crack got the same harsh sentences as blacks who used crack.
In any event, the federal courts never bought that argument and i don't think they would buy it if states adopted the disparity on a state level.
- GIOSTORMUSNLv 51 decade ago
Depends on the jurisdiction of the court involved. If the drugs were moved via U.S. Mail, or if you were in possession of the drugs on Federal Property makes it a federal offense. Federal property can be anything from a military installation to a National Forest, or parking lot of a federal agency building. In that case the person would be prosecuted by federal courts. It has nothing to do with quantity,, quantity only serves to determine whether the amount was an amount that qualifies as intent to distribute which would make the punishment higher.
- Anonymous1 decade ago
Your question is not specific enough. Both the federal and state governments have laws regarding cocaine possession and sale, and it is possible that what someone does may be illegal under both federal and state law. A lot of times it would just depend on which one decides to prosecute.
The federal government can only regulate sentencing in federal courts. So any guidelines that Congress comes up with would not affect state inmates, who are under the jurisdiction of the state government.
- 1 decade ago
I can't really tell you when federal charges are triggered in drug offenses because I know there are loopholes in the rule of thumb that I'm about to relate to you... basically if you commit a crime but don't cross state lines or use something federal during the course of the crime you will only face state charges. However if you cross state lines or use something federal (like the post office) during the crime its a federal offense. So if you kidnap someone and take them from San Francisco to LA then its state crimes your looking at, but if you take someone from SF to NY then its federal.
Federal laws and the sentences associated with those crimes are written by the US congress while state laws are created by that state's legislature- this is why there is a difference between the two systems.
- amaletaLv 44 years ago
it is definitely a rip-off. the subsequent step is the place you deliver most of the money lower back to him. Then, after your verify clears, your financial employer shows out that his verify is drawn on a non-existent financial employer. Your verify has already cleared and so which you lose what you sent, plus the fees for deposting the fraudulent verify. Depositing a bum verify would nicely be a state crime, even though it is not any longer a federal crime.
- g_insaneLv 41 decade ago
If it's discovered that the drugs were distrubuted beyond state lines then it becomes a federal issue.
- 1 decade ago
I believe it has to do with the quantity...but I am concerned about WHY you are asking this question.....