Federal or State Crime?

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.

Levy, R.A. (2011, September/October). Rights, powers, dual sovereignty, and federalism. Cato Institute. Retrieved at http://www.cato.org/policy-report/septemberoctober-2011/rights-powers-dual-sovereignty-federalism

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).

SAMPLE SOLUTION

Federal or State Crime

Kidnapping Scenario Rita is a young black female aged 22years. She accepts a ride to Westwood California from her home in Eugene, Oregon, to attend her friend’s baby shower party. Through her judgment, the couple in the car that offered a ride looked rather clean and decent. Besides, they had a young child with them. To her surprise, after getting into the car, the driver, Mr. Smith Cook an African immigrant, detours from the main road onto a small dirt road and stopped.  Cook zaps her with a small stun gun while his wife Jenny gets out with the baby. He handcuffs her and places on her head, a heavily insulated box that prevents her from seeing or hearing anything. Once they arrive at their home, Rita is tortured and after…