Federal criminal law is the body of law that defines offenses against the United States and sets out how those offenses are charged, tried, and punished. Federal prosecutions are brought by United States Attorneys in the federal judicial districts, and they proceed under the Federal Rules of Criminal Procedure and the statutes of Title 18 of the United States Code.
What Is Federal Criminal Law?
Federal criminal law consists of the statutes in Title 18 (and scattered provisions elsewhere in the United States Code) that criminalize conduct and fix punishment. 18 U.S.C. § 3231 assigns original jurisdiction over all of those offenses to the federal district courts:
“The district courts of the United States shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States.”
Key Statutes
Three provisions frame most federal criminal practice. The general five-year limitations period appears in 18 U.S.C. § 3282; the Speedy Trial Act’s time limits appear in 18 U.S.C. § 3161; and the controlling sentencing standard appears in 18 U.S.C. § 3553(a):
“The court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2) of this subsection.”
How a Federal Criminal Case Proceeds
A federal prosecution typically moves through these stages: investigation by a federal agency; charge by complaint, information, or grand jury indictment; initial appearance and arraignment; pretrial motions; trial or guilty plea; sentencing under the United States Sentencing Guidelines; and, where a party appeals, review in one of the regional courts of appeals. In the federal system, 94 district courts are organized into 12 regional circuits. Each circuit has its own court of appeals that reviews cases decided in U.S. district courts within the circuit.
Sentencing in federal cases is guided by the United States Sentencing Commission, which publishes the federal sentencing guidelines:
“The U.S. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984.”
Types of Federal Criminal Cases
- Fraud and white-collar offenses: mail and wire fraud, securities fraud, health care fraud, and public corruption.
- Drug offenses: trafficking and manufacturing offenses under the Controlled Substances Act.
- Firearms and violent crime: offenses under 18 U.S.C. § 922 and related provisions.
- Immigration offenses: illegal entry and reentry prosecutions under 8 U.S.C. § 1325 and § 1326.
- Offenses against government operations: obstruction, perjury, and false statements.
Federal Versus State Prosecution
The same conduct can sometimes be prosecuted in both systems, because federal and state offenses are defined by different sovereigns. A federal charge proceeds in the district court that covers the place where the offense occurred, and any appeal goes to the circuit that contains that district.