Crime in DC
May 10, 2006 6:15 PM Subscribe
Is every crime committed in the District of Columbia considered a federal crime?
Depends on whether you mean "federal crime" in a practical or theoretical sense. In a practical sense, the answer is "no," since DC has its own laws as noted by cerebus19. In a theoretical sense, the answer is arguably "yes," since DC is a federal district and the city council's legislative authority derives from and is overseen by Congress.
posted by brain_drain at 6:32 PM on May 10, 2006
posted by brain_drain at 6:32 PM on May 10, 2006
Technically no, since ambassadors have diplomatic immunity.
posted by lekvar at 6:48 PM on May 10, 2006
posted by lekvar at 6:48 PM on May 10, 2006
The governance of the District of Columbia is, by express Constitutional provision, an exclusive matter of Federal government power -- making the theoretical answer to your question "yes, absolutely." Congress and the President delegated some authority to DC officials, including the right to administer a local criminal code, but those officials, and the rules they administer, are no less federal than the Commissioner of the IRS and the Treasury Regulations he administers.
Beyond theory, there are also important practical senses in which the answer is "yes." For example, people convicted of D.C. crimes (like those convicted in military courts martial) have a direct right of appeal to the Federal Court of Appeals, whereas people convicted of state crimes can only access the Federal courts indirectly, under writs of habeas corpus or petitions for writs of certiorari, alleging violations of the U.S. Constitution.
posted by MattD at 7:18 PM on May 10, 2006 [1 favorite]
Beyond theory, there are also important practical senses in which the answer is "yes." For example, people convicted of D.C. crimes (like those convicted in military courts martial) have a direct right of appeal to the Federal Court of Appeals, whereas people convicted of state crimes can only access the Federal courts indirectly, under writs of habeas corpus or petitions for writs of certiorari, alleging violations of the U.S. Constitution.
posted by MattD at 7:18 PM on May 10, 2006 [1 favorite]
In one practical sense, yes, because convicted felons go to federal prison, according to the Department of Corrections.
posted by Sxyzzx at 7:24 PM on May 10, 2006
posted by Sxyzzx at 7:24 PM on May 10, 2006
It depends on what you mean by Federal Crime. If the definition of a Federal crime is a violation of sections of the U.S. code containing criminal penalties, then the answer is no. If the definition of a federal crime is the violation of a law enacted by the U.S. Congress, the answer is yes, as all laws passed by the D.C. Council are not law until enacted by Congress. Many of the major statutory crimes in D.C. were enacted before the current D.C. Council system was put in place, meaning that many of the laws were only enacted by Congress.
posted by Ironmouth at 8:54 PM on May 10, 2006
posted by Ironmouth at 8:54 PM on May 10, 2006
Response by poster: Thanks for the great answers everyone.
posted by pealco at 2:25 AM on May 11, 2006
posted by pealco at 2:25 AM on May 11, 2006
Also, "all serious local crime" in the District is prosecuted by the local office of the U.S. Attorneys (the feds).
posted by exogenous at 10:20 AM on May 11, 2006
posted by exogenous at 10:20 AM on May 11, 2006
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posted by cerebus19 at 6:21 PM on May 10, 2006