How Long Do You Go To Jail For Attempted Murders
10 Ways Murder Becomes a Federal Offense
Nether the Constitution, criminal law is mostly handled by individual states. If you are accused of murder committed in California, you volition most likely be charged and tried under California's laws. However, there are many circumstances in which killing someone can also break a federal law. In those instances, y'all tin can exist tried in federal court.
These cases normally involve killings that are related to the following:
- Drug trafficking
- Crossing state borders
- Occur on a torso of water
- Are considered an attack on the U.Southward. government or judicial organization
Here are 10 such circumstances in which a killing could be charged as a federal crime:
1. Murder of an Elected/Appointed Federal Official (18 U.s.C. Section 351, 1751)
If the victim is a Congressman, a Senator, the President, Vice President, a Cabinet officer (such equally the Secretary of State), or a Supreme Court Justice, or if their death was the event of a kidnapping , the offense would fall under federal jurisdiction nether 18 U.S.C. Section 351 and 18 U.South.C. Section 1751.1
2. Murder of a Federal Judge or Police force Enforcement Official (18 United statesC. Section 1114)
Similar to the above, it is also a federal criminal offense to impale a estimate appointed to the federal courts or to murder a federal law enforcement official, such equally an agent of the FBI or DEA.
3. Killing of an Immediate Family Member of Constabulary Enforcement Officials (18 U.S.C. Department 115(b)(3))
Not only does federal law protect law enforcement officials, but it also protects their family members from threats or retaliation intended to influence the police enforcement official into dropping their investigation.
four. A Killing Designed to Influence the Issue of a Court Case (18 U.S.C. Section 1512)
Federal law as well prohibits murders of court officers and jurors, or killings that are intended to foreclose testimony from a witness, police informant, or a victim. In add-on, it is also a federal crime to commit murder in retaliation for testimony given at a trial.
five. A Killing Committed During Bank Robbery (eighteen U.S.C. Section 1111)
Generally, the felony murder rule applies to whatsoever killings committed during the grade of a felony, such equally kidnapping or arson. Bank robbery itself is a federal crime as well as a felony. A murder committed during the course of a depository financial institution robbery can issue in federal charges.
This includes the killing of whatever staff, security guards, or customers in the bank, any murders of hostages, or any killings fabricated during the attempt to escape law enforcement.
6. Murder Related to Rape, Child Molestation, and Sexual Exploitation of Children (18 The statesC. Department 2248, 2251)
A federal murder charge can occur when the underlying felony that led to the victim's death is rape, or if the murder occurs in the course of the commission of a sexual crime against a child.ii
The logic backside the federal law is slightly different in the example of sexual exploitation of minors. The Commerce Clause of the U.S. Constitution gives Congress the power to regulate interstate and foreign commerce.3 The Supreme Courtroom has held this to mean that Congress can control the paths of commerce (such as roads, shipping lanes, and railways) every bit well equally what travels on those paths.4
If the murder is related to the transportation or transmission of illegal contraband such every bit kid pornography, it can be charged equally a federal offense.
7. Murder Aboard a Ship (18 U.s.a.C. Section 2280)
The official name of this type of criminal offense is "an offense against maritime navigation." Usually, this refers to piracy, which is the taking by force or threat of force of a send at sea. If a murder occurs during a crime that threatens the prophylactic travel of a ship either in U.S. waters, or if the victim is a U.South. national regardless of where the ship is when the murder takes identify, the homicide can be charged under federal police.
8. Drug-Related Murders (xviii UsaC. Department 36, 924(i))
Violence related to drug trafficking is a serious problem in the U.S. Some estimates place the number of deaths in the "War on Drugs" between 2006 and 2010 higher than the number of soldiers killed in the Iraq War.5 It is no surprise and so that the U.South. government's policy is to punish drug-related murders under strict federal laws.vi
9. Murder for Hire (xviii U.Southward.C. Section 1958)
Why is murder-for-hire potentially a federal offense? Congress has legal jurisdiction over interstate commerce. Interstate commerce includes not but the paths that people tin travel between states, but as well the use of communication pathways such every bit the postal service, telephone lines, cellular towers, and other electronic advice.
If the killing tin can only be accomplished past causing a person to travel over country lines (including the victim), or by communicating the request past phone, postal service, or the Internet, the murder-for-hire could be a federal crime.
ten. Murder by Mail (18 U.S.C. Section 1716)
For the aforementioned reason as murder for hire, the use of the postal service to ship lethal items (such equally explosives, poisons, biological hazards, or even dangerous animals) intended to kill the recipient is also a federal criminal offence.7
Theodore Kaczynski, known also as the "Unabomber," was convicted in 1998 under this police force for sending bombs through the postal service that killed three people and injured 23 others.8
Contact the Attorneys at Wallin & Klarich to Begin Your Defense
If yous or someone you care about has been accused of murder, contact one of our experienced defense attorneys as soon as possible. At Wallin & Klarich, our attorneys have been successfully defending people accused of murder at the federal and state levels for over 40 years. We are committed to giving y'all the best defence force possible. Our attorneys are available to reply any of your questions.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, Due west Covina and Victorville, there is a Wallin & Klarich chaser experienced in federal criminal defense well-nigh yous no matter where y'all work or live.
Telephone call us today at (877) 4-NO-JAIL or (877) 466-5245 for a costless phone consultation. We will exist there when y'all phone call.
1. [Come across 18 U.Due south.C. 351 and 18 U.S.C. 1751.]↩
2. [See 18 UsC. 1111, xviii The statesC. 2245, and eighteen U.s.C. 2251]↩
3. [U.S. Const., Fine art. i, sec. 8, cl. 3.]↩
4. [Usa v. Lopez, 514 U.South. 549 (1995).]↩
5. [http://narcosphere.narconews.com/notebook/nib-conroy/2012/03/drug-state of war-related-homicides-the states-average-least-1100-twelvemonth]↩
6. [See, due east.g., 18 U.S.C. 36 and xviii U.Due south.C. 924(i).]↩
7. [http://writ.news.findlaw.com/hilden/20031015.html]↩
8. [http://www.crimemuseum.org/crime-library/ted-kaczynski-the-unabomber]↩
Source: https://www.wklaw.com/10-ways-murder-becomes-a-federal-crime/
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