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Criminal Law

: Sentencing Law and Policy

"Federalism and Criminal Law: What the Feds Can Learn from the States"

By Douglas A. Berman

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The title of this post is the title of this exciting-sounding new piece from Professor Rachel Barkow appearing on SSRN.  Here is the full abstract: Criminal law enforcement in the United States is multi-jurisdictional.  Local, state, and federal prosecutors all possess the power to bring criminal charges.  An enduring question of criminal law is how authority should be allocated among these levels of government. In trying to gain traction on the question of when crime should be handled at the federal level and when it should be left to local authorities, courts and scholars have taken a range of approaches.  Oddly, one place that commentators have not looked for guidance is within the states themselves to see how they handle the issue of law enforcement allocation...continue to full post

Full post as published by Sentencing Law and Policy on March 01, 2010 (boomark / email).

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