When Is Murder a Federal Crime?

 Posted on July 28, 2023 in Federal Crimes

Murder is typically a crime under state law, with each state having its own statutory framework and criminal justice system. However, in certain circumstances, murder can cross into federal jurisdiction. Today, we will look at the factors that determine when murder becomes a federal crime and the legal implications associated with federal murder charges. For federal murder charges, you need to hire a criminal defense attorney, not afraid of the federal government and its resources as you fight to secure your exoneration.

Crossing State Lines

One key factor that may elevate a murder case to the federal level is when the crime crosses state lines. Under the Commerce Clause of the United States Constitution, the federal government has jurisdiction over criminal cases that involve a substantial connection to interstate commerce. Suppose a murder involves crossing state or national borders, such as taking place during the commission of a federal offense. In that case, the federal government may assert jurisdiction to prosecute the individuals involved.

Murder on Federal Property

Another circumstance under which murder becomes a federal crime is when it occurs on federal property. Federal law applies within federally owned or controlled territories, including national parks, military bases, and other federal facilities. Murders committed on these premises are subject to federal jurisdiction and are typically handled by federal law enforcement agencies, such as the Federal Bureau of Investigation (FBI).

Murder Involving Federal Officials

The federal government also has jurisdiction over murder cases that involve federal officials. If a murder is committed against a federal law enforcement officer, elected official, or judge becomes a federal crime. These cases carry significant federal interest due to their impact on the functioning of the government and national security, which warrants federal prosecution to preserve the integrity of public institutions.

Hate Crimes or Civil Rights Violations

Murders motivated by hate or targeting an individual due to their race, religion, national origin, gender, or protected class status, may also fall within federal jurisdiction. The federal government has laws in place to address hate crimes and civil rights violations and thus can prosecute murder cases associated with these offenses. It ensures the protection of individuals' civil rights and preserves public trust in the legal system.

Contact a Chicago, IL Criminal Defense Lawyer

Whenever someone is charged with murder, the situation for the accused party is dire. And when facing federal murder charges, the entire case becomes even more legally perilous for the party facing the charges. If this sounds like you, contact the experienced Chicago, IL criminal defense attorney with Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney. Call 312-629-0669 for a free consultation.

Source - https://constitution.congress.gov/browse/essay/artI-S8-C3-1/ALDE_00013403/