The state and federal courts largely exercise concurrent jurisdiction over most criminal law matters. Consequently, most discussions of federalization of crime involve the theoretical question of what crimes should or should not be federalized. Professor Blakey argues that an answer to this question can easily be found in the Constitution.
In his Article, Professor Blakey contends that the true focus of the discussion should not be on "federalization." Rather, he maintains, a meaningful evaluation of the federal system of criminal justice should question whether the system is responding to the antisocial behavior that leads to crime. The author believes we should focus on personnel, administration, procedure, and substantive law to ensure that the criminal justice system is meeting the needs of its people.
G. Robert Blakey,
Federal Criminal Law: The Need, Not for Revised Constitutional Theory or New Congressional Statutes, But the Exercise of Responsible Prosecutive Discretion,
46 Hastings L.J. 1175
Available at: https://repository.uchastings.edu/hastings_law_journal/vol46/iss4/10