Simone Lawson
The US Constitution outlines federal crimes, which are offences that violate US federal laws. Federal crimes are investigated by federal law enforcement and prosecuted by US attorneys in federal courts. There are only three crimes listed in the Constitution, but there are many other federal crimes that are tried and convicted in federal courts, such as drug trafficking and conspiracy. The three crimes mentioned in the Constitution are treason, piracy, and counterfeiting.
| Characteristics | Values |
|---|---|
| Number of crimes listed in the US Constitution | 3 |
| Crimes listed in the US Constitution | Treason, Piracy, Counterfeiting |
| Crimes not listed in the US Constitution but tried in federal courts | Drug Trafficking, Conspiracy, Murder, Robbery |
| Rights of citizens prosecuted by the federal government | Due process of law, Right to a speedy trial, Right to a public trial, Right to a jury trial, Right to have the trial in the district where the crime took place, Right to be told what charges have been filed, Right to confront witnesses at trial, Right to compel witnesses to testify at trial, Right to assistance of counsel |
| Characteristics of federal crimes | Mandatory minimums for drug and child sex-related offenses, Prosecution guidelines established by the United States Attorney |
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What You'll Learn
Treason
> Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Constitution's framers shared the view that all citizens owed a duty of loyalty to their nation. They included the Treason Clause to guard against the historic use of treason prosecutions by repressive governments to silence legitimate political opposition. The Framers were aware of the "numerous and dangerous excrescences" that had disfigured the English law of treason, and so they intended to put it beyond the power of Congress to extend the crime and punishment of treason.
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Piracy
In 2011, the government indicted Ali Mohamed Ali, a Somali national, for negotiating and receiving a ransom in an act of piracy, as well as conspiracy to commit piracy and hostage-taking. The case, United States v. Ali, was filed in the District Court of the District of Columbia and appealed. The district court dismissed the conspiracy and hostage-taking charges, concluding that prosecuting Ali for his acts abroad would violate his right to due process.
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Counterfeiting
The federal crime of counterfeiting is codified in the US Code, specifically 18 U.S.C. § 471, which is commonly referred to as forgery. This statute lays out the elements and punishments for counterfeiting. Anyone who forges or alters any United States currency, obligations, or securities with the intent to defraud can be charged with this crime. An "obligation or other security" includes bonds, currencies, federal reserve notes, coupons, treasury notes, gold or silver certificates, certificates of deposit, bills, checks, and money orders.
To act with an "intent to defraud" means to act with the specific intent to deceive or cheat, typically to cause financial loss to another or bring about financial gain for oneself. It is not necessary to prove that anyone was actually defrauded, only that the defendant acted with the intent to defraud or mislead.
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Federal hate crimes
Federal crimes are offenses that violate US federal laws. They are investigated by federal law enforcement and prosecuted by US attorneys in federal courts with federal judges.
The US Constitution directly refers to only three crimes: treason, piracy, and counterfeiting. However, it does not mention the vast array of violent and theft crimes. Federal hate crimes are among the offenses that fall under federal laws.
Federal hate crime laws cover offenses committed based on the victim's perceived or actual characteristics, including race, color, religion, national origin, sexual orientation, gender, gender identity, or disability. These laws are enforced by the Department of Justice, with the Federal Bureau of Investigation and campus police departments collecting and publishing hate crime statistics.
The Violent Crime Control and Law Enforcement Act mandates increased penalties for hate crimes motivated by bias. The Hate Crimes Prevention Act, enacted in 2010, expanded the scope of federal hate crime laws by removing the condition that the victim be engaged in a federally protected activity.
Additionally, the Matthew Shepard and James Byrd Jr. Act, signed by President Obama in 2009, further strengthened hate crime laws by addressing crimes motivated by the victim's actual or perceived sexual orientation or gender identity. The Act also covers crimes affecting interstate or foreign commerce or occurring within federal jurisdictions.
The most recent development in federal hate crime legislation is the Emmett Till Antilynching Act, signed by President Joe Biden in 2022. This Act extends culpability to conspirators who plan or assist in violent acts against victims based on their protected characteristics.
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Drug trafficking
Federal crimes refer to offences that violate US federal laws. They are investigated by federal law enforcement and prosecuted by US attorneys in federal courts.
For example, penalties can be increased if the defendant has a prior felony drug conviction or is a career offender (two or more felony drug offences or crimes of violence). There is a twenty-year mandatory minimum if death or serious bodily injury results from the use of the drug. There are also enhanced penalties for distribution to individuals under 21 or for distributions near schools, playgrounds, youth centres, arcades, pools, and public housing.
Additionally, there is a mandatory minimum of 20 years and a maximum of life imprisonment that can be imposed on a leader of an organization of five or more individuals who engage in a continuing series of drug violations from which the person derived substantial income. This is known as the "Drug Kingpin Statute".
There is also a "Crack House Statute", which imposes a twenty-year maximum penalty for opening, leasing, renting, or maintaining a premises for drug manufacturing, use, or distribution. This also applies to those who manage or control such premises, including owners and landlords of rental properties.
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Frequently asked questions
Federal crimes refer to offences that violate US federal laws. They are investigated by federal law enforcement and prosecuted by US attorneys in federal courts.
There are only three crimes listed in the US Constitution.
The three federal crimes listed in the US Constitution are treason, piracy, and counterfeiting.
Some examples of federal crimes that are not listed in the US Constitution include mail fraud, aircraft hijacking, drug trafficking, conspiracy, kidnapping, and identity theft.
The US Constitution provides several protections for individuals accused of federal crimes, including the right to due process, a speedy and public trial, and protection against excessive punishments and bail.
