Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Criminal law

PDF

2010

Pace University

Articles 1 - 1 of 1

Full-Text Articles in Law

Returning Prosecutions To The States: A Proposal For A Criminal Justice Restoration Act, John A. Humbach Oct 2010

Returning Prosecutions To The States: A Proposal For A Criminal Justice Restoration Act, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The expensive and largely redundant Federal justice bureaucracy could be reduced to a fraction of its size by restoring to the states their traditional role of prosecuting crimes that fall under state jurisdiction. Returning criminal justice functions to the states can not only reduce the impact and effective reach of Federal power but can also achieve a surprisingly substantial decrease in Federal spending.

A small change in the wording of an existing Federal statute could accomplish the restoration.

This essay sets out and briefly analyses such a proposal.