8.2 21,784 Documentary Crime
Attempt is the incomplete form of some other underlying offense. Unlike state law, federal law does not feature a general attempt statute. Instead, federal law outlaws the attempt to commit a number of federal underlying offenses on an individual basis. Occasionally, federal law treats attempt-like conduct as an underlying offense; outlawing possession of drugs with intent to traffic, for instance. One way or another, it is a federal crime to attempt to commit nearly all of the most frequently occurring federal offenses.
8.2 21,784 Documentary Crime
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Zacarias Moussaoui, members of the Colombian drug cartels, members of organized crime, and some of the former Enron executives have at least one thing in common: they all have federal conspiracy convictions. The essence of conspiracy is an agreement of two or more persons to engage in some form of prohibited conduct. The crime is complete upon agreement, although some statutes require prosecutors to show that at least one of the conspirators has taken some concrete step or committed some overt act in furtherance of the scheme. There are dozens of federal conspiracy statutes. One, 18 U.S.C....
Virtually every federal criminal statute has a hidden feature; primary offenders and even their most casual accomplices face equal punishment. This is the work of 18 U.S.C. 2, which visits the same consequences on anyone who orders or intentionally assists in the commission of a federal crime.
Restitution endeavors to restore victims to the place where they stood when they became victims of crime. It seeks to make them whole and no more. In the case of a corporate or affluent defendant, victim restitution can be substantial; in some cases its value may be largely symbolic; in yet other cases it is irrelevant. Federal prosecutors collect roughly $1 billion a year for the victims of federal crimes. Yet prosecutors will likely never secure more than $1 out every $10 owed, and federal courts rarely, if ever, order restitution from the defendants convicted of the most commonly...
Law enforcement officials in the United States and abroad increasingly seek access to electronic communications, such as emails and social media posts, stored on servers and in data centers in foreign countries. Because the architecture of the internet allows technology companies to store data at a great distance from the physical location of their customers, electronic communications that could serve as evidence of a crime often are not housed in the same country where the crime occurred. This disconnect has caused governments around the world, including the United States, to seek data...
There is no statute of limitations for federal crimes punishable by death, nor for certain federal crimes of terrorism, nor for certain federal sex offenses. Prosecution for most other federal crimes must begin within five years of the commitment of...
Some defendants are ineligible for the death penalty regardless of the crimes with which they are accused. Children and those incompetent to stand trial may not face the death penalty; pregnant women and the...
A surprising number of federal crimes carry mandatory minimum terms of imprisonment; that is, they are punishably by imprisonment for a term of not less than some number of years. During the 114th Congress, Members have introduced a number of related proposals. Some would expand the scope of existing mandatory minimum sentencing provisions; others would contract their reach.
Thefts of credit-card and other customer information from major retailers in the fall of 2013 have renewed concerns about the security of credit cards and the information systems that hold, process, and transmit data from them, as well as other financial and personal information of consumers. The impacts and growing sophistication of such data breaches, along with the broader growth of cybercrime, has added urgency to long-standing concerns about the security of electronic data. The table below provides names and contact information for CRS experts on data security, cybercrime, privacy,...
Domestic and dating violence in Indian country are reportedly at epidemic proportions. However, there is a practical jurisdictional issue when the violence involves a non-Indian perpetrator and an Indian victim. Indian tribes only have criminal jurisdiction over crimes involving Indian perpetrators and victims within their jurisdictions. Most states only have jurisdiction over crimes involving a non-Indian perpetrator and a non-Indian victim within Indian country located in the state. Although the federal government has jurisdiction over crime committed by non-Indians against Indians in...
The Cyber Crime Protection Security Act (S. 2111) would enhance the criminal penalties for the cybercrimes outlawed in the Computer Fraud and Abuse Act (CFAA). Those offenses include espionage, hacking, fraud, destruction, password trafficking, and extortion committed against computers and computer networks. S. 2111 contains some of the enhancements approved by the Senate Judiciary Committee when it reported the Personal Data Privacy and Security Act (S. 1151), S.Rept. 112-91 (2011).
Concerns about hate crimes have become increasingly prominent among policymakers at all levels of government in recent years. This report compiles state statutes pertaining to hate crimes, including in the context of federal legislation such as the Violent Crime Control and Law Enforcement Act of 1994 and the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (the latter of which was signed by President Obama on October 28, 1999).
Federal and state legislators recognize the special concerns and effects of hate crimes. Although there is some federal legislation in place, many states have enacted some form of ethnic intimidation law or bias-motivated sentence-enhancement factors in attempts to curtail hate crimes. Several United States Supreme Court cases provide the framework in which states must legislate to ensure the constitutionality of hate crime legislation. After these landmark cases, the real questions for states involve identifying permissible ways to curtail hate crimes without infringing on any...
The proposals of the Court Security Improvement Act of 2007 (P.L. 110-177, H.R. 660 and S. 378), fall within one of four categories. One consists of amendments to existing federal criminal law. The bill increases the penalties for manslaughter committed during the course of an obstruction of justice and for witness intimidation and retaliation. It creates new federal crimes proscribing (1) the use of nuisance liens and encumbrances to harass federal officials; (2) the public disclosure of personal, identifying information concerning federal officials in order to intimidate them or incite...
The House passed H.R. 1279 , the Gang Deterrence and Community Protection Act of2005, on May 11, 2005. S. 155 , the Gang Prevention and Effective Deterrence Act of2005, addresses many of the same issues often to similar effect and occasionally in the samelanguage found in H.R. 1279. H.R. 1279, among other things, woulddramatically increase the criminal penalties that follow as a consequence of a conviction for violentcrimes, including gang offenses. It would expand the instances where juveniles charged with federalcrimes of violence could be tried as adults and would authorize...
The Gang Deterrence and Community Protection Act of 2005, H.R. 1279 as passed bythe House, among other things, would dramatically increase the criminal penalties that follow as aconsequence of a conviction for violent crimes, including gang offenses. It would expand theinstances where juveniles charged with federal crimes of violence can be tried as adults and wouldauthorize the establishment of criminal street gang enforcement teams. 041b061a72