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John,
In the wake of the DC policing takeover, reporting has highlighted how federal authorities have aggressively prosecuted low-level offenses that would normally be handled at the local level. Throwing a sandwich at an FBI agent can result in an attempted indictment for federal felony assault on an officer in the hands of an overzealous prosecutor. But this isn’t a threat unique to DC.
In our new report, “ Over-Federalization: Federal Intrusion Into State Criminal Law, [[link removed]] ” we discuss how overbroad federal laws allow federal authorities to prosecute offenses normally left to local prosecutors, including street crimes and even minor offenses. This over-federalization threatens democracy and increases incarceration. Given that federal prosecutions of traditionally local offenses are focused disproportionately on Black urban neighborhoods, over-federalization also deepens racial disparities in sentencing.
The report offers background on the longstanding bipartisan criticism of the over-federalization of criminal law and provides clear solutions to halt the expansion and begin to undo some of its injustices—such as responding to concerns about crime by investing in community-based solutions and abolishing federal mandatory minimum sentences.
The Sentencing Project urges the public to recognize that federal overreach in local criminal justice systems is not an abstract legal issue—it’s a threat to local governance, the right to protest, and equity.
READ REPORT [[link removed]]
[[link removed]] Liz Komar
Sentencing Reform Counsel
[email protected]
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