Violent Crimes Making a Federal Case out of a Death Investigation

I. Introduction

How do you respond, as an Assistant United States Attorney, when an agent walks into your office and says, "I've got an investigation involving a death. Can that be a federal offense?" What establishes federal jurisdiction over a death case? After all, "[m]urder . . . is a quintessential example of a crime traditionally considered within the States' fundamental police powers." United States v. Drury, 344 F.3d 1089, 1101 (11th Cir. 2003). Must the death be a "murder" to constitute a federal offense? What evidentiary issues arise in these cases? What are the sentencing implications? This article is intended to provide answers to some of these questions. It is designed to arm you with some basic information so when that agent enters your office with a case involving a death, you will at least have a working knowledge of the subject matter sufficient to identify the issues and begin to...

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