Components of Federal Criminal Law (CRS Report for Congress)
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| Release Date |
Sept. 12, 2024 |
| Report Number |
R48177 |
| Report Type |
Report |
| Authors |
Peter G. Berris, Coordinator; Michael A. Foster |
| Source Agency |
Congressional Research Service |
Summary:
Congress has enacted many federal criminal laws covering topics as diverse as drug trafficking,
immigration, assault, computer hacking, bribery, and wildlife trafficking, among others.
Congress’s continuing interest in establishing criminal penalties for conduct in a wide range of
areas presents the question: What are the requisite components of a valid federal law that is
criminal in nature? This report examines that question, focusing on core components of a federal
criminal law: (1) jurisdictional basis; (2) prohibited conduct; (3) mental states; and (4) penalties.
• Jurisdictional Basis. A jurisdictional basis addresses Congress’s constitutional
authority to enact a criminal law. While the states possess a general police power to
enact and enforce laws carrying criminal penalties, and most criminal law exists at the
state level, several enumerated powers in the Constitution may provide Congress with
the basis to enact federal criminal prohibitions, such as the authority to regulate interstate and foreign
commerce; to protect federal property and personnel; and to secure certain rights under the Thirteenth,
Fourteenth, and Fifteenth Amendments.
• Prohibited Conduct. Assuming that there is a source of constitutional authority to enact a criminal law,
Congress may define the behavior or activity that is to be criminalized—that is, the prohibited conduct. A
key requirement of prohibited conduct is an act (affirmative conduct) or omission (a failure to act), though
exact formulations of the concept vary. Questions that may arise in defining proscribable conduct include
the potential line between thoughts and speech, and special considerations for status offenses (e.g.,
criminalizing a condition) and inchoate offenses (e.g., solicitation, conspiracy, attempt).
• Mental States. With exceptions, criminal laws generally require not only a guilty act but also a guilty
mind. The requirement of responsibility or blameworthiness implicates numerous, nuanced questions. For
example, where on a spectrum of mental culpability should someone fall to trigger criminal liability under a
statute, and what terminology can be used to identify that point? What happens if Congress omits a mental
state requirement? If Congress includes a mental state requirement, to what portions of the prohibited
conduct will it apply? Imprecise and variable terminology may complicate the answers to many of these
questions. There is no centralized or standardized mental state framework at the federal level, meaning that
the mental state required for a federal criminal offense depends on an array of interpretive tools, including
context and caselaw.
• Penalties. Congress has authorized a variety of penalties in federal criminal statutes, including
imprisonment, capital punishment, fines, criminal asset forfeiture, and restitution. The Eighth Amendment
may limit the availability of these penalties, particularly in the context of capital punishment, in light of the
amendment’s prohibition of cruel and unusual punishment.
