A Case Study in Controlling Federalization

Total Page:16

File Type:pdf, Size:1020Kb

A Case Study in Controlling Federalization PROSECUTORIAL DISCRETION AND PROSECUTION GUIDELINES: A CASE STUDY IN CONTROLLING FEDERALIZATION MICHAEL A. SniMONS* In this Article Michael Simons examines the ways in which die federalization of crime can be controlled. Simons argues that prosecutorial discretion is the most important variable in the federalization process and dial controlling prosecutorial discretion is the key to controlling federalization. He presents the Child Support Recovery Act as a model for how prosecution guidelines for federal criminalstat- utes can provide such control Federalization of criminal child support enforce- ment has been successful because federal prosecutorshave exercised discretion in a manner consistent with the concerns expressed by the bench and the academy about federalization. Simons concludes by exploring how such guidelines would prevent the implementation of other criminalstatutes from usurpingstate authority, over- whelming the federal courts, and treating individual defendants unfairly. Introduction .................................................... 894 I. The Federalization Controversy: An Overview ......... 902 A. A Brief History of Federalization ................... 902 B. Federalization's Critics .............................. 907 1. The Political Objections to Federalization ...... 908 2. Institutional Objections to Federalization ....... 910 3. The Fairness Objections to Federalization ...... 916 II. Controlling Federalization .............................. 919 A. The Judiciary's Role in Controlling Federalization.. 919 B. Congress's Role in Controlling Federalization ...... 924 C. The Prosecutor's Role in Controlling Federalization ....................................... 930 III. A Case Study in Controlled Federalization: The CSRA .................................................. 936 A. The Problem of Interstate Child Support ........... 937 1. The Statistical Evidence ........................ 937 2. The Anecdotal Evidence ........................ 938 * Assistant Professor of Law, St. John's University, Assistant United States Attorney, Southern District of New York, 1995-1998. B.A., 1986, College of the Holy Cross;, J.D., 1989, Harvard University. I owe thanks to John Barrett, Paul Kirgis, Gerard Lynch, Mary Lyndon, Michael Perino, David Sklansky, Susan Stabile, Brian Tamanaba, David Wilkins, and the participants in the faculty writing workshop at St. John's University School of Law for their helpful comments on earlier versions of this Article; to Irene Mazun, Jamie O'Grady, John Rondello, and Andrea Wienert for research assistance; and to the Summer Research Program at St. John's for financial support. 893 Imaged with the Permission of N.Y.U. Law Review NEW YORK UNIVERSITY LAW REVIEW [Vol. 75:893 3. State Enforcement Mechanisms ................. 939 4. State Criminal Statutes ......................... 941 B. Congress's Response: The CSRA .................. 942 1. The Political Forces ............................. 942 2. The Statute ..................................... 943 3. The CSRA and the Principles of Federalization ................................... 944 C. The Judiciary's Response: Constitutional Challenges to the CSRA ....................................... 947 D. The Department of Justice's Response: Implementation of the CSRA ...................... 949 1. CSRA Prosecutions and the Attorney General's Guidelines ...................................... 949 2. CSRA Prosecutions and the Principles of Federalization ................................... 952 IV. A Proposal for Federalization Guidelines ............... 956 Conclusion ..................................................... 963 Appendix: Federal Cases Filed 1934-1999 ...................... 964 INTRODUCTION Timothy McVeigh planted the bomb that blew up the Alfred P. Murrah Federal Building in Oklahoma City, killing 168 people, many of them federal employees.' Rita Gluzman killed her husband with an ax after he took up with another woman. 2 John Gotti ran the Gambino crime family, overseeing an extensive loan-sharking and ex- tortion racket and ordering at least a half-dozen murders.3 Leroy Carolina robbed a gas station of $144 and stole a car to make his get- away.4 Martin Frankel is accused of masterminding a fraud and money-laundering scheme that stole hundreds of millions of dollars from insurance companies in five different states.5 Gary Johnson failed to pay $6,813.90 in child support. 6 The one thing these defendants have in common is that each was prosecuted in federal court. That McVeigh, Gotti, and Frankel were prosecuted by federal authorities should not be surprising. McVeigh's 1 See United States v. McVeigh, 153 F.3d 1166, 1176 (10th Cir. 1998). 2 See United States v. Gluzman, 154 F.3d 49, 50 (2d Cir. 1998). 3 See United States v. Locascio, 6 F.3d 924, 929 (2d Cir. 1993). 4 See United States v. Carolina, 61 F.3d 917 (10th Cir. 1995) (mem.); Plaintiff-Appel- lee's Brief at 4, Carolina (No. 94-6439) (on file with the New York University Law Review). 5 See Timothy R. Brown, Five States Sue Financier Frankel, A.P., Online, May 9,2000, available in 2000 WL 20906886; Leslie Wayne, U.S. Indicts a Financier Held in Germany on 36 Counts of Fraud, N.Y. Times, Oct. 8, 1999, at C1. 6 See United States v. Johnson, 114 F.3d 476, 478-79 (4th Cir. 1997). Imaged with the Permission of N.Y.U. Law Review October 2000] PROSECUTORIAL DISCRETION act of terrorism struck directly at the federal government. Organized crime rackets like Gotti's have long been the target of federal law enforcement. And Frankel's alleged fraud was complex and exten- sive, with his victims spread around the nation. But it may be surprising-indeed, to some, distressing-that Gluzman, Carolina, and Johnson found themselves in federal court. Murder, robbery, car theft, and failure to pay child support are among the many crimes that have traditionally been prosecuted in state court. They are also among the many crimes that have now been 7 "federalized. This federalization" of crime has been subjected to sharp criti- cism-criticism that has increased in the past few years. In his 1998 year-end report on the federal judiciary, Chief Justice Rehnquist de- cried Congress's record of federalization in the 1990s, arguing that "[t]he trend to federalize crimes that traditionally have been handled in state courts not only is taxing the Judiciary's resources and affecting its budget needs, but it also threatens to change entirely the nature of our federal system."9 Rehnquist's concerns are shared widely. In De- cember 1998, an American Bar Association Task Force composed of 7 See, e.g., Child Support Recovery Act of 1992 (CSRA), 18 U.S.C. § 228 (Supp. IV 1998); Hobbs Act, 18 U.S.C. § 1951 (1994) (robbery); Anti-Car Theft Act, 18 U.S.C. § 2119 (1994 & Supp. IV 1998) (carjacking); Violence Against Women Act, 18 U.S.C. § 2261 (1994 & Supp. IV 1998) (domestic violence). Of these four federal statutes, only the Hobbs Act was enacted before 1992. See Sara Sun Beale, Federalizing Crime: Assessing the Impact on the Federal Courts, 543 Annals Am. Acad. Pol. & Soc. Sci. 39, 43 (1996) (discussing federalization in 1980s and 1990s); see also Task Force on Federalization of Crim. Law, American Bar Ass'n, The Federalization of Criminal Law 7 n.9 (1998) [hereinafter ABA Task Force] (noting that more than 25% of federal criminal laws enacted since Civil War have been enacted since 1980). 8 The term "federalization" usually describes the legislative process of enacting federal criminal laws that cover conduct that is already criminal under state law. See Rory K. Little, Myths and Principles of Federalization, 46 Hastings I..1029,1030 n.2 (1995) (dis- cussing "federalization" as term of art). In some important ways, this conception of feder- alization is unduly narrow. For one, as will become apparent from the thesis of this Article, Congress is not the only participant in the process of extending federal law to cover conduct usually prosecuted by states-prosecutors and judges also play important roles in that process. See infra Parts fl.A, II.C. In addition, the creation of new federal crimes is not the only way in which Congress expands the scope of federal criminal law. The allocation of federal resources through congressional budgets has as much, if not more, effect on the make-up of the federal criminal docket as do the laws on the books. See Daniel C. Richman, Federal Criminal Law, Congressional Delegation, and Enforce- ment Discretion, 46 UCLA L. Rev. 757, 793-99 (1999) (describing influence of Congress's power of purse over criminal enforcement decisionmaking). Although this "federalization by appropriation" is, in many respects, more significant than the creation of new federal crimes, it is the new crimes that have attracted the most attention and around which the federalization debate has revolved. Thus, my argument is primarily directed at new federal crimes, and the ways in which that kind of federalization can or should be controlled. 9 William ILRehnquist, The 1998 Year-End Report of the Federal Judiciary, Third Branch, Jan. 1999, at 2 [hereinafter Rehnquist, 1998 Report]; accord William H. Rehnquist, Imaged with the Permission of N.Y.U. Law Review NEW YORK UNIVERSITY LAW REVIEW [Vol. 75:893 federal and state judges, prosecutors, and defense attorneys, as well as academics, concluded that "inappropriate federalization" causes "long-range damage to real crime control and to the nation's structure."' 0 Law reviews, too, have been filled with articles complaining about the adverse affects of increasing
Recommended publications
  • Mandatory Minimum Penalties and Statutory Relief Mechanisms
    Chapter 2 HISTORY OF MANDATORY MINIMUM PENALTIES AND STATUTORY RELIEF MECHANISMS A. INTRODUCTION This chapter provides a detailed historical account of the development and evolution of federal mandatory minimum penalties. It then describes the development of the two statutory mechanisms for obtaining relief from mandatory minimum penalties. B. MANDATORY MINIMUM PENALTIES IN THE EARLY REPUBLIC Congress has used mandatory minimum penalties since it enacted the first federal penal laws in the late 18th century. Mandatory minimum penalties have always been prescribed for a core set of serious offenses, such as murder and treason, and also have been enacted to address immediate problems and exigencies. The Constitution authorizes Congress to establish criminal offenses and to set the punishments for those offenses,17 but there were no federal crimes when the First Congress convened in New York in March 1789.18 Congress created the first comprehensive series of federal offenses with the passage of the 1790 Crimes Act, which specified 23 federal crimes.19 Seven of the offenses in the 1790 Crimes Act carried a mandatory death penalty: treason, murder, three offenses relating to piracy, forgery of a public security of the United States, and the rescue of a person convicted of a capital crime.20 One of the piracy offenses specified four different forms of criminal conduct, arguably increasing to 10 the number of offenses carrying a mandatory minimum penalty.21 Treason, 17 See U.S. Const. art. I, §8 (enumerating powers to “provide for the Punishment of counterfeiting the Securities and current Coin of the United States” and to “define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations”); U.S.
    [Show full text]
  • Investigation Discovery's April 2014 Programming Highlights
    INVESTIGATION DISCOVERY’S APRIL 2014 HIGHLIGHTS ** Denotes programs with artwork available on Investigation Discovery’s Press Website All Times ET // All airdates are subject to change INVESTIGATION DISCOVERY PRESS CONTACTS: Donna Nasserghodsi Charlotte Bigford [email protected] [email protected] 240-662-3124 240-662-3125 SPECIALS RESTLESS SOULS TV-14(LSV) One-Hour Special Premieres Monday, April 14 at 9/8c RESTLESS SOULS examines the 2004 murder mystery of Ashley Howley and how a complete stranger, psychic medium Kristy Robinett, volunteered her services to help solve the case and bring closure to Howley’s family. Interviews with Robinett, law enforcement, and loved ones including Howley’s cousin and the family spokesperson Kerry Combs, illustrate the three-year police investigation alongside Robinett’s independent search for answers using the victim’s own ghostly clues as her guide. PREMIERES KARMA’S A B*TCH! ** TV-14(L) Season 2 Premieres Thursday, April 17 Returning with outrageously creative and comical ways to get mad and get even, Sopranos’ star Steve Schirripa serves up another round of ruthless revenge schemes on KARMA’S A B*TCH! From disgruntled employees turning on their horrible bosses to underdogs publically shaming their mean-girl bullies and scorned lovers fighting for their fairytale ending after Prince Charming charmed the pants off someone else, each episode highlights hilarious ways to appropriately – or not so appropriately – settle the score. Ranging from covert operations to public shaming or viral vengeance, each half hour episode features two revenge stories that prove “what goes around, comes around.” TBD Premieres Thursday, April 17 at 10/9c Determined to get even with a corrupt moving company, a woman goes undercover for the FBI.
    [Show full text]
  • Regulating Local Variations in Federal Sentencing
    BIBAS LOCAL VARIATIONS IN FEDERAL SENTENCING 58 STAN. L. REV. 137 10/28/2005 1:29:23 PM REGULATING LOCAL VARIATIONS IN FEDERAL SENTENCING Stephanos Bibas* INTRODUCTION................................................................................................ 137 I. TYPES, COSTS, AND SOURCES OF LOCAL VARIATION.................................. 139 A. Justified and Unjustified Types of Local Variation............................. 139 B. Sources of Local Variation.................................................................. 141 II. A CASE STUDY OF UNJUSTIFIED VARIATION: FAST-TRACK PROGRAMS.... 145 III. A MIXED BAG: SUBSTANTIAL ASSISTANCE DEPARTURES ........................ 148 A. How Substantial Assistance Works in Practice................................... 148 B. How To Achieve the Right Blend of Uniformity .................................. 151 CONCLUSION ................................................................................................... 154 INTRODUCTION While federalism justifies variations among state laws, federal criminal law is supposed to be a uniform national response to crimes of national import. On paper, a single set of federal criminal statutes and Federal Sentencing Guidelines applies uniformly throughout the United States. But in practice, federal criminal charges and sentences vary greatly from state to state and from district to district. For example, some districts regularly prosecute low-level drug offenders. Others set high drug-quantity thresholds for charging and refer less significant cases
    [Show full text]
  • 17-15016 Date Filed: 03/27/2020 Page: 1 of 104
    Case: 17-15016 Date Filed: 03/27/2020 Page: 1 of 104 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-15016 ________________________ D.C. Docket No. 5:14-mc-00002-MTT MARION E. PITCH, The Personal Representative of the Estate of Anthony S. Pitch, Plaintiff – Appellee, LAURA WEXLER, Intervenor, versus UNITED STATES OF AMERICA, Defendant – Appellant. ________________________ Appeal from the United States District Court for the Middle District of Georgia ________________________ (March 27, 2020) Case: 17-15016 Date Filed: 03/27/2020 Page: 2 of 104 Before ED CARNES, Chief Judge, WILSON, WILLIAM PRYOR, MARTIN, JORDAN, ROSENBAUM, JILL PRYOR, NEWSOM, BRANCH, GRANT, TJOFLAT, and MARCUS, Circuit Judges.* TJOFLAT, Circuit Judge: The grand jury, as an institution, has long been understood as a “constitutional fixture in its own right,” operating independently of any branch of the federal government. United States v. Williams, 504 U.S. 36, 47, 112 S. Ct. 1735, 1742 (1992) (internal quotation marks omitted). That independence allows the grand jury to serve as a buffer between the government and the people with respect to the enforcement of the criminal law. But the ability of the grand jury to serve this purpose depends upon maintaining the secrecy of its proceedings. The long-established policy of upholding the secrecy of the grand jury helps to protect the innocent accused from facing unfounded charges, encourages full and frank testimony on the part of witnesses, and prevents interference with the grand jury’s deliberations. See Douglas Oil Co. v. Petrol Stops Nw., 441 U.S.
    [Show full text]
  • Federal Domestic Violence and Stalking Crimes Case Law
    Federal Domestic Violence and Stalking Crimes Case Law Revised 2017 Toll Free: (800) 903-0111, prompt 2 Direct: (703) 312-7922 Fax: (703) 312-7966 Email: [email protected] Web: www.fullfaithandcredit.org This document is for informational purposes only. Nothing contained in this document is intended as legal advice to any person or entity. Please independently verify the information found in this document. This project is supported by Grant No. 2016-TA-AX-K052 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice, Office on Violence Against Women. TABLE OF CONTENTS NOTE: For your convenience, hyperlinks are located on each page nuber in this Table of Contents. For faster access, please select the page number you would like to view. INTERSTATE DOMESTIC VIOLENCE ..................................................................................................... 8 SECOND CIRCUIT (Connecticut, New York, and Vermont) .............................................................................8 United States v. Gluzman, 154 F.3d 49 (2nd Cir. 1998). .....................................................................................8 United States v. Frank, 8 F.Supp.2d 253 (S.D.N.Y. 1998). ..................................................................................8 THIRD CIRCUIT (Delaware, New Jersey, Pennsylvania, Virgin Islands)
    [Show full text]
  • Box Folder 26 10 Pincus, Louis. 1963-1971
    MS-763: Rabbi Herbert A. Friedman Collection, 1930-2004. Series H: United Jewish Appeal, 1945-1995. Subseries 2: Correspondence, 1947-1982. Box Folder 26 10 Pincus, Louis. 1963-1971. For more information on this collection, please see the finding aid on the American Jewish Archives website. 3101 Clifton Ave, Cincinnati, Ohio 45220 513.487.3000 AmericanJewishArchives.org ....-1•TANT llXllfCUTIV'S D IAIDCTOR 1"71SS PltACHTA£E RO-'D• N . £. ATi..ANTA. GEORGIA 80309 . -THE .ATLANTA Atlanta, Ga. 30302, Sunday, NoveD)her 7, 1971 . 270· Pages - 16 Sections **** P.O. Box 4689 \ - ~ . _:.;.... .•-:..,..-- ~· .....,.,,. .~ .. - . ' .. .. ··- _,,,_._. --------------- . .. .. .. 'r"-• • • .. ~ . .. , .. : · ------:;· ~ :. ,·.-: .. ·-.!-: · ~ ·:~HILD UKRAINIAN NEVER SAW WAITS .. f_ • • .. ... - • •·. -- Fo tf/J ! er' s ·pffea May Free Man in Russia· By REG ~fCRPHY Fowler was interested in the case, and promised before He ls a unh•ersity-trained biologist, but he was reqwred to C~ · l)r of The At/ant.a Con•titut lo" lea\'ing for Russia as a part of the American Council of work as a carpenter in the Ukraine. Because he desired to Ru.ssia may al!O\\' Yakov Gluzman to leave the Ukraine Young Political Leaders lo help. He took along a copy of the move to Israel, he was not allowed to pursue his professional ~ause of the inlen•ention lhis past week of Atlanta Alder­ Oct. 18 edition of The Atlanta C-Onstitution which told of Mrs. career. man Wyche Fowler. Gluzman's errorts, and used the newspaper in making his His wife was allowed to move in September 1969, along If Gluzman does gain permission to emigrate, it will be plea.
    [Show full text]
  • Members by Circuit (As of January 3, 2017)
    Federal Judges Association - Members by Circuit (as of January 3, 2017) 1st Circuit United States Court of Appeals for the First Circuit Bruce M. Selya Jeffrey R. Howard Kermit Victor Lipez Ojetta Rogeriee Thompson Sandra L. Lynch United States District Court District of Maine D. Brock Hornby George Z. Singal John A. Woodcock, Jr. Jon David LeVy Nancy Torresen United States District Court District of Massachusetts Allison Dale Burroughs Denise Jefferson Casper Douglas P. Woodlock F. Dennis Saylor George A. O'Toole, Jr. Indira Talwani Leo T. Sorokin Mark G. Mastroianni Mark L. Wolf Michael A. Ponsor Patti B. Saris Richard G. Stearns Timothy S. Hillman William G. Young United States District Court District of New Hampshire Joseph A. DiClerico, Jr. Joseph N. LaPlante Landya B. McCafferty Paul J. Barbadoro SteVen J. McAuliffe United States District Court District of Puerto Rico Daniel R. Dominguez Francisco Augusto Besosa Gustavo A. Gelpi, Jr. Jay A. Garcia-Gregory Juan M. Perez-Gimenez Pedro A. Delgado Hernandez United States District Court District of Rhode Island Ernest C. Torres John J. McConnell, Jr. Mary M. Lisi William E. Smith 2nd Circuit United States Court of Appeals for the Second Circuit Barrington D. Parker, Jr. Christopher F. Droney Dennis Jacobs Denny Chin Gerard E. Lynch Guido Calabresi John Walker, Jr. Jon O. Newman Jose A. Cabranes Peter W. Hall Pierre N. LeVal Raymond J. Lohier, Jr. Reena Raggi Robert A. Katzmann Robert D. Sack United States District Court District of Connecticut Alan H. NeVas, Sr. Alfred V. Covello Alvin W. Thompson Dominic J. Squatrito Ellen B.
    [Show full text]
  • Choosing the Next Supreme Court Justice: an Empirical Ranking of Judicial Performance†
    Choosing the Next Supreme Court Justice: † An Empirical Ranking of Judicial Performance Stephen Choi* ** Mitu Gulati † © 2004 Stephen Choi and Mitu Gulati. * Roger J. Traynor Professor, U.C. Berkeley Law School (Boalt Hall). ** Professor of Law, Georgetown University. Kindly e-mail comments to [email protected] and [email protected]. Erin Dengan, Édeanna Johnson-Chebbi, Margaret Rodgers, Rishi Sharma, Jennifer Dukart, and Alice Kuo provided research assistance. Kimberly Brickell deserves special thanks for her work. Aspects of this draft benefited from discussions with Alex Aleinikoff, Scott Baker, Lee Epstein, Tracey George, Prea Gulati, Vicki Jackson, Mike Klarman, Kim Krawiec, Kaleb Michaud, Un Kyung Park, Greg Mitchell, Jim Rossi, Ed Kitch, Paul Mahoney, Jim Ryan, Paul Stefan, George Triantis, Mark Seidenfeld, and Eric Talley. For comments on the draft itself, we are grateful to Michael Bailey, Suzette Baker, Bill Bratton, James Brudney, Steve Bundy, Brannon Denning, Phil Frickey, Michael Gerhardt, Steve Goldberg, Pauline Kim, Bill Marshall, Don Langevoort, Judith Resnik, Keith Sharfman, Steve Salop, Michael Seidman, Michael Solimine, Gerry Spann, Mark Tushnet, David Vladeck, Robin West, Arnold Zellner, Kathy Zeiler, Todd Zywicki and participants at workshops at Berkeley, Georgetown, Virginia, FSU, and UNC - Chapel Hill. Given the unusually large number of people who have e-mailed us with comments on this project, it is likely that there are some who we have inadvertently failed to thank. Our sincerest apologies to them. Disclosure: Funding for this project was provided entirely by our respective law schools. One of us was a law clerk to two of the judges in the sample: Samuel Alito of the Third Circuit and Sandra Lynch of the First Circuit.
    [Show full text]
  • Investiture of Judge Roy K. Altman by Benjamin J
    The Historical Society of the U. S. Courts in the Eleventh Circuit 11th Circuit Historical News Volume XVI, Number 3 https://sites.google.com/site/circuit11history Winter 2019 Charles A. Pannell, Jr.: a profile By Marti A. Minor On Dec. 1, 2019, Judge Charles A. Charles A. Pannell, Sr., of the Georgia Pannell, Jr. marked his 20th year on Court of Appeals, who told his son the District Court for the Northern that being a judge is really quite District of Georgia. Before joining easy: “You just follow the law.” Of the federal bench, Pannell served course, he undoubtedly knew “the more than 20 years as a superior law” is often murky at best. But over court judge in Georgia’s Conasauga the last 40 years, his son has taken Judicial Circuit, which includes this brilliantly simple instruction Whitfield and Murray counties. from his father and combined it These four decades of public with his own common sense and service have included thousands of keen instinct for fairness to become written opinions, countless hours in a well-known and highly respected open court, instructions to legions trial judge in the state of Georgia. of jurors, and, most importantly, Pannell was born in Georgia, grew decisions, decisions, decisions. The up on a farm in Georgia, attended hallmark of any respected jurist is, public schools in Georgia and after all, well-reasoned decision- graduated from the University of making. For 40 years, Judge Pannell Georgia — undergraduate and law has fulfilled his responsibility to make school. His ancestors fought in the judicial decisions in a deliberate, For more than 40 years, Judge Charles A.
    [Show full text]
  • Federal Criminal Law: the Eedn , Not for Revised Constitutional Theory Or New Congressional Statutes, but the Exercise of Responsible Prosecutive Discretion G
    Hastings Law Journal Volume 46 | Issue 4 Article 10 1-1995 Federal Criminal Law: The eedN , Not for Revised Constitutional Theory or New Congressional Statutes, But the Exercise of Responsible Prosecutive Discretion G. Robert Blakey Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation G. Robert Blakey, Federal Criminal Law: The Need, Not for Revised Constitutional Theory or New Congressional Statutes, But the Exercise of Responsible Prosecutive Discretion, 46 Hastings L.J. 1175 (1995). Available at: https://repository.uchastings.edu/hastings_law_journal/vol46/iss4/10 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Federal Criminal Law: The Need, Not for Revised Constitutional Theory or New Congressional Statutes, But the Exercise of Responsible Prosecutive Discretion by G. ROBERT BLAKEY* The safety of the people is the Supreme law.** Introduction Justice Frankfurter put it well: "In law.., the right answer usu- ally depends on putting the right question."' My basic point is that major aspects of systems of legal justice deal with antisocial behavior. That an aspect of these systems may be categorized as "criminal," "civil," "state," "federal," or "international," is relevant principally to a question of legal theory or governmental organization, which is fun- damentally secondary to the character of the behavior itself.2 In short, we have to look at the behavior first-and only then ask ques- * William J.
    [Show full text]
  • The Marcus Tradition Corporate Art Curator Julie Kronick Continues the Legacy of Retail Icon Stanley Marcus Lobby Living Room
    FRANK FRAZETTA DAT–SO–LA–LEE JULIAN ONDERDONK SPRING 2010 $9.95 MAGAZINE FOR THE INTELLIGENT COLLECTOR THE MARCUS TRADITION Corporate art curator Julie Kronick continues the legacy of retail icon Stanley Marcus Lobby Living Room Luxe Accommodations The French Room 1321 Commerce Street ▪ Dallas, Texas 75202 Phone: 214.742.8200 ▪ Fax: 214.651.3588 ▪ Reservations: 800.221.9083 HotelAdolphus.com CONTENTS HIGHLIGHTS THE MARCUS TRADITION 60 years after Stanley Marcus launched 50 the Neiman Marcus Collection, Julie Kronick remains focused on the company’s artistic goals CREATIVE FORCE: DAT-SO-LA-LEE By the time of her death in 1925, 56 weaver was already a legend among American Indian artisans PIN-UP MASTERS With a wink and a smile, these seven 60 legendary artists are driving demand in the red-hot glamour art market IN EVERY ISSUE 4 Staff & Contributors 6 Auction Calendar 8 Looking Back … 10 Top Searches 12 Auction News 80 Experts 81 Consignment Deadlines On the cover: Neiman Marcus corporate curator Julie Kronick by Kevin Gaddis Jr. Stanley Marcus photograph courtesy Neiman Marcus. George Petty (1894-1975) Original art for True magazine (detail), 1947 Watercolor on board, 22.5 x 15 in. Sold: $38,837 October 2009 Pin-up Masters (page 60) HERITAGE MAGAZINE — SPRING 2010 3 CONTENTS TREAsures 14 WORLD COINS: 1936 Canadian Dot Cent minted after King Edward VIII abdicated to marry American divorcée 16 AMERICANA: Newly discovered campaign banner found under home floorboards 18 HOLLYWOOD MEMORABILIA: Black Cat poster and Karloff costume are testaments to horror movie’s enduring popularity Edouard-Léon Cortès (1882-1969) Porte St.
    [Show full text]
  • Federal Criminal Law: the Eedn , Not for Revised Constitutional Theory Or New Congressional Statutes, but the Exercise of Responsible Prosecutive Discretion G
    Notre Dame Law School NDLScholarship Journal Articles Publications 1995 Federal Criminal Law: The eedN , Not for Revised Constitutional Theory or New Congressional Statutes, But the Exercise of Responsible Prosecutive Discretion G. Robert Blakey Notre Dame Law School, [email protected] Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Part of the Criminal Law Commons Recommended Citation G. R. Blakey, Federal Criminal Law: The Need, Not for Revised Constitutional Theory or New Congressional Statutes, But the Exercise of Responsible Prosecutive Discretion, 46 Hastings L.J. 1175 (1994-1995). Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/784 This Article is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. Federal Criminal Law: The Need, Not for Revised Constitutional Theory or New Congressional Statutes, But the Exercise of Responsible Prosecutive Discretion by G. ROBERT BLAKEY* The safety of the people is the Supreme law.** Introduction Justice Frankfurter put it well: "In law.., the right answer usu- ally depends on putting the right question."' My basic point is that major aspects of systems of legal justice deal with antisocial behavior. That an aspect of these systems may be categorized as "criminal," "civil," "state," "federal," or "international," is relevant principally to a question of legal theory or governmental organization, which is fun- damentally secondary to the character of the behavior itself.2 In short, we have to look at the behavior first-and only then ask ques- * William J.
    [Show full text]