Michigan Law Review Volume 109 Issue 4 2011 Federalism and Criminal Law: What the Feds Can Learn from the States Rachel E. Barkow New York University School of Law Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Criminal Law Commons, and the State and Local Government Law Commons Recommended Citation Rachel E. Barkow, Federalism and Criminal Law: What the Feds Can Learn from the States, 109 MICH. L. REV. 519 (2011). Available at: https://repository.law.umich.edu/mlr/vol109/iss4/2 This Article is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact
[email protected]. FEDERALISM AND CRIMINAL LAW: WHAT THE FEDS CAN LEARN FROM THE STATES Rachel E. Barkow* Criminal law enforcement in the United States is multi- jurisdictional.Local, state, and federal prosecutors all possess the power to bring criminal charges. An enduring question of crimi- nal law is how authority should be allocated among these levels of government. In trying to gain traction on the question of when crime should be handled at the federal level and when it should be left to local authorities,courts and scholars have taken a range of approaches. Oddly, one place that commentators have not looked for guidance on how to handle the issue of law enforcement allo- cation is within the states themselves.