CRIME: Local, State, & Federal

by Kelly M. Glenn

A crime is an act or omission that violates a law and is punishable by a government authority.  That government authority exists at local, state, and federal levels in the United States.  There is some overlap in which authority can and/or does enforce various laws.  One reason that overlap exists is because laws at all three levels apply to each citizen or visitor in the following way:

• federal laws apply to everyone throughout the United States, 
• state laws apply to everyone who lives in or visits a particular state, and
• local laws apply to everyone who lives in or visits a particular locality, like a county, city, or town.  

In other words, in any given place you are standing, sitting, or laying down, you have three levels of laws that apply to you.  With few exceptions, anywhere you exist in the United States, you are within a locality that is within a state that is within the country.

So, you might be wondering why we need three different levels of government to create laws and to define the crimes those laws address.  Let’s look at three circumstances that not only necessitate the different levels of governing authority but that also provide us with certain benefits and protections:

First, states are sovereign, both from each other and from the federal government; therefore, legally, they can create, pass, and enforce laws that are applicable within their borders.  Does that mean they can create, pass, and enforce any law they want to?  Of course not!  If a state law violates a right afforded to all citizens by the United States Constitution, it can be challenged, and if found to conflict with federal law, the Supremacy Clause of the Constitution provides that the state law is subordinate to federal law.  

While that sounds easy enough, new and pre-existing state laws are constantly being challenged in federal courts for their constitutionality.  Some examples include laws that are often associated with controversial political platforms, such as:  

• state laws that restrict or expand legal access to abortion, 
• state laws that restrict or expand protections for LGBTQ+ communities, and
• state laws that restrict or expand legal gun ownership.

Another reason three levels of laws exist is because while it makes sense that federal laws apply to all citizens of the United States, it’s not logical for every state to enforce the same laws.  Each state is different.  They differ in how and when they became a state.  They differ in land mass and topography.  They differ in the natural resources they have to offer and so on.  Because of their many differences, it simply doesn’t make sense to have a one-size-fits-all approach to what is defined as a crime at the state level.  Some examples of state laws that exist in some states but not in others include:  

• state laws that regulate offshore commercial fishing, 
• state laws that prohibit or provide for the creation of casinos, and 
• state laws that designate certain geographical areas as nature preserves.

Even when states share similar laws, they may define crimes and penalties slightly differently, depending on the needs, preferences, and traditions of that state.  For example, every state regulates marriage in some form or fashion, whether it be by defining the youngest age someone can marry without parental consent, how many witnesses need to be present, or how many days two people must wait to wed after getting their marriage license.  Every state outlines these requirements, but each state might vary in the specifics.

Finally, a third reason three levels of laws exist is because even within a state, those needs, preferences, and traditions can necessitate variations in law from one locality to the next.  Cities, counties, and towns derive their power to create, pass, and enforce their own ordinances from the state within which they exist, and as long as a local ordinance does not conflict with a state law, it is permissible to adopt and enforce.  

For example, Nevada may or may not consider it to be a crime against the state to cross the street where there is no crosswalk, however, Las Vegas may need strict local ordinances about jaywalking – something that smaller cities in Nevada might scoff at but can literally save lives on the fast-paced Vegas Strip!  

As you can see, we have varying needs within our own different levels of citizenship; thus, we elect government officials to create, pass, and enforce laws that reflect those needs at each level.  As citizens of the United States, we need laws to protect our voting rights.  As citizens of a state, we need laws that outline when someone is guilty of committing a larceny against us, and as citizens of a locality, we benefit from having the park next door to our house closed from dusk until dawn.  

Now that we understand why it makes sense that the three levels of government create, pass, and enforce different laws, we also need to understand why the three levels of government sometimes enforce the same laws.  Take a look at the chart below:

Notice some of the overlapping crimes?  You might be wondering why two different levels of government need to enforce laws that define the same crimes.  The answer lies in the power of each level to adopt the laws of another level.  States can adopt federal laws, and localities can adopt state laws.  But what would be the benefit, you might ask…

Money!!!

When fines are attached to certain crimes, the federal government, state, or locality receive those fines depending upon how the offender was charged.  Let’s look at a scenario:

Sophie is driving through your neighborhood when she chucks her trash from her lunch right out the window of her Prius.  (Confusing, we know!)  Officer Alston just so happens to turn the corner when she does it and sees the whole thing!  He initiates a traffic stop, and as Sophie is wiping her tears with a fast food napkin, he writes her a summons for littering.  

Two weeks later, Sophie and Officer Alston are standing in front of the local judge.  He hears testimony from both of them and decides to fine Sophie $25 for littering.  If Officer Alston used the state code when he wrote the summons, Sophie will pay that money to the state.  However, if the city, county, or town you live in has adopted a local ordinance against littering and Officer Alston charged Sophie under that local code, the fine goes to YOUR locality.  The fines can be used to fund programs and improvements that benefit the citizens of that locality directly.

With that said, it doesn’t always benefit the locality to adopt every state law into local ordinances, so they tend to focus on what is most applicable to their circumstances and what they can benefit from financially.  Remember, every locality is unique, just like how every state is unique.  Each locality within each state adopts ordinances that meet their needs, and each state within the United States does the same with their laws!

So, we’ve talked about states adopting and enforcing federal laws and localities adopting and enforcing state laws, but what about the other way around?  Does it benefit the federal government to adopt state laws as federal laws or a state to adopt local ordinances as state law?

Short answer:  not really.  

Again, money is the motivator here, and it’s for good reason.  Can you imagine an FBI Agent spending their time enforcing the leash laws of the city they are assigned to?  Of course not!  If time equals money – and it does – the federal government does not want to spend federal tax dollars paying FBI Agents to enforce small dollar local ordinances or even crimes against a state. It simply wouldn’t be a good use of your federal tax dollars to do that when federal crimes are awaiting investigation by federal agents who are trained and authorized to do so.  Not to mention, our collection of federal laws would be incredibly cluttered if it included every state law and local ordinance!

When looking at federal, state, and local laws and the crimes they define, it’s important to recognize that each level has its purpose and that we, as citizens and/or visitors,  have a responsibility to be aware of them and to follow each set of laws applicable to us. 

And just when you thought you had enough to remember, keep in mind this old saying as it applies to crime, “Ignorantia juris non exusat,” which translates to: “Ignorance of the law is no excuse.”  

Suggested Citation for this Article

Glenn, K.M., Criminal Justice Know How, LLC, April 2020, Crime: Local, State, and Federal. https://criminaljusticeknowhow.com/crime-local-state-federal/.