In the United States we have state courts and federal courts. These two types of courts operate independently of each other. The vast majority of criminal cases are brought in state courts.

The Utah State legislature decides what will and will not be a violation of the state criminal law. By comparison, the United States Senate and House of Representatives determine what will and will not be a violation of the federal criminal law. The United States Constitution places limitations upon the federal government’s ability to pass criminal laws.

In order for a particular activity to be a violation of federal criminal law, there must be some connection between the activity and a substantial federal interest such as interstate commerce, interstate travel, national defense, or international affairs. Despite these limitations, the federal criminal code has grown more expansive to the point where there are substantial overlaps between state and federal criminal law. Despite the constitutional prohibition on double jeopardy, an individual under certain circumstances may be prosecuted in both the federal and state criminal justice systems for essentially the same conduct. While that is a rare situation, it underscores the point that the state and federal criminal justice systems are independent from one another.

The Utah State and Federal criminal justice systems are different in three ways that are important to the person who has been charged with a crime: First, the punishment is usually much more severe in Federal Court; second, because of the severe punishment a defendant is generally less likely to risk going to trial and more likely to enter into a plea bargain in the Federal system; third, there are fewer cases in the Federal system, as a result Federal prosecutors vigorously prosecutor each and every case. Don’t forget Federal prosecutors have the financial resources and the investigative power of the U.S. Government behind them.