State vs Federal Crime

Federal vs. State Crime
While some crimes are deemed to be state crimes, others are considered to be federal crimes. In essence, a vast majority of crimes are heard and determined in state courts as they happen to be state crimes. In seeking to distinguish between federal and state jurisdiction in prosecutions of a criminal nature, and in reference to crimes against persons, this text will concern itself with kidnapping. Kidnapping, in basic terms, has got to do with the illegitimate or illegal restraint/imprisonment and transfer of an individual from a specified place to another against his or her will (Carper, McKinsey, and West, 2007). Kidnapping could be prosecuted in either federal or state courts.
Kidnapping as a Federal Offense
When state lines are breached, then kidnapping automatically becomes a federal felony. More specifically, in the words of Bacigal (2008), “whoever unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away and holds for ransom or reward or otherwise any person when the person is willfully transported in interstate or foreign commerce” commits a federal offense as per the Federal Kidnapping Act. It is important to note that it is presumed that the transportation of a victim of kidnapping across state lines has already occurred when 24 hours elapse without the victim having been returned. This effectively warrants the involvement of the FBI and converts the kidnapping into a federal offense (Bacigal, 2008).
Kidnapping for the purpose of obtaining ransom was commonplace in the 20th century (Hickey, 2003). In what inspired what is popularly referred to as ‘the Lindberg Law,’ Charles Lindberg’s son was kidnapped in 1932 – with those who held him against his will demanding ransom for his release. It is this particular event that “led to the passing of the ‘Lindberg Law,’ which focused on kidnapping across state lines and made it a federal offense punishable by death” (Hickey, 2003, p. 272). Later on, an amendment to this law permitted the FBI to pursue all kidnapping instances “after 24 hours, even within state lines” (Hickey, 2003, p. 272).
Kidnapping as a State Offense
Kidnapping charges, it should be noted from the onset, vary from one state to another. Having said that, the prosecution of a majority of kidnapping cases takes place at the state level. According to Pollock (2015), kidnapping is considered a state crime in the absence of interstate elements. In the words of the author, “state statutory provisions have greatly enlarged the scope of kidnapping and, in some instances, added other offenses that directly relate to kidnapping, but do not require that all elements be proved” (180). For instance, in some states, the person perpetrating the kidnapping ought to have an illegitimate basis for the said kidnapping, i.e. for purposes of interfering with an ongoing concern of a legal nature or obtaining a ransom. In New York, for instance, the basis (or purpose) for kidnapping remains an issue of great significance.
Impact of Cultural Factors on the Prosecution of Crimes
Various cultural factors could influence the prosecution of a kidnapping offense. For instance, while kidnapping, as has been defined above, involves the restraint/imprisonment and transfer of an individual from a specified place to another against his or her will, bride kidnapping is a cultural practice which has historically been cherished in some cultures, i.e. among Native Americans. Today, it is still practiced in parts of Africa and Central Asia. Bride kidnapping in a cultural setting is referred in more favorable terms as bride capture. In this case, forced marriage prohibitions would apply in the United States – where the applicable laws would be those against slavery and forced labor.


References
Bacigal, R.J. (2008). Criminal Law and Procedure: An Overview (3rd ed.). Mason, OH: Cengage Learning
Carper, D., McKinsey, J. & West, B. (2007). Understanding the Law (5th ed.). Mason, OH: Cengage Learning
Hickey, E. (Ed.). (2003). Encyclopedia of Murder and Violent Crime. Thousand Oaks: SAGE
Pollock, J.M. (2015). Criminal Law (11th ed.). New York, NY: Routledge