THE EFFECT OF FEDERALIZATION ON THE DEFENSE FUNCTION

The increasing federalization of crime gives rise to concurrent state and federal jurisdiction over most crimes. This dual jurisdiction enab les prosecutors to choose whether to prosecute in state or federal cou rts. It is generally easier to obtain conviction in federal courts, an d there is usually a large differential in the possible punishment und er the different systems, with the federal system often having the har sher sentencing structure. As a result, prosecutors have enormous powe r to coerce guilty pleas or to choose the easiest path to conviction a t trial. This concentration of power is worrisome, especially because there is at present no coherent policy about which crimes and which cr iminals should be prosecuted in state courts and which in federal cour ts. The result is that the prosecutorial advantages are employed rando mly, with predictable results: wide disparities in sentences for simil ar offenses committed by like offenders, and marked differences in enf orcement patterns across jurisdictions.