What Makes a Case Federal vs. State
A death penalty case becomes federal when it involves a crime that violates federal law rather than state law. Federal crimes include murders of federal judges or officials, murders during federal crimes like bank robbery or drug trafficking, terrorism, and kidnapping that crosses state lines. State cases involve crimes that happen within a state and violate that state's laws. Each state has its own death penalty laws, which means the rules and procedures can be different in each state.
Court System Differences
State death penalty cases start in state trial courts and can be appealed through state court systems up to the state supreme court. Federal death penalty cases start in federal district courts and are appealed through federal appeals courts and the U.S. Supreme Court. The judges and juries involved are different, as state courts handle state matters and federal courts handle federal matters. Federal courts have jurisdiction over matters involving federal law and the U.S. Constitution.
Legal Procedures and Standards
While both types of cases must follow constitutional protections, state and federal cases use different procedural rules. State cases follow the state's criminal code and procedure rules, which can vary widely from state to state. Federal cases follow the Federal Rules of Criminal Procedure and the federal criminal code. Both must meet standards set by the U.S. Constitution and decisions from the U.S. Supreme Court, but federal cases often involve more complex legal issues related to federal crimes.
Frequency and Statistics
State death penalty cases are much more common than federal cases. The vast majority of death penalty sentences in the United States come from state prosecutions. Federal death penalty cases are rare because federal crimes are less common than state crimes. Since 1988, there have been relatively few federal death penalty sentences compared to hundreds of state death sentences during the same period.
Appeals and Review Process
Both state and federal death penalty cases can be appealed to the U.S. Supreme Court, which is the highest court in the nation. State cases typically go through more state court levels before reaching federal courts, while federal cases move more directly through the federal system. Both types of cases can involve challenges based on constitutional rights, trial errors, or ineffective legal representation. The U.S. Supreme Court can review both state and federal death penalty cases for constitutional issues. 
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