MovieChat Forums > Orange Is the New Black (2013) Discussion > A lot of these crimes are not federal

A lot of these crimes are not federal

posted 8 years ago by Tufflaw
5 replies | jump to latest

I like the show a lot, but the only thing that drives me nuts is that a lot of the crimes these women are in for are either not federal crimes, or at least would almost never be prosecuted as federal crimes.

Assuming Maritza went down for attempted grand larceny of the car, that would never be prosecuted federally, it's a local charge of Attempted Grand Larceny.

Flaca selling fake drugs, also local. Even if they threw in a Reckless Endangerment for the dead kid, the feds would never touch it. And she gets arrested by a local police officer and detective and taken to a local precinct.

Most of the drug stuff would likely be handled locally as well. The feds take only the very high level stuff or trafficking - like Alex and Piper were appropriately charged federally. Most of the rest are low-level, as far as the feds are concerned.

Black Cindy, assuming she went down for stealing in connection with her job as a TSA agent, could have gone either way. Feds might have kept it since she did it while working at the airport, but in reality local police would have likely kept it.

Sophia - Credit card fraud on such a low level would never be takem by the feds.

Crazy Eyes - Clearly a local crime. Kidnapping and felony murder, she would have gotten 25-life after trial in a New York court, there's no reason for the feds to take it at all.

Gloria - ripping off food stamp cards, local crime.

Pennsatucky - absolutely local crime. The fact that it was an abortion clinic is irrelevant - when people shoot and kill doctors in real life who perform abortions, they are prosecuted locally, not federally.

[–] Manowar2010 8 years ago

I agree with you on some of these, however, I think it's possible some COULD be prosecuted federally. Maybe someone more knowledgeable will comment.

Maritza - we don't know how far she went with the car (at least up until S3 E13), or how big their operation was. It looks like it was a small operation with just those 3, but it's my understanding that if the car crosses state lines it can be considered a federal crime.

Pennsatucky - although we know her motives were just personal, Pennsatucky later made it seemed like the attack was motivated by religion, which could cause it to be considered a hate crime which would be prosecuted federally.

Manowar2010

[–] Trackmaster 8 years ago

No, Pennsatucky committed murder. She's only in a minimum security prison because she had access to a high priced fancy legal team and convinced the jury that it was religiously based. Usually murder is supposed to be life in max or the death penalty.

[–] InglouriousSister 8 years ago

I'm not American, so I don't really know much about this stuff. Would the distinction between federal and state crime (?) mean different courts and also different prisons? I mean are there no prisons with both federal inmates and those who operated purely in one state?

If those who sold drugs or committed credit card fraud and such did it in several states, who would prosecute and where would they end up?

Do you even know what honor is?
- A horse.

[–] dm1499 8 years ago

Most crimes violate state laws and are tried in state courts. However, when a crime occurs in multiple states (as you mentioned) or happens on federal property (like national parks), it can be tried in federal courts. Also, if it involves federally protected property (as in possessions, not land) such as U.S. mail, the crime can be tried in federal courts.

Iirc, federal crimes can also involve some civil rights violations, such as when a state agent abuses his power.

State courts are separate from federal courts, as are prisons. I suppose it would be possible for a state prison to house federal prisoners, but I believe they would be in different units if they did that.

If someone commits federal crimes in several states, it could be prosecuted in federal courts, or it could be prosecuted in the involved state courts, depending on whether or not the federal law enforcement decides to pursue the case.

[–] 8 years ago

[deleted]