Federal Prison. What's the requirement and is there a waiting list?

[AbeezieSoNeezie]

Federal = federal law
State = state law

it's either a Fed case or a State case.
but even if its a Fed case you will be held in State Prison until your trial is done or they can find a Fed bunk for you if you've been convicted. And which Fed prison youre in depends on your crime and number of offenses. When youre on the inside you can get transferred to a higher or lower security system based on a merit / point system as well.

Dublin has got a State and Fed (minimum, medium and maximum security) facilities.

The minimum security Federal Camp (FCI) and is like a summer camp compared to the higher security facilities.

Rita is a State prison and it sucks ass. A complete hell and shit hole hear. It's where Oakland sends all it's State Offenders for the most and I heard it's full of crack heads.

A few of my friends have been locked up and various of those facilities and jail (whether youre in it) or know someone who is locked up is a hell of a thing.

 

[mlm]

Ownage underway, baby:
" Who goes to federal prison:
Anyone who violates a federal law, usually including:
Large-scale drug traffickers
Organized crime figures
Robbers of federally chartered banks
Immigration violators
All Washington, D.C.-based felons
Those guilty of felonies on federal property, including military bases, or against some high-level federal employees.
White-collar criminals guilty of crimes such as securities or mail fraud.

Who goes to state prison:
Those charged with a felony by state authorities, usually including:
Murderers
Rapists
Robbers
Those who commit violent crimes using guns
White-collar criminals who did not also violate federal law, such as petty embezzlers. "


Now what? According to the prior assessment of simple fed vs state - that says nothing because clearly above you read that regardless of whether you THINK your federal or state crime of murder with a gun is - it falls under the "No get camp" guideline. You see, you basically said the chicken comes before the egg. Not true. The crime may very dictate WHICH law you are charged under. <- True or not? If so, then the answers are the very crimes above.

And with such - notice the last line in the above quoted text as far as who goes to state pen: "White-collar criminals who did not also violate federal law, such as petty embezzlers." <- that means if you're gonna embezzle, you better do it bigtime!

And what exactly is "white collar crime"? I'm pretty sure no jury has ever returned a verdict of "we find the defendant guilty of white collar crime in the first degree".

My definition is accurate. Please find an example of someone who was sentanced to federal prison by a state court and I'll conceed I'm wrong.

 

[Lester Green]

you'll have no prob figuring it out the pleading papers will tell you....The United States of America v T-1 Thunder.

 

[JakesKTM]

Rita is a State prison and it sucks ass. A complete hell and shit hole hear. It's where Oakland sends all it's State Offenders for the most and I heard it's full of crack heads.

Santa Rita is a county jail. :|

All offenders who are awaiting state prosecution are held in county jail :|

 

[T-1 Thunder]

There was also a case of a white collar criminal that didn't have a violent bone in his body. "The Polka King" - a polish guy that apparently never paid up on people he got investments from. However, at trail time - for some reason the state had a choice or something, and to the outrage and shock of everyone - he was put into a violent state pen. Of course, he was stabbed and cut while in custody there. A terrible thing.

But the point is that regardless of his crime is federal or state - and even beyond whether it was white collar and non-violent - he got screwed. What's up with that?


I hear some of the federal camps have little lakes and let you fish. Others let you get a job outside and even leave for the day trusting you to return. Crazy, huh?

Please find an example of someone who was sentanced to federal prison by a state court and I'll conceed I'm wrong.

I think I just provided an example of the opposite - good enough? (Federal multi-state "investment scam" = FEDERAL. End result -> sentenced STATE)

 

[mlm]

There was also a case of a white collar criminal that didn't have a violent bone in his body. "The Polka King" - a polish guy that apparently never paid up on people he got investments from. However, at trail time - for some reason the state had a choice or something, and to the outrage and shock of everyone - he was put into a violent state pen. Of course, he was stabbed and cut while in custody there. A terrible thing.

But the point is that regardless of his crime is federal or state - and even beyond whether it was white collar and non-violent - he got screwed. What's up with that?


I hear some of the federal camps have little lakes and let you fish. Others let you get a job outside and even leave for the day trusting you to return. Crazy, huh?



I think I just provided an example of the opposite - good enough?

It's all political. In lots of cases federal and state laws overlap.

Any no your example wasn't good enough . In that case I can pretty much assure you that the state prosecutor fought to have the case tried in state court.

Generally white collar crime is handled by the feds because the feds are the ones who investigate that type of stuff. If a white collar criminal really pissed of the locality where he committed the crime an abmitious prsecutor might argue to try the case locally under applicable state law.

 

[T-1 Thunder]

It's all political. In lots of cases federal and state laws overlap.

Bingo. So there has to be some written specific on what qualifies - or perhaps the case may be that it's up to the jury/judge/etc on a case by case basis?

One thing I see that's consistent is that most federal crimes are ALSO state crimes, which leaves them all open for state prosectution and sentece.

Yet I don't think there are any state crimes that alone also qualify as federal crimes.

This would mean that if it's a local crime - no chance for soup.
And if it's a federal - still a chance of no soup.

 

[Traq]

It's all political. In lots of cases federal and state laws overlap.

Yep. And you can be tried in both courts for it too. It isn't double jeopardy since you're being prosecuted under two different laws.

You see it now and then with murder charges. Feds will sometimes prosecute murders to get the death penalty when State charges don't (or can't) result in the death penalty...but only if there are circumstances of the crime that enable Federal prosecution for it.

 

[AbeezieSoNeezie]

Santa Rita is a county jail. :|

All offenders who are awaiting state prosecution are held in county jail :|

youre right.

 

[mlm]

Bingo. So there has to be some written specific on what qualifies - or perhaps the case may be that it's up to the jury/judge/etc on a case by case basis?

No there isn't. Prosecutors are elected officials and often have higher political ambitions (e.g. Rudy Giuliani). I believe it is customary for the state to have dibs on trying a case, but usually they'll just let the feds take care of things. Had your "Polka King" example not been in the news he'd have likely been tried in federal court and sentenced to fed prison. But he DID arouse attention and the state prosecutor decided he wanted the case...most likely to impress his constituency.

Also, it's not an either or issue. People can be tried by BOTH state and federal courts. And yes, IMO it DOES violate the spirit of double jepardy.

 

[mercurial]

I'm not an expert, but I think I can give a reasonable general gist on how it works:

First off, no one HAS to prosecute you for anything; I once got arrested for possession of illegal fireworks and when I showed up at court my case wasn't even on the calendar. The DA decided it wasn't worth his time.

If you are caught for something, the question then is: what laws/statutes did you violate? If its a state or local law and you get convicted, you serve time in a state prison (local jail if the term is less than one year for petty convictions).

If the crime violates a federal law and you get convicted, you serve time in a federal prison.

If the crime violates both state and federal law, they are free to both prosecute you, neither prosecute you, or negotiate where only one handles the prosecution. This allows them to gang up on you if they want to make a political statement (you can get sentenced to state prison, serve your time, then immediately get placed in a federal prison). This can also work as backup, if one fails to convict the other can retry, effectively negating the whole double jeopardy thing.

In practice, the feds handle most white collar crime because its stuff like mail fraud, massive ponzi schemes, money laundering, counterfeiting etc that is likely to stretch across multiple state lines and be far too difficult for state authorities to effectively combat; hence, federal prosecution handles this sort of stuff, and the convicted often get sent to federal prison as a result.

This would also be the reason for the reputation of "club fed"; because most federal crimes are nonviolent in nature, the prisoners are considered lower risk; lower risk means you can give them more freedom in a minimum security institution. Minimum security institutions often have unlocked doors (your room is more like a shared dorm), greater recreational facilities, libraries, and other amenities. State prisons, on the other hand, are often filled with alot of bad dudes; rapists, murderers, gang bangers, etc. Lots of gangs, higher security, less amenities.

Nevertheless, the whole "club fed" reputation is still stupid; prison sucks any way you cut it. Just because there is a reduced risk of getting stabbed in the yard, and you can read a few more books, doesn't mean that the time is easy.

 

[Ant]

A murder case can also be tried as a violation of civil rights so it can be both state or fed depending.

Waiting list for federal prison? Don't worry they'll make room for you T1

Btw, what did you do?

 

[T-1 Thunder]

Next question: Are ALL federal prisons luxury camps where you get steak and lobster? Or is that a small percentage among all their facilities?

 

[T-1 Thunder]

Waiting list for federal prison? Don't worry they'll make room for you T1

Btw, what did you do?

Hell, from what I hear - it would be better in fed camp than being homeless.
And I didn't do anything, nor am I "up to" anything.

My wife and I watch a lot of "actuality tv", and we just wonder about stuff.

 

[Traq]

Next question: Are ALL federal prisons luxury camps where you get steak and lobster? Or is that a small percentage among all their facilities?

Go figure it out yourself: http://www.bop.gov/

 

[mlm]

Next question: Are ALL federal prisons luxury camps where you get steak and lobster? Or is that a small percentage among all their facilities?

I have no idea. What did you do?

Seriously. They don't have low security prisons because they want to coddle people. It's all about cost and not having to pay for all the extra security for people who are unlikely to try breaking out or causing problems.

 

[notfromcali]

There was also a case of a white collar criminal that didn't have a violent bone in his body. "The Polka King" - a polish guy that apparently never paid up on people he got investments from. However, at trail time - for some reason the state had a choice or something, and to the outrage and shock of everyone - he was put into a violent state pen. Of course, he was stabbed and cut while in custody there. A terrible thing.

But the point is that regardless of his crime is federal or state - and even beyond whether it was white collar and non-violent - he got screwed. What's up with that?


I

I would say that the people who he stole from were actually the ones that got screwed. What happened to him would fall under karma, not screwing. There's one really easy way to keep from ending up like him....don't steal from other people.

 

[Lester Green]

Next question: Are ALL federal prisons luxury camps where you get steak and lobster? Or is that a small percentage among all their facilities?

yes, absolutely. steak,lobster and caviar every other Tuesday..
Homeless people are lining up, the waiting list is years..

 

[Ant]

Hell, from what I hear - it would be better in fed camp than being homeless.
And I didn't do anything, nor am I "up to" anything.

My wife and I watch a lot of "actuality tv", and we just wonder about stuff.

Any jail is better than being homeless. The myth that fed time is cushy is just that, a myth. There are minimum security fed prisons that are 'nicer' than thier counterparts but in general fed time is hard time compared to state.

 

[T-1 Thunder]

They don't have low security prisons because they want to coddle people. It's all about cost and not having to pay for all the extra security for people who are unlikely to try breaking out or causing problems.

yes, absolutely. steak,lobster and caviar every other Tuesday..
Homeless people are lining up, the waiting list is years..

The myth that fed time is cushy is just that, a myth.

Are you guys trying to say that it's just less security - without any EXPENSIVE luxuries(such as fish in a pond, good food, etc)?

Hmm - let it continue (copied from http://www.alanellis.com/CM/Reviews/top-five-prisons.asp):
"Yankton, South Dakota. “A stand alone federal prison camp,” Ellis says. “A vanishing breed. These are camps that are not satellites to larger more secure institutions. It happens to be a converted college that went defunct. It’s in the middle of the town, not on the outskirts. There is a lot of community programming. People leave during the day and come back at night.”

Englewood, Colorado. “That’s outside of Denver,” Ellis says. “It’s a satellite camp to the federal correction institution there. I’m told by my clients that it is a pretty laid back place.”

Texarkana, Texas. “The federal prison camp there has an drug and alcohol treatment program,” he says. “It has a pond stocked with fish. And one of my clients said he liked to spend his day fishing.”

Sheridan, Oregon. A federal prison camp outside of a medium level security facility about 60 miles from Portland.

Pensacola Naval Base. “You get out during the day, you work on the Naval base, you intermingle with Navy personnel,” Ellis says. “The food is better. You are outside. I’ve had people who were taking care of the grounds at the admiral’s house. The admiral’s wife would bring out lemonade, invite the inmate in for lunch. Things of that sort.”

“If you are Jewish, I would say the federal prison camp at Otisville, New York, about 70 miles from New York City,” Ellis adds. “It has programs for orthodox and religious Jews. It has religious furloughs where people leave the prison for religious holidays.”"