Download Hierarchy of Criminal Courts-USA and more Lecture notes Federal Courts in PDF only on Docsity!
Hierarchy & Jurisdiction of Criminal Courts in United States of America The court system in the United States is based upon the principle of federalism. The first Congress established a federal court system , and the individual states were permitted to continue their own judicial structure. Under the concept of federalism, the United States developed as a loose confederation of semi- independent states having their own courts , with the federal court system acting in a very limited manner. In the early history of America, most cases were tried in state courts. It was only later that the federal government and the federal judiciary began to exercise jurisdiction over crimes and civil matters.
THE MODREN DUAL STRUCTURE
TRIAL COURTS
Trial courts are where criminal cases start and finish. State trial courts can be further divided into courts of: Limited or special jurisdiction. Courts of general jurisdiction. The nature and type of case determines which court will have jurisdiction. Courts of Limited or Special Jurisdiction : Courts that only hear and decide certain limited legal issues are courts of limited jurisdiction, such as: Traffic tickets or set bail for criminal defendants. Minor criminal cases (Infractions or Misdemeanors).
In addition, courts of limited jurisdiction may hear certain types of specialized matters such as: Probate of wills and estates. Divorces. Child custody matters. Landlord-tenant disputes. Juvenile proceedings. There are approximately 13,000 local courts in the United States. They are called county , magistrate , justice or municipal courts. Judges in these courts may be either appointed or elected.
They have authority over all types of cases and controversies and, unless otherwise geographically limited, may decide issues that occur anywhere within the state. Some larger jurisdictions such as Los Angeles or New York may have several courts of general jurisdiction within the city limits. These courts also hear the most serious forms of criminal matters including death penalty cases ( Felonies ). Courts of general jurisdiction traditionally have the power to order individuals to do or refrain from doing certain acts. These courts may issue injunctions that prohibit performing certain acts or require individuals to perform certain functions or duties. The power to issue temporary restraining orders (TROs) in spousal abuse cases.
APPELLATE JURISDICTION
Appellate jurisdiction is reserved for courts that hear appeals from both limited and general jurisdiction courts. These courts do not hold trials or hear evidence. They decide matters of law and issue formal written decisions or “opinions”. There are two classes of Appellate Courts: Intermediate , or Courts of Appeals. Final , or Supreme Courts.
SUPREME COURTS
Final appellate courts are the highest state appellate courts. They may be known as supreme courts or courts of last resort. There may be five , seven , or nine justices sitting on this court depending on the state. This court has jurisdiction to hear and decide issues dealing with all matters decided by lower courts, including ruling on state constitutional or statutory issues. This decision is binding on all other courts within the state. Once this court had decided an issue, the only potential appeal left is to file in the federal court system.
The Federal Court System While state courts had their origin in historical custom, federal courts were created by the U.S. Constitution. Section 1 of Article III established the federal court system with the words providing for: “ one Supreme Court, and... such inferior Courts as the Congress may from time to time ordain and establish .” From this beginning, Congress has engaged in a series of acts that has resulted in today's federal court system. The Judiciary Act of 1789 created the U.S. Supreme Court and established Federal District Courts and Circuit Courts of Appeals.
FEDERAL DISTRICT COURTS
Federal District Courts are the lowest level of the federal court system. These courts have original jurisdiction over all cases involving a violation of federal statutes or other instances of statutorily defined federal jurisdiction. FEDERAL CIRCUIT COURTS Federal Circuit Courts of Appeals are the intermediate appellate level courts within the federal system. The federal court system is divided into 13 judicial circuits. Eleven of the circuits are numbered. Each of the numbered circuits contains more than one state. The Ninth Circuit , for example, covers California, Oregon, Washington, Idaho, Nevada, Arizona, Alaska, and Hawaii. These courts hear all appeals from U.S. District Courts and habeas corpus appeals from state court convictions. These appeals are usually heard by panels of three of the appellate court judges rather than by all the judges of each circuit.
Although it is primarily an appellate court , the Supreme Court has original jurisdiction in the following cases: Cases between the United States and a state. Cases between states, and cases involving foreign ambassadors, ministers, and consuls. Cases between a state and a citizen of another state or country. The court hears appeals from lower courts including the various state supreme courts. If four justices of the U.S. Supreme Court vote to hear a case , the court will issue a Writ of Certiorari. This is an order to a lower court to send the records of the case to the Supreme Court for review. The court meets on the first Monday of October and usually remains in session until June.
The court may review any case it deems worthy but it actually hears very few of the cases filed. Of approximately 5,000 appeals each year, the court agrees to review about 200 , but may not issue an opinion on each case.
Classification of Offences - https://www.nolo.com/legal-encyclopedia/crimes-felonies-misdemeanors- infractions-classification-33814.html https://open.lib.umn.edu/criminallaw/chapter/1-4-classification-of-crimes/**
