Jonah Patel
The US Constitution establishes a federal government with general powers over the entire territory, foreign policy, and federal law, while individual states have their own governments with local territorial jurisdiction. The two criminal jurisdictions in the Constitution are the federal courts and the state courts. Federal courts have jurisdiction over federal crimes and crimes committed by US citizens in other countries, while state courts handle criminal cases based on state law.
Characteristics of the two criminal jurisdictions in the US Constitution
| Characteristics | Federal Jurisdiction | State Jurisdiction |
|---|---|---|
| Powers | The federal government has general powers over the territory of the whole country and over foreign policy. | Individual states have their own governments that have local territorial jurisdiction within the scope allowed by the federal constitution. |
| Courts | Federal courts have jurisdiction to hear cases brought against US citizens based on their illegal activities in other countries. | State courts handle criminal cases based on state law. |
| Law enforcement | Federal law enforcement agencies like the FBI and DEA enforce federal laws. | State and local law enforcement agencies like the state police and sheriff's offices enforce state laws. |
| Crimes handled | Federal courts handle crimes defined by federal law, including violations of the Civil Rights Acts, postal fraud, and maritime crimes. | State courts handle crimes traditionally prosecuted in state courts, such as common-law crimes. |
| Appeals | Cases from district courts are appealed to the United States Court of Appeals. | Cases from state courts can be appealed to the Supreme Court. |
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What You'll Learn
Federal courts and state tribunals
The US Constitution establishes a federal government and legislature with general powers over the entire territory, foreign policy, and federal law. The individual states have their own governments, which have local territorial jurisdiction within the scope allowed by the federal constitution. The federal courts have operated as tribunals for the prosecution of crimes defined by federal law and the Constitution.
Article III of the Constitution extends the federal judicial power to all cases "arising under" the laws, Constitution, and treaties of the United States. The Judiciary Act of 1789 granted federal trial courts jurisdiction over "all crimes and offences that shall be cognizable under the authority of the United States." The circuit courts had jurisdiction over all federal crimes, while the district courts shared jurisdiction with them over minor crimes.
Federal courts have jurisdiction to hear cases brought against US citizens based on their illegal activities in other countries. Rule 18 of the Federal Rules of Criminal Procedure specifies which federal court may hear a particular criminal case. The government must prosecute an offense in the district where the offense was committed, with the place of trial set within the district for the convenience of the defendant and witnesses, and for the prompt administration of justice.
State tribunals, on the other hand, handle cases that are entirely based on state law. While states may only bring criminal prosecutions in state courts, they can also choose to enforce federal law if it does not conflict with state law. Magistrate judges in state courts may oversee certain criminal cases, issue warrants, conduct initial hearings, set bail, and decide on certain motions.
The Supreme Court has original jurisdiction in cases affecting ambassadors, other public ministers, and consuls, as well as in cases in which a state is a party. In all other cases, the Supreme Court has appellate jurisdiction.
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The Supreme Court's jurisdiction
The Supreme Court of the United States is the highest court in the federal judiciary, with ultimate appellate jurisdiction over all federal and state court cases that involve a point of federal law. The Supreme Court has the power to hear a variety of cases, including those that involve ambassadors, ministers, and consuls, as well as those in which a state is a party. The Court also has original jurisdiction in these cases, meaning it can hear them before any other court.
The Supreme Court also has the power to review state court decisions and make exceptions to its appellate jurisdiction with congressional control. In the early 20th century, the criminal docket of the Supreme Court grew as Congress used its power to establish new federal crimes. This included postal fraud, which became the second most common criminal case in federal courts by the 1910s.
While the Supreme Court has broad jurisdiction, it is important to note that criminal cases based solely on state law cannot be brought under diversity jurisdiction. These cases must be tried in state courts, while federal courts handle criminal prosecutions defined by federal law and the Constitution.
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Federal criminal procedure
The US Constitution establishes a federal government and legislature with general powers over the entire territory of the country and foreign policy, while individual states have their own governments with local territorial jurisdiction within the scope allowed by the federal constitution. The federal courts have jurisdiction to hear cases brought against US citizens based on their illegal activities in other countries, as well as cases involving US citizens in different states.
The federal courts have acted as tribunals for the prosecution of crimes defined by federal law and the Constitution. Article III of the Constitution extends federal judicial power to all cases "arising under" the laws, Constitution, and treaties of the United States. The Judiciary Act of 1789 granted federal trial courts jurisdiction over "all crimes and offences that shall be cognizable under the authority of the United States." The circuit courts had jurisdiction over all federal crimes, while the district courts shared jurisdiction with them over minor crimes.
The role of federal courts in criminal matters has expanded as the federal government has taken on more responsibility for regulating the country's social and economic life and establishing federal penalties for crimes that were previously prosecuted in state courts. Congress has also used its power under the Commerce Clause to create new federal crimes, leading to an increase in criminal cases in federal courts.
In federal criminal matters, magistrate judges can oversee certain cases, issue search warrants and arrest warrants, conduct initial hearings, set bail, and decide on certain motions. Federal trial courts have been established for specific subject areas, and each federal district has a bankruptcy court. Additionally, certain courts have nationwide jurisdiction over issues such as tax, claims against the federal government, and international trade.
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Diversity jurisdiction
The United States Constitution, in Article III, Section 2, grants Congress the power to permit federal courts to hear diversity cases through legislation authorizing such jurisdiction. Congress first exercised this power in the Judiciary Act of 1789, granting federal trial circuit courts diversity jurisdiction. This provision was included because the Framers of the Constitution were concerned that when a case is filed in one state and involves parties from that state and another, the state court might favour the party from that state.
The "amount in controversy" refers to the damages claimed by the plaintiff and must exceed $75,000 for a federal court to have diversity jurisdiction. If a lawsuit does not meet these two conditions, federal courts will normally lack jurisdiction unless it involves a federal question, in which case the lawsuit would be heard in a state court.
It is important to note that diversity jurisdiction is a form of concurrent jurisdiction, meaning that parties can choose to bring their case to a state court even if the requirements for diversity jurisdiction are met. However, if diversity jurisdiction is available, a defendant in a state court case can unilaterally choose to move the case to federal court through the process of removal.
The determination of citizenship for diversity jurisdiction purposes can become complex when dealing with corporations or business entities. The federal diversity jurisdiction statute provides that a corporation is a citizen of the state where it is incorporated and where it has its principal place of business. The Supreme Court has clarified that the test for corporate citizenship is based on the corporation's "nerve center", or the state where its "nerve center" is located. This decision provides predictability for corporations regarding the potential to remove cases to federal court, but they remain open to suits in state courts in their state of incorporation and where their nerve center is located.
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Federal court appeals
The US Constitution establishes a federal government and legislature with general powers over the entire territory of the country and foreign policy, while individual states have their own governments with local territorial jurisdiction. The federal government has the power to regulate the nation's social and economic life and establish federal penalties for crimes.
Federal courts have jurisdiction to hear cases brought against US citizens based on their illegal activities in other countries. They also serve as tribunals for the prosecution of crimes defined by federal law and the Constitution. Article III of the Constitution extends federal judicial power to all cases "arising under" US laws, the Constitution, and treaties.
Federal trial courts have jurisdiction over "all crimes and offences that shall be cognizable under the authority of the United States." The circuit courts have jurisdiction over federal crimes, while the district courts share jurisdiction with them over minor crimes. Federal courts also have diversity jurisdiction, allowing a plaintiff from one state to file a lawsuit in federal court when the defendant is from another state.
The right to appeal to the Supreme Court has been expanded over time. An 1889 statute authorized appeals from circuit courts to the Supreme Court in capital cases. In 1891, the establishment of the circuit courts of appeals expanded the right of appeal to the Supreme Court to all cases of "infamous crimes," which included those with potential imprisonment as a penalty. In 1897, appellate jurisdiction for noncapital crimes was transferred to the circuit courts of appeals.
The Supreme Court has original jurisdiction in cases affecting ambassadors, other public ministers, and consuls, and those in which a state is a party. In all other cases mentioned in Article III, the Supreme Court has appellate jurisdiction, with certain exceptions and regulations set by Congress.
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Frequently asked questions
The two criminal jurisdictions in the US Constitution are federal courts and state courts.
Federal courts hear cases that are violations of federal law and the Constitution. Federal courts also hear cases brought against US citizens based on their illegal activities in other countries.
State courts hear cases that are entirely based on state law.
