Distinguishing Features of the Major Court Systems free essay sample

Distinguishing Features of the Major Court Systems Criminal procedure can be complex, not only because of many factual questions that arise in day-day-police/citizen encounters but also because of the two-tiered structure of the United States court system. This two-tiered structure reflects the idea of dual sovereignty. The United States Legal system has been designed allow all citizens to receive a fair criminal trial regardless of social status, gender, race, and ethnic background. The system is composed by many confounding and complicated elements and processes. In the United States there are two parallel systems of courts: federal and state. Each is divided into trial courts and appellate courts. There are more than 200 statewide general and limited jurisdiction trial court systems in the United States, the District of Columbia, and Puerto Rico, and more than 130 appellate courts on the state and federal levels. State appellate courts range in size from five to nine judges—most have a state court of last resort with seven members (Abadinsky, 2008). We will write a custom essay sample on Distinguishing Features of the Major Court Systems or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Our country has a two-tiered court structure consisting of federal and state courts. The fifty state court systems present a complex array of structures: No two state court systems are alike. There are two basic types of courts: those that try cases (trial courts) and those that consider cases only on appeal (appellate courts) from a trial court or a lower appellate court. (Abadinsky, 2008). While there are systems of trial and appellate courts in each state, most are not at all systematic. It is difficult to generalize about state courts. Some states, such as New York (Appendix A), present a confusing system of courts, often with overlapping jurisdiction. Jurisdiction is basic to understanding the organization of a court system. It is the geographic area, subject matter, or persons over which a court can exercise authority. The area of geographic jurisdiction is referred to as venue, and it can be limited to a particular district, city, or county. Venue in criminal cases is relatively simple—it is where the crime is alleged to have taken place. In civil cases, however, venue can be based on a number of factors, such as where the cause of the action arose, where the defendant resides or conducts business, or where the plaintiff resides (Abadinsky, 2008). State court structures vary from one state to the next, but generally consist of courts of limited jurisdiction, trial courts of general jurisdiction, intermediate appellate courts, and supreme courts. Most criminal cases originate in the trial courts of general jurisdiction, with decisions there being appealed to the intermediate appellate court and then to the state supreme court (Worrall, 2007). In every state, most cases come to trial in courts of limited jurisdiction, such as small-claims, juvenile, and traffic courts. These are specialized courts that hear only one or a relatively few types of cases. They are the most numerous type of court in the United States and in some states these courts handle more than 80 percent of all trials (Lieberman, 2004). Felony prosecutions and major civil trials take place in courts of general jurisdiction, which are empowered to hear many kinds of cases. These courts are often called superior courts, although the name varies by state. Every year more than 10 million cases or prosecutions are filed in these courts. However, less than 2 percent of these ever come to trial. Most civil cases are settled by the parties and most criminal defendants enter plea bargains (Lieberman, 2004). The Intermediate Appellate Courts are established on every state to relieve the pressure on their supreme courts, which were being inundated by appeals (Lieberman, 2004). As in federal system the state intermediate appellate courts hear appeals from both criminal and civil trial courts within their geographic regions. Every state has a final appellate court. In most states these are called supreme courts. Some states have two, one for criminal and other for civil appeals. The state supreme courts hear appeals mostly form intermediate appeals courts. Most supreme courts may choose which cases to review, and all have the final word on matters of state law, that is, common law, statutes, and the state constitution (Abadinsky, 2008). As outline in appendix B, at the federal level, three types of courts are relevant: District courts, circuit courts of appeals, and the U. S. Supreme Court. The district courts try cases involving violations of federal laws. District court decisions are appealed to the circuit courts of appeals, and then to the U. S. Supreme Court (Worrall, 2007). The highest court in the federal jurisdiction is the United State Supreme Court, which does not only hear federal appeals. United States Supreme Court is the ultimate court of last resort. The cases heard by lower level trial courts and appellate courts can be appealed to state supreme courts and federal appellate courts, no other court looks over the shoulder of the U. S. Supreme Court. When it comes to interpreting the federal law and applying both the federal and state law the Supreme Court of the United States is the number one authority. The judgments passed by the nine justices on this court are final (Adler, Mueller Lawfer, 2009). Federal courts enjoy rather extensive jurisdiction over 5 types of cases: 1) Those in which the United States is a party 2) Cases involving foreign officials 3) Those involving parties from different states if more than $75,000 is involved 4) Cases involving the US Constitution and federal laws 5) Those concerning specialty matters such as patent, copyright, customs and bankruptcy State courts share jurisdiction with fed court in categories 3 and 4 while fed court exercise jurisdiction in all other cases (Worrall, 2007). In conclusion, both state and federal courts although different they work in a similar manner aiding each other in serving the citizens live in better and more lawful communities and states. The state courts are more complicated for they respond to law of their particular state. But the mere function of the court system is whether Federal or State is simple: they administer justice by the application and interpretation of the law. They provide services on behalf of every citizen according to the provisions established by the constitution. They also enforce the laws according to the territory and jurisdiction these criminal offenses are committed. And lastly, they have the power to punish offenders or try to rehabilitate them for release back to society as well as to preserve the rights of all victims. Appendix A NY Court Structure | | | | Source: Court Structure (2004). Appendix B Source: Abadinsky, H. (2008). References Abadinsky, H. (2008). Law and Justice. An Introduction to the American Legal System, Sixth Edition. [University of Phoenix Custom Edition e-Text]. Upper Saddle River, NJ: Pearson Education. Retrieved from, University of Phoenix E-book website. Adler, F. , Mueller, G. O. Lawfer, W. S. , (2009). Criminal Justice: An introduction [5 ed. ]. Boston: IL. Retrieved from University of Phoenix rEsource website. Court Structure. (2004). New York State Unified Court System. Retrieved from http://www. nycourts. gov/courts/structure. shtml Lieberman, J. K. (2004). Courts in the United States. Retrieved from Microsoft EncartaEncyclopedia Standard. Worrall, J. L. (2007). Criminal Procedure: From First Contact to Appeal. Retrieved from http://www. rioverdeuniversity. org/lcpTextbook. htm.