Federal and State Court System

Federal and State Court Systems

In the United States of America, the criminal justice court system is known as the dual court system. The dual court system consists of the federal and state courts. Each court system has their breakdown of the criminal justice courts. The breakdown is different in every state, and also in the judicial territories. Knowing the differences within the court systems will allow the public to understand how the system works and where to go if needed to be involved with the court systems. Being involved should include knowing how the criminal courts system was established.

The U.S. Supreme Court was established in 1789. The U.S. Constitution Article 3 states; the judicial power of the United States shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good behavior, and shall, at stated Times, receive for their services a compensation which shall not be diminished during their continuance in office. This, by the Constitution of the United States, declares that Congress could create any specific courts in which Congress chooses. The U.S. Supreme Court handles wide variety of cases and is very specific in what case is to be heard

There are three levels of the Federal court system in the United States, and all have a role in the criminal process. The levels of the Federal court system are the District court, U.S. Courts of Appeal, and U.S. Supreme court. Of these three levels of the Federal court system, the U.S. Supreme court is the highest court in the United States. The district and appeal courts have various actions in which they are involved with the criminal process.

Trial court is the first instance of a trial, it the first time in a case is heard in trial court, usually civil or criminal cases take place in this court. Trial court often sits with a jury, and one judge, but in some cases a bench trial may be chosen by statute, custom, or by agreement of both parties, in which the judge makes both fact and law determinations without the presence of a jury. In trial court decisions are made based on evidence or finding of facts, evidence is reviewed and determinations are decided under the rules of evidence of the court following the applicable procedural law.

Procedural law is the rules of legal process such as the rules of evidence and of procedure in enforcing a legal right or obligation, this rule assure that the legal rights of the people involved in the case have not been violated and evidence collected have been process properly through the system. When a case is in Trial Court both plaintiff and defendant will have the opportunity to present evidence and witnesses to the judge or jury on his or her behalf. After evidence and testimonies are review the judge or jury makes