Courts Vs. The United States Court System

1. The judiciary is composed of two court systems, a federal court system and fifty state court systems, with courts at both the national and state levels. The impact of these two court systems allows for criminal laws to be imposed by Federal, State, and local law enforcement agencies, each with its own jurisdictional requirements and enforcement criteria. The differences in impact can be in areas such as sentencing, policies in sentencing options, appellate court opinions and Supreme Court decisions that result in case law determinations. 2. State jurisdiction means that the state has authority of trying cases involving violations of state and local laws, the states have general jurisdiction. State jurisdiction is at times concurrent with
The lowest trial court in the federal system is the U.S. District court, there are 94 Districts in 50 states and territories. These District Courts have original jurisdiction, but no appellate jurisdiction. At the intermediate level is the Court of Appeals, comprised of 13 appellate courts These Courts of Appeals have no original jurisdiction. The highest court in the federal system is the Supreme Court, located in Washington, D.C. it is comprised of nine Justices, selected by the President, and confirmed by Congress. The Supreme Court is the highest appellate court, it reviews and decides both criminal and civil cases involving Federal law. The Supreme Court also has judicial review, the justices decide if a law or executive order is
The adversarial system is based on statutory law; the role of the court is primarily that of a neutral arbitrator between the prosecution and the defense. The inquisitorial system is where the court actively investigates the facts of the case, as opposed to an adversarial system. The United States uses the adversarial system, the two advocates prosecution and defense argue their parties positions and either by jury or judge the attempt to determine the truth of the case.
7. In an adversarial system, the court is primarily that of a neutral arbitrator between the prosecution and the defense. The Constitutional protections are outlined in the Amendments, the Bill of Rights contain individual basic, fundamental protections which the government may not impinge. Defendants are awarded due process in accordance with Constitutional amendments (unjust search, seizure and loss of liberty or live), self-incrimination, protection from excessive bail, and the right to a speedy and impartial trial. 8. The major elements of a crime are mens rea meaning that the individual accused had the intent to commit a crime. Actus reus is the actual act in the performance of the crime. Inchoate crimes are crimes that were planned but not completed, they are crimes based on intent, planned but not executed. Examples of inchoate crimes are conspiracies, solicitation to commit a crime, and actual failed attempts at crime