Skip to main content icon/video/no-internet
icon backReturn to Entries

Courts: Organization

To understand the role of federal and state courts, it is essential to have a grasp of the principles of the American criminal justice system. There is no more confusing, frustrating, and complex environment than the criminal court system. This section will provide a brief overview of the judicial system in the United States.

The Principle of Federalism

The court system in the United States is based on the principle of federalism. The first Congress established a federal court system, and the individual states were permitted to continue their own judicial structures. There was general agreement among the nation's founders that individual states should retain significant autonomy from federal control. Under this 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 our nation, most cases were tried in state courts. Only later did the federal government and the federal judiciary began to exercise jurisdiction over crimes and civil matters. Jurisdiction in this context simply means the ability of the court to enforce laws and punish individuals who violate those laws.

As a result of this historical evolution, a dual system of state and federal courts exists today. Therefore, federal and state courts may have concurrent jurisdiction over specific crimes. For example, a person who robs a bank may be tried and convicted in state court for robbery, then tried and convicted in federal court for the federal offense of robbery of a federally chartered savings institution.

The State Court System

Historically, each of the 13 original states had its own unique court structure. This independence continued after the American Revolution and resulted in widespread differences among the various states, some of which still exist today. Because each state adopted its own system of courts, the consequence was a poorly planned and confusing judicial structure. As a result, several reform movements have attempted to streamline and modernize this system.

Many state courts can be divided into three levels: trial courts, appellate courts, and state supreme courts. Criminal cases start and finish in trial courts. This court conducts the entire series of acts that culminate in either the defendant's release or sentencing. State trial courts can be further divided into courts of limited or special jurisdiction and courts of general jurisdiction. The nature and type of case determine which court will have jurisdiction.

Limited Jurisdiction

Courts that hear and decide only certain limited legal issues are courts of limited jurisdiction: They hear or decide certain types of minor civil or criminal cases, such as traffic tickets or setting bail for criminal defendants. There are approximately 13,000 local courts in the United States, called county, magistrate, justice, or municipal courts. Judges in these courts may be either appointed or elected. In many jurisdictions, these are part-time positions, and the incumbent may have another job or position in addition to serving as a judge. However, simply because they handle minor civil and criminal matters does not mean these courts do not perform important duties. Often, the only contact the average citizen will have with the judicial system occurs at this level.

...

  • Loading...
locked icon

Sign in to access this content

Get a 30 day FREE TRIAL

  • Watch videos from a variety of sources bringing classroom topics to life
  • Read modern, diverse business cases
  • Explore hundreds of books and reference titles

Read next

More like this

Sage Recommends

We found other relevant content for you on other Sage platforms.

close

Have you created a personal profile? Login or create a profile so that you can save clips, playlists and searches

close
close
close Signed In to profile You are signed in as:
close
Logged in Institution Institution