Jurisdictions

The criminal justice system is comprised of three separate parts: police enforcement, court system, and criminal corrections. When the police apprehend a suspect who will be put on trial for their crimes, the location where the case will be tried must first be determined. Jurisdiction is the term that describes the legal authority to hear a legal matter and make an official ruling, and this concept is used to establish where every trial will take place. There are three separate factors that are considered when making the decision of which court will try a case: geographic location, type of crime, and subject.

Location is the overriding circumstance that determines where cases are tried. Each state has jurisdiction over most legal issues that occur within their boundaries, although in some situations a federal court may take precedence. When a state does have authority over a case, jurisdiction is then determined by county, the type of case being tried, and the monetary amount involved. Once the area that a case will be heard in is decided, it is reviewed and turned over to a particular court. Municipal or Local Courts handle smaller matters that do not involve a large amount of money, misdemeanor hearings (although there are courts in some states that specifically deal with these crimes), and traffic violations. They also hold preliminary hearings for cases that include felony charges to decide whether or not there is enough evidence to send the matter to trial. District, or Superior Courts take over felony cases after they have been approved. Other matters heard in a State Superior Court include guardianships, divorces, and lawsuits that involve a large sum of money. They also review any disputes over the will of a deceased individual, although some states have courts that deal specifically with these matters.

Federal courts receive jurisdiction over bankruptcy appeals, maritime-related cases, lawsuits between two individuals who do not live in the same state, and other federal matters. Anytime a federal issue is involved, the federal court has authority to try that case. In some situations, both a federal and state court may have valid jurisdiction claims, and the lawyer who files the lawsuit is given the ability to choose where the case will be heard. When this happens, the lawyer will determine which venue they feel will be more sympathetic to their cause or able to start proceedings the earliest to make their decision.

The highest court in most states is known as the State Supreme Court, and they re-try cases that have been appealed. Unlike other courts, they have the power to refuse to hear any case that is brought before them. This power is referred to as discretionary jurisdiction, which means they can either approve a case, or have it sent to an appellate that must accept it. The United States Supreme Court is the highest court in the nation, and they have discretionary jurisdiction as well as original jurisdiction, which gives them the ability to take over cases that have not been tried in a lower court. This is very rare, and generally involves disputes between two separate states over their boundaries and natural resources that are shared by each state.

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