Write an essay of 750-1,000 words in which you:
Address federal and state jurisdiction in criminal cases.
Explain why we have so many different court jurisdictions for criminal offenses.
Explain whether the plethora of jurisdictions enhance or detract from the imposition of justice throughout the country. Provide your reasoning.
Use the GCU Library to locate three to five relevant, scholarly sources in support of your content.
Prepare this assignment according to the APA guidelines found in the APA Style Guide. This guide is located in the Student Success Center. An abstract is not required. Use court jurisdictions for criminal offenses
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State and Federal Jurisdictions in Criminal Cases
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State and Federal Jurisdictions in Criminal Cases
The United States of America as the name suggests embodies a dual form of governments consisting of the federal and sovereign state governments operating as part of a unified federation. The state governments have jurisdictions over the functions within individual states as guaranteed by the American constitution. The federal government has jurisdictions over functions of America and some within the states as provided for in the US constitution. The same dual functionality extends to the criminal justice system in the state and federal levels. According to Jenkins (2011), the American criminal justice system consists of state and federal courts each with different jurisdictions over criminal cases. The duality in the criminal justice system has been blamed sometimes for creating complexity in deciding the laws necessary laws for the delivery of decisions.
The different jurisdictions in the US criminal justice owe a lot to the sovereignty of the states form the federal government. The functions and structure of the federal courts are mainly determined by the American constitution. The mandate of such courts is to address the matters of federal concern. Although federal law is supreme, the states have been mandated and as a result, established criminal laws, procedures, and rules for the prosecution of criminal offences. This has created two forms of jurisdictions over criminal offences between the state and federal governments. Currently, the state criminal codes handle a majority of the crimes committed in the United States. Gardner and Anderson (2015) assert that it is only a small percentage of the offences that can be categorized under the federal and state jurisdictions. The two levels of governments are sovereign and can enforce laws under their jurisdictions.
The other reason why there are different court jurisdictions for criminal offences is due to the general police power granted by the constitution to the state governments. According to Gardner & Anderson (2015), there has never been a federal common law and all federal criminal crimes must be statutory and enacted by Congress. The general police power remains with the states who are tasked with maintenance of tranquillity. The federal criminal laws that may be enacted can only govern protection of the federal government, its employees, officials, and property, regulation of foreign and interstate trade, and protection of civil rights. Since a majority of the violations are under the jurisdiction of state governments, different state jurisdictions for criminal cases have been developed. State court handles the largest number of criminal cases unless a case touches………………………………………………………………………………………………
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