CRIMINAL JUSTICE AUTHORIATIVE EVALUATION

Criminal Justice Authoriative Evaluation

Criminal Justice Authoriative Evaluation

Introduction

Courts in the United States fall into one of two categories, Federal or State. Each state has its own system of courts which is separate from the Federal courts. They co-exist in every state. The power of the Federal courts is derived directly from Article III, Sections 1 and 2 of the Constitution which provide that 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."

That's where the Federal judicial power rests. The next question is to what areas does this power extend? Article III, Section 2, provides that this "judicial power shall extend to all [lawsuits] ... arising under this Constitution" and "the Laws of the United States." This includes the FD&C Act. It also extends to treaties, suits between citizens of different states and other specified areas not directly relevant to the FDA. In those areas delineated by the Constitution, the Federal Courts' power is superior to that of any state court. Thus, if a dispute arises that is within the Federal power and State power, but a suit is brought in a state court, the Federal court can order that the suit be transferred to the Federal Court.

1. Evaluating discretionary authority exercised by personnel in the various fields of the criminal justice system

There are many areas into which the Constitution does not extend Federal judicial power such as suits between citizens of the same state involving interpretation of state law, common contract disputes, negligence cases, etc. Hence the need for states to have their own court systems.

Returning to the Federal courts, the Constitution specifies "one supreme Court" and gives Congress the power to establish "inferior" courts. Congress realized that the "one supreme Court" would not have time to hear all law suits involving constitutional questions, interpretations of federal law, and all the other types of disputes. Consequently, it established courts under the Supreme Court to relieve it of the primary load of cases. In fact, Congress created two levels of courts below the Supreme Court to filter out legal disputes not warranting the Supreme Court's attention. The two levels are the Court of Appeals level and District Court level. Basically, their responsibilities are divided into trial and appellate functions.

The District courts are the trial courts with power or jurisdiction over persons or acts that occur in a particular geographic area. This area coincides with the borders of the states within which the court is located and in other specified areas. District Courts are located across the country, with at least one in each state. In some states like Montana, the court travels around the state. In others, it stays in one place. A varying number of judges are appointed to each District Court. The number depends on the District's caseload. Each time a suit is filed in a District Court, it is assigned to one of the ...