Only the government initiates a criminal case. The lawyer represents the United States in most court proceedings, including all criminal proceedings. An official website of the United States government Official websites use GoVa. The gov website belongs to an official government organization in the United States. Courts were created under Article III of the Constitution to administer justice in a fair manner.
Learn about federal court programs and services to help provide fair and impartial justice. The administration and governance of the judiciary occurs both at the national and regional levels. This section provides statistical data and news about the activity of the federal judiciary. Link to national federal rules of practice and procedures and to current forms. Learn how to submit and access case files and information from court records.
Only the government initiates a criminal case, usually through the U.S. UU. Attorney's office, in coordination with a law enforcement agency. Complaints of criminal conduct must be filed with local law enforcement, the FBI, or other appropriate law enforcement agency.
In a criminal trial, the burden of proof lies with the government. Defendants do not have to prove their innocence. Instead, the government must provide evidence to convince the jury of the defendant's guilt. The standard of proof in a criminal trial places a much greater burden on the prosecutor than on the plaintiff in a civil trial. The defendant must be found guilty “beyond a reasonable doubt”, meaning that the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.
At the initial appearance, a judge, who has reviewed the arrest reports and the post-arrest investigation, informs the defendant about the charges brought, considers whether the defendant should remain in jail until trial, and determines if there are probable reasons to believe that a crime has been committed and that the defendant has committed it. A. Defendants who cannot afford an attorney are informed of their right to a court-appointed lawyer. Defendants who are released into the community before trial may undergo electronic checks or drug testing, and may be required to submit regular reports to a preliminary services officer to ensure their appearance at trial. The defendant pleads guilty to the charges brought by the United States attorney at a court hearing known as appearance.
More than 90 percent of defendants plead guilty instead of going to trial. If a defendant pleads guilty in exchange for the government agreeing to drop certain charges or recommend a light sentence, the agreement is often referred to as a “plea agreement.” If the defendant pleads guilty, the judge can impose a sentence, but most commonly he schedules a subsequent hearing to determine the sentence. In most serious crime cases, the judge waits for the results of a filing report from the court's probation office before imposing the sentence. If the defendant pleads not guilty, the judge will schedule a trial.
Criminal cases include limited pre-trial discovery procedures, similar to those in civil cases, but with restrictions to protect the identity of government informants and prevent witness intimidation. Lawyers can also file motions, which are requests for the court to rule before trial, for example, to suppress evidence that may violate the defendant's constitutional rights. If a defendant is found not guilty, he is released and the government cannot appeal. The person cannot be charged again for the same crime in federal court.
The Constitution prohibits “double criminality” or being tried twice for the same crime. If the verdict is guilty, the judge determines the defendant's sentence. During sentencing, the court may consider a U. The guidelines of the Sentencing Commission, the evidence presented at trial, and also the relevant information provided by the preventive services officer, the U.S.
A sentence can include prison time, a fine to be paid to the government, and compensation to be paid to crime victims. The court's probation officers enforce the conditions imposed by the court as part of a criminal sentence. Supervision of offenders may include services such as substance abuse testing and treatment programs, employment counseling, and alternative detention options, such as home confinement or electronic monitoring. Do you want to further develop your knowledge of federal courts? Read How to Understand Federal Courts.
In this five-minute video, federal judges provide information on how they think about the separation of powers and describe how healthy tensions between powers have a stabilizing effect on democracy. These three branches (legislative, executive and judicial) function within a constitutional system of “checks and balances”. This means that, while each power is formally separated from the other two, the Constitution often requires cooperation between the powers. Federal laws, for example, are approved by Congress and signed by the president. The judiciary, in turn, has the authority to decide the constitutionality of federal laws and to resolve other cases related to federal laws.
However, judges rely on the executive branch to enforce judicial decisions. The district attorney (DA), also known as a prosecutor, plays a critical role in our criminal justice system. They represent the government in criminal cases and are responsible for ensuring that justice is done by prosecuting people accused of committing crime. gov A. Courts in the federal system work differently in many ways than state courts.
The main difference between civil cases (as opposed to criminal cases) is the type of cases that can be handled in the federal system. Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorized by the U.S. Constitution or federal laws. The federal district court is the starting point for any case that arises under federal laws, the Constitution, or treaties.
This type of jurisdiction is called an “original jurisdiction”. Sometimes, the jurisdiction of state courts overlaps with that of federal courts, meaning that some cases may come between both courts. The plaintiff has the initial option of bringing the case to a state or federal court. However, if the plaintiff chooses a state court, the defendant may sometimes choose to “move” to federal court. Criminal cases cannot be initiated under diversity jurisdiction.
States can only initiate criminal actions in state courts, and the federal government can only initiate criminal proceedings in federal courts. It is also important to note that the principle of double incrimination, which does not allow a defendant to be tried twice on the same charge, does not apply between the federal and state governments. If, for example, the state files a murder charge and fails to obtain a conviction, in some cases the federal government can bring charges against the defendant if the act is also illegal under federal law. Federal judges (and “magistrates” of the Supreme Court) are selected by the president and confirmed “with the advice and consent of the Senate” and “will remain in office as long as there is good conduct”.
Judges can hold office for the rest of their lives, but many resign or retire early. They can also be removed by impeachment by the House of Representatives and a conviction by the Senate. Throughout history, fifteen federal judges have been dismissed for alleged irregularities. An exception to the appointment for life are trial judges, who are selected by district judges and serve a specific term of office.
District courts are the general trial courts of the federal court system. Every district court has at least one United States district judge, appointed by the president and confirmed by the Senate for a lifetime term. District courts process lawsuits within the federal court system, both civil and criminal. The districts are the same as those in the United States.
The United States Attorney is the federal government's chief prosecutor in their respective area. District court judges are responsible for administering the court and supervising court employees. They can remain in office as long as they maintain “good behavior,” and Congress can remove and dismiss them. There are more than 670 district court judges across the country. Some of the functions of the district court fall to federal trial judges.
Magistrates are appointed by the district court by a majority vote of the judges and serve for a term of eight years if they are full-time and four years if they are part-time, but they can be re-elected after their term ends. In criminal matters, trial judges can oversee certain cases, issue search and arrest warrants, hold initial hearings, fix bail, decide on certain motions (such as a motion to suppress evidence), and other similar actions. In civil cases, magistrates often handle a variety of issues, such as pre-trial motions and the disclosure of evidence. Federal trial courts have also been established for some specific areas.
Each federal district also has a bankruptcy court for those proceedings. In addition, some courts have national jurisdiction in matters such as tax matters (U.S. Tax Court), lawsuits against the federal government (U.S. Federal Claims Court), and international trade (U.S.
International Trade Court). Once the federal district court has decided a case, it can be appealed to a United States appellate court. There are twelve federal circuits that divide the country into different regions. The Fifth Circuit, for example, includes the states of Texas, Louisiana and Mississippi. District court cases from those states are appealed to the U.S.
Fifth Circuit Court of Appeals, which is based in New Orleans, Louisiana. In addition, the Federal Circuit Court of Appeals has national jurisdiction over very specific issues, such as patents. Each circuit court has several judges, ranging from six in the First Circuit to twenty-nine in the Ninth Circuit. Circuit court judges are appointed for life by the president and confirmed by the Senate.
Any case can be appealed to the district court once the district court has made a final decision (some issues can be appealed before a final decision through an “interlocutory appeal”). Appeals to circuit courts are first reviewed by a panel comprised of three circuit court judges. The parties file “briefs” with the court, arguing why the trial court's decision must be “confirmed” or reversed. Once the briefs are submitted, the court will schedule an “oral argument” in which lawyers will appear in court to present their arguments and answer questions from the judges.
While rare, the entire circuit court can consider certain appeals in a process called an “en banc” hearing. Once a panel has ruled on a matter and “published” the opinion, no future panel can overturn the previous decision. However, the panel may suggest that the circuit examine the full case to reconsider the decision of the first panel. Beyond the Federal Circuit, some courts have been established to hear appeals on specific issues, such as veterans' lawsuits (U.S.
Court of Appeals for Veterans Claims) and military matters (U.S. Armed Forces Court of Appeals). The Supreme Court of the United States is the highest court in the American judicial system and has the power to decide on appeals in all cases brought before a federal court or a state court, but which relate to federal law. For example, if a state's highest court (usually the state's supreme court) decided a First Amendment free speech case, the case could be appealed to the federal Supreme Court.
However, if that same case were decided solely on the basis of a state law similar to the First Amendment, the Supreme Court of the United States would not be able to consider the case. Once the state's circuit court or supreme court has ruled on a case, either party can choose to appeal to the Supreme Court. However, unlike circuit court appeals, the Supreme Court is not usually required to hear the appeal. The parties can file a “writ of certiora” with the court, asking it to hear the case. If the court order is granted, the Supreme Court will receive the briefs and submit the pleadings oral.
If the order is not granted, the lower court's opinion is upheld. Certiminaries are not usually granted; in fact, the court hears less than 1% of appeals to the high court. Usually, the court hears cases when there are conflicting decisions across the country on a particular issue or when there is a serious error in a case. The members of the Court are called “judges” and, like other federal judges, are appointed by the president and confirmed by the Senate by a lifetime period.
There are nine judges in the court: eight associate judges and a president of the Supreme Court. The Constitution does not set requirements for Supreme Court judges, although all current members of the court are lawyers and most have served as district court judges. Judges are also often former law professors. The president of the Supreme Court acts as administrator of the court and is elected by the president and approved by Congress when the position is vacant.
The Supreme Court meets in Washington, D.C. The court holds its annual term from the first Monday in October to each summer, and usually ends in late June. Executive Office of the United States Attorney, United States Department of Justice, 950 Pennsylvania Avenue, NW Room 2242 Washington, DC 20530-0001 Do you have a question about government services? Article III of the United States Constitution guarantees that everyone accused of having committed a crime has the right to a fair trial before a competent judge and a jury composed of their peers. When the executive and legislative branches are elected by the people, the members of the judiciary are appointed by the President and confirmed by the Senate.
Federal judges can only be removed by impeachment by the House of Representatives and a conviction in the Senate. Judges and magistrates do not serve a fixed term until their death, retirement or conviction by the Senate. By design, this isolates them from the temporary passions of the public and allows them to apply the law with only justice in mind and not taking into account electoral or political concerns. In general, Congress determines the jurisdiction of the federal courts.
However, in some cases, such as in the case of a dispute between two or more U.S. states. In the United States, the Constitution gives the Supreme Court original jurisdiction, an authority that Congress cannot dispossess. Courts only hear real cases and controversies. A party must show that they have been harmed in order to bring a lawsuit in court.
This means that courts do not issue advisory opinions on the constitutionality of laws or the legality of actions if the ruling has no practical effect. Cases brought before the judiciary often move from one district court to another appellate court and may even end up in the Supreme Court, although the Supreme Court hears comparatively few cases each year. Federal courts have the exclusive power to interpret the law, determine the constitutionality of the law and apply it to individual cases. Courts, like Congress, can compel the presentation of evidence and testimony through the use of a subpoena.
Lower courts are limited by Supreme Court decisions. Once the Supreme Court interprets a law, lower courts must apply the Supreme Court's interpretation to the facts of a given case. The Supreme Court of the United States is the country's supreme court and the only part of the federal judiciary specifically required by the Constitution. The Constitution does not stipulate the number of Supreme Court judges; instead, Congress sets the number.
There have been only six, but since 1869 there have been nine judges, including a president of the Supreme Court. All judges are appointed by the president, confirmed by the Senate and serve for life. Since judges do not have to run or campaign for re-election, it is believed that they are protected from political pressure when deciding cases. Judges can remain in office until they resign, die or are removed from office and convicted by Congress.
The number of Court cases is almost exclusively appellate, and the Court's decisions cannot be appealed to any authority, since it is the final judicial arbiter in the United States in matters of federal law. However, the Court may consider appeals from higher state courts or federal appellate courts. The Court also has original jurisdiction in cases involving ambassadors and other diplomats, and in cases between states. Although the Supreme Court can hear an appeal on any question of law as long as it has jurisdiction, it does not usually hold trials.
Instead, the Court's task is to interpret the meaning of a law, to decide if a law is relevant to a particular set of facts, or to decide how a law should be applied. Lower courts are required to follow the precedent set by the Supreme Court when making decisions. Criminal proceedings may be conducted under state or federal law, depending on the nature and extent of the crime. A criminal legal proceeding usually begins with an arrest by a law enforcement officer. If a grand jury decides to issue an indictment, the defendant will appear before a judge and be formally charged with a crime, at which point he can plead guilty.
The defendant has time to review all the evidence in the case and build a legal argument. The case is then brought to trial and decided by a jury. If the defendant is found not guilty of the crime, the charges are dismissed. Otherwise, the judge determines the sentence, which may include prison time, a fine, or even execution. Civil cases are similar to criminal cases, but instead of arbitrating between the state and a person or organization, they deal with disputes between individuals or organizations.
If one of the parties believes that they have been the subject of a tort, they can file a lawsuit in a civil court to try to remedy that grievance through a cease and desist order, modification of conduct, or award of monetary compensation. Once the lawsuit is filed and both parties collect and present the evidence, the trial continues as in a criminal case. If the parties involved relinquish their right to a jury trial, the case may be decided by a judge; otherwise, the case is decided and the jury awards compensation for damages. Once a criminal or civil case is tried, it can be appealed to a higher court, a federal appeals court, or a state appellate court.
The litigant filing an appeal, known as an appellant, must show that the trial court or administrative agency committed a legal error that affected the outcome of the case. An appellate court makes its decision based on the case record established by the trial court or trial agency; it does not receive additional evidence or listen to witnesses. You can also review the factual findings of the court or trial agency, but you can usually only overturn the outcome of a trial on factual grounds if the findings were clearly wrong. If a defendant is found innocent in criminal proceedings, he cannot be tried again for the same set of facts.
The appellate court usually has the last word in the case, unless it returns the case to the trial court to initiate additional proceedings. In some cases, the decision may be reviewed in full, that is, by a larger group of circuit appellate court judges. Criminal cases concern violations of criminal law, such as assaults or robberies. Criminal cases are usually initiated by law enforcement and are handled by a prosecutor, a lawyer who represents the government.
A person found guilty in a criminal case faces consequences such as jail time, probation, or fines. See the help topic on criminal cases for more information. On the other hand, civil cases concern a wide variety of private disputes, from breach of contract to child custody. In civil cases, one party may have harmed or failed to fulfill its obligations to the other, or two parties may have a dispute that the court must resolve.
Civil cases can result in monetary compensation or a court order to assert or protect the rights of one of the parties. If you have a lawyer, your lawyer will let you know if there are court appointments you don't need to attend, for example, because the case is scheduled to present legal arguments that your lawyer will handle on your behalf. In Kenya, the Attorney General is the Government's chief legal advisor and an ex officio member of Parliament and the Cabinet. In fact, Bristow succeeded in the Supreme Court, and his presence quickly averted the need to hire private attorneys to represent the United States in that Court. In 1867, the magnitude of these expenditures refocused Congress's attention on proposals to reform government legislation.
In the Isle of Man, the Attorney General is appointed by the Crown (appointed by the government of the United Kingdom) and is part of the Legislative Council of the Isle of Man, ex officio. A litigant who loses in a federal appeals court or in a state's highest court can file a petition for a writ of certiora, which is a document asking the Supreme Court to review the case. In the United States federal government, the Attorney General is a member of the Cabinet and, as head of the Department of Justice, is the government's chief law enforcement officer and lawyer. Throughout the criminal justice process, the prosecutor works with law enforcement agencies to investigate crimes, determine if charges should be brought, and prosecute cases in court.
The Attorney General of India is the chief legal advisor to the Indian government and is its chief counsel before the Supreme Court of India. In addition to their courtroom work, prosecutors also play an important role in shaping criminal justice policy.
