Supremacy Clause In Criminal Cases

Many are not aware about either jurisdictions between states and federal courts within criminal cases. Frequently, attorneys have the decision between filling a complaint in either state or federal because of synchronized jurisdictions. Throughout this essay will be addressing federal and state jurisdictions in criminal cases. In addition, we will be discussing how supremacy clause of the U.S Constitution may affect jurisdiction, why we have so many different court jurisdictions for criminal offenses. Lastly, conclude with describing whether or not the plethora of jurisdiction either enhances or detracts from the imposition of justice.

Federal and State Jurisdiction

One of the main differences between state and federal courts would be defined

Part of the U.S. Constitution has been brought into light of whether or not it affects jurisdictions in either federal or state. “Jurisdiction, or the power of a federal court to hear a case, has long been found to exist in Supremacy Clause cases,” (Dow, 2012).Article six clause two of the United Constitution or the Supremacy clause mandates all judges to follow federal law when there is a conflict between federal, state constitution and state law. “When a state law conflicts with a federal law, the Supremacy Clause provides a resolution: federal law trumps state law,” (Dow, 2012). When taking into consideration how the Supremacy clause may affect jurisdiction, you must analyze that is it seen as the highest form of law. Therefore, it is specifically given concurrent federal and state jurisdiction, creating a shortness in the duty of the

. Therefore, we need to have a different number of court jurisdictions to process each according to the seriousness of the crime. In order to understand the vast number of courts we have for criminal offenses, there needs to be an understanding of the different criminal offenses. State has their own laws, and each state has their own court. “State courts often have diverse names and structures, as illustrated below. State courts hear about 98% of litigation; most states have courts of special jurisdiction, which typically handle minor disputes such as traffic citations, and courts of general jurisdiction responsible for more serious disputes,”(American Bar Association,2004). State jurisdiction is for state crimes within the states; counties and cities. In addition, cities have some sort of independence, including their particular laws to enforce within their cities or counties. Criminal offenses range from two categories, misdemeanors and felonies. Misdemeanors is a lesser offense such as theft and felonies are more heinous crimes such as murder, or rape. Most crimes fall under state laws, therefore handled in state courts. “The U.S. federal court system hears cases involving litigants from two or more states, violations of federal laws, treaties, and the Constitution, admiralty, bankruptcy, and related issues,”(American Bar Association,2004). Unlike the changes within each state laws,