Federal v. State Criminal Procedure

The first difference between the state and federal court criminal procedure is that of uniformity. On the state side, everything from the structure of the state court system, to the hierarchy of prosecutors, to the criminal statutes in effect, to the procedures for moving from arrest to trial differ from state to state. In contrast are the Federal Rules of Criminal Procedure, a uniform set of rules that govern all federal courts.

State Court Procedure

There are some general consistencies in state criminal procedure, however. The police who investigate a crime will write up reports describing the crime and the evidence. This is submitted to a prosecutor for evaluation. Some states have a two or three tier system, with City Prosecutors, County Prosecutors and the Attorney General dividing up the work, often on the basis of misdemeanors vs. felonies. Other states have only county prosecutors.

Some states have Municipal Courts, which handle misdemeanors and/or the initial phases of felonies, and Superior Courts. Other states have only one level of criminal trial court. Charges may get filed through the prosecutor’s submitting evidence to a grand jury, which then indicts the suspect. Other states give the prosecutor full power to file only the charges he wishes. Some states have both procedures. After charges are filed, the defense is entitled to receive discovery, meaning copies of the investigative reports and other evidence.

If the defendant pleads not guilty, the case will either go to trial, or first to a preliminary hearing, which is an interim evidence presentation to the Judge only, for his or her decision whether the case may continue to trial. Criminal defendants in every state have a right to a trial by jury, but can agree to be tried by the judge alone (this is rarely the case).

Federal Court Procedure

The Federal Trial Court is called the U.S. District Court. The U.S. Attorney (prosecutor) is more prone to initiate charges by indictment, particularly in complex and serious cases. Again, there are misdemeanors and felonies, the right to jury trial, and the right to discovery. Cases are investigated by Federal law enforcement officers, including the F.B.I, the D.E.A, and Customs, along with local and state police forces.

Another difference is that a federal judge has a magistrate to assist him in some phases of the cases. The magistrate is a judge with limited powers who works under the supervision of the federal judge. Rules and timetables for motions, hearings, and trials are all governed by the Federal Rules of Criminal Procedure, although there may be some differing local rules that each district court can issue.

Case Studies: Federal v. State Criminal Procedure

Case Study 1: State Court Procedure

A two-tier system, such as California, the case of Sarah involves the investigation of a crime by local police officers. The police compile reports detailing the crime and the evidence, which are then submitted to the appropriate prosecutor. In this state, the City Prosecutor, County Prosecutor, and the Attorney General divide the workload based on the severity of the offense.

Case Study 2: Federal Court Procedure

A federal case, such as the one involving Mark, the U.S. District Court handles the trial proceedings. Federal law enforcement agencies, including the FBI, DEA, and Customs, are responsible for investigating federal crimes. The U.S. Attorney, acting as the prosecutor, is more inclined to bring charges through an indictment, particularly in complex and serious cases.

Mark’s case follows the rules and timetables outlined in the Federal Rules of Criminal Procedure, ensuring a standardized process across all federal courts.

Case Study 3: Magistrate’s Role in Federal Court

A federal court system, magistrates assist federal judges in handling certain phases of the cases. For example, in the case of Emily, a federal judge is aided by a magistrate who has limited powers and works under the supervision of the judge. This collaboration streamlines the proceedings and ensures efficient handling of motions, hearings, and trials.

While the Federal Rules of Criminal Procedure govern most aspects of the case, there may be additional local rules specific to each district court.