THE PRACTICE AND PROCEDURE OF CRIMINAL LAW IN STATE AND FEDERAL COURTS

The practice and procedure of criminal law in state and federal courts

Abstract

Federal guidelines set a maximum sentencing guideline according to a formula, which federal judges must follow. On the other hand, state courts have their own sentencing guidelines that allow the judge to exercise discretion in sentencing. This essay will analyze the practice and procedures in state and federal court systems. This analysis will be supported by findings within the textbook and other legal data sources.

The practice and procedure of criminal law in state and federal courts

Introduction

Criminal law is a kind of corporate laws, which, in contrast to objective laws of nature and society are set by people, and, therefore, appear in the form taken by the competent public authorities of regulations containing rules of law. In Florida, people's behavior is regulated by the norms of civil, labor, family, housing, administrative, criminal and other branches of law. Feature of the criminal law is that its adoption is in the competence of federal authorities of Florida. In accordance with the Constitution of the Florida Federation (st.71) enactment of penal legislation is a matter for federal authorities of Florida.

Consequently, the criminal law is adopted by the federal legislature normative legal act, containing the rules which establish the principles and grounds of criminal responsibility. It determines what acts are crimes, and what punishment shall apply to persons who have committed crimes, as well as the conditions for exemption from criminal liability and punishment.

Discussion

Criminal law can act as a single norm, or more of the norms contained in a separate piece of legislation or as a systematic body of law (Code). A characteristic feature of Florida criminal law is its codification.

Rules determining the criminality of the act, as well as his criminal liability and other penal consequences can be contained in other legislation (complex cross-sectoral or criminal being taken to improve existing criminal laws).

The function of the federal court is to deal with all kinds of federal legal cases. A federal court only considers those cases which involve the violation of federal laws or statutes. Federal court deals with those cases in federal court, which take place on the federal premises. There are different types of criminal cases handled by the federal court like, pornography, drug smuggling, bank robbery, mail fraud, Internet fraud, and bribery of government officials. The sentencing process in federal court is governed by the sentencing guidelines upon a responsible person.

Federal court system has several branches; these branches are Court of International trade, court of military review, district court, court of veteran appeals, and US claims court.

There is much difference between the federal law and state law practices. An illiterate person cannot understand this difference, and it is confusing for him. Federal court works for protecting the federal constitutional rights in order to deal with the criminal cases. The primary process of criminal laws in federal courts is to submit an application in the court ...