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Module 4 Discussion Board

Module 4 Discussion Board

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Module 4 Discussion Board

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Module 4 Discussion Board

The US constitution serves as the ultimate law of the country. According to the judiciary act of 1789, signed by President George Washington, there shall be one Supreme Court in the US and congress has the right to establish other courts. Congress has established a federal system of government which shares its powers equally between federal and state government. Due to this classification, both federal and state governments have their respective courts (Rennison & Dodge, 2016). According to the constitution, a federal court judge will be appointed by the president himself while a state court judge will be selected based on election and number of years served. Federal court hears all the cases that involve the constitutionality of laws, cases of ministers and ambassadors, etc. On the other hand, the state court hears the cases that involve criminal cases, family laws, etc.

Any crime that has occurred within the federal jurisdiction will be prosecuted by the federal court while the crime that has occurred on the within the state jurisdiction will be handled by the state court. However, the double jeopardy clause does prevent multiple prosecutions in one sovereign yet the federal government and state government reconsidered as different sovereigns.

It seems undoubtedly unfair that a criminal undergoes the criminal prosecution twice because a criminal does possess basic human rights and the prosecution system many affect them negatively causing them to be more rebellious as they lose faith in the justice system.

There are many cases in which a person is prosecuted twice for the same crime. One such example is of an NFL player who was charged by the federal court for his involvement in dog gambling and execution and was sentenced 23 months prison time however this crime occurred in the state of Virginia so he was also prosecuted in that state as well.

Some crimes violate both federal and state law yet still some modifications should be made in the law so that the criminal should be prosecuted once and should be sentenced once by any of the courts.

References

Rennison, C. M., & Dodge, M. (2016). Introduction to criminal justice: Systems, diversity, and change. Sage Publications.

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