CALIFORNIA’S CRIMINAL JUSTICE SYSTEM 101: Part 1
There is a debate among San Francisco residents about the state of public safety in our city, as well as around how fair our justice system is to different communities. To foster an informed debate, we are offering an easy to read series of primers that explain how the criminal justice system operates and what agencies and roles are involved. After all, the first step in analyzing the effectiveness or fairness of the criminal justice system is to understand how it works.
JURISDICTION
Jurisdiction is the power to interpret and apply the law. This power is held by official governmental bodies such as the police and the courts. The circumstances of an alleged criminal act determine which law enforcement body or court has jurisdiction over it. Statutes define what is a criminal act. These statutes can be created by Congress (federal law) or by a state legislature (state law). In addition, local counties, towns, municipalities all may have created laws specific to their jurisdiction, often codified in local municipal ordinances. Generally the federal courts hear cases involving federal offenses, and states courts have jurisdiction over state and local offenses.
FEDERAL SYSTEM
When a person’s behavior violates a federal law, the case will be prosecuted in federal court by a federal prosecutor. While the federal system is very much like the state system there are differences in both practice and what is considered a crime. Federal criminal laws must be tied to some federal or national issue, such as interstate trafficking in contraband or counterfeiting US currency. Another difference is that federal penalties are often longer or harsher than state penalties for similar crimes, such as the federal mandatory minimum sentences for drug-related violations.
STATE SYSTEM
When a person’s behavior violates a state law, the case will be prosecuted in a state court (called Superior Court in California) by a district attorney. Most of the crime that occurs in our community is prosecuted in state court.
Families for Francisco’s report will focus on crimes and cases within state and local level jurisdiction.
Check out Part 2 on the Criminal Justice System.