Federal Criminal Courts

The role of the Federal Criminal Courts is to litigate criminal violations of federal law while ensuring fairness and due process for those accused of federal crimes.

Federal courts adjudicate complex legal issues while balancing individual rights against competing societal interests. They also play a key role in mediating the roles between federal enforcement agencies and the rights and civil liberties of the accused.

About This Article

Whether you’re curious about the legal system or seeking specific information about our federal court system, this article will provide you with a deeper understanding of how our federal criminal court system works, including discussions of the following:

• District Courts
• Circuit Courts
• The Supreme Court
• Federal Court Jurisdiction -Types of Cases Tried
• Federal District Court Judges
• The Federal Criminal Process and Trial
• Misconceptions and Fears about Federal Criminal Courts

The federal court system is made up of three interconnected judicial levels that include:

• 94 District Courts (TrialCourts)
• 13 Circuit Courts (Appellate Courts)
• 1 Supreme Court (Highest Court)

District Courts – Federal Trial Courts

The federal district courts are trial courts. Each federal judicial district court has at least one Federal District Trial Judge.

Under our U.S. Constitution, the President nominates the district trial judge, and then the Senate must vote to confirm the nominee.

How Are Federal District Court Caseloads Composed?

The 526,477 cases filed in U.S. district courts in 2021 consisted of:

• 469,648 civil cases
• 56,829 criminal defendants

According to the 2023 Supreme Court Year-End Report, the federal district courts received 66,027 criminal defendant filings in 2023, a three percent reduction from the previous year.

Circuit Courts – Federal Appellate Courts

The Federal Criminal Appeal Process

After a criminal defendant is tried in district court, the losing party may appeal to the federal appellate court.

There are 94 federal judicial districts organized into 12 regional circuits, each with a court of appeals. Each circuit is divided into discreet judicial regions. A panel of federal appellate judges hears the cases and determines whether or not the law was applied correctly in the district trial court. Appeals courts usually consist of three judges.

The U.S. Supreme Court – Highest Court

The Supreme Court comprises nine individual judges, all nominated to serve life terms – one chief justice and eight associate justices.

The President of the United States nominates the Supreme Court Justices, who, under the Constitution, must be confirmed by the Senate.

The  United States Supreme Court is the highest court in state and federal judicial systems. A case may end up in the federal court system because it involves litigants from different states or because the issues present an important federal question to be resolved.

When a law or some state action is legally challenged by a party and then reviewed by an appellate court, the losing party of that appeal has the right to make a final appeal to the United States Supreme Court. This type of request for judicial review is called filing a writ of certiorari.

As of 2023, the Supreme Court agrees to hear 100-150 of the nearly 8,000 cases requesting their review annually.

Statistic: The U.S. Supreme Court hears only about 1-2% of the cases submitted each year, highlighting the selectivity and significance of its decisions.

Watch Supreme Court Associate Justice Elena Kagan Give Her 2024 Talk:

What Cases Fall Under Federal Court Jurisdiction?

Federal judges preside over a wide array of cases within the federal judicial system, including civil and criminal cases.

In criminal prosecutions, these courts address everything from felony cases, which are serious crimes that could lead to significant imprisonment, to lesser offenses. The distinction between criminal and civil judicial proceedings is crucial, as each follows different procedural paths and involves different legal standards.

The double jeopardy principle in the U.S. Constitution protects defendants from being tried twice for the same crime after an acquittal of the criminal defendant.

Federal courts have the judicial authority to exclude evidence in criminal cases if it violates a defendant’s constitutional rights, such as evidence obtained without proper jurisdiction or through unlawful searches. This function helps maintain high standards of legal integrity as to individual rights in court proceedings.

Federal District Court Judges

Federally Appointed

There are major differences between civil and criminal law. A federal district judge can preside over criminal and civil trials, such as those civil matters involving liability for personal injury. District court judges have a wide range of authority over their trial court, including all manner of rulings and orders issued from the court.

Federally appointed judges are known to have superior authority to preside over more constitutionally important and complex cases than federal magistrates.

Decisions by district court judges are not final. The losing side at trial can appeal to an appellate court and ultimately to the United States Supreme Court, which reviews only a tiny percentage of the cases submitted for review.

What Is the Role of Federal Magistrates?

Supports District Court Judges

Federal court magistrates serve a vital support role to district court judges. Magistrates issue search and arrest warrants and preside over preliminary hearings such as pretrial suppression of evidence motions and other judicial duties.

Federal magistrates do not have life tenure and tend to preside over minor cases. They are appointed by federal district judges and serve eight-year terms if they serve full-time or four-year terms if they serve part-time.

Federal Criminal Process

Arraignment After Arrest

The arraignment happens after the accused is taken into custody for initial processing. Under the Code of Federal Criminal Procedure, the arrestee must be taken before a magistrate within 48 hours of arrest to be arraigned.

The federal arraignment is the accused’s initial appearance before the district court. A privately retained or public defender will accompany the accused. The federal magistrate will inform the accused of the government charges and ask the accused to enter a formal plea to the charges.

Bail In Federal Courts

Unlike state crimes, federal courts do not use the services of bail agents. Instead, a federal magistrate will determine the amount of bail and set the terms and conditions of the defendant’s release.

Federal Grand Jury Process

The grand jury is usually composed of approximately 14-23 members of the community and depending on the expected length of the proceeding.

The grand jury will be selected from the local community to the extent possible.

The members of the grand jury meet in secret.

The grand jury’s job is to consider the prosecution’s evidence and determine if there is probable cause to indict the target of the criminal investigation.

What Is a Preliminary Examination?

The other method of securing an indictment is through the preliminary examination process, a separate hearing where a judicial magistrate considers the evidence and decides whether there is probable cause to bind the defendant over to trial. Preliminary hearings are used chiefly in state courts.

What Are Pretrial Motions?

Motions are formal requests, usually supported by a legal brief, asking the court to do or refrain from doing something in the proceedings. The most common motions are for:

• Motion for the court to order the prosecution to produce their discovery to the defense.
• A motion to suppress and exclude the defendant’s prior statements made in violation of Miranda or were otherwise coerced by law enforcement.
• Exclusionary motions to suppress or otherwise exclude evidence resulting from an unlawful stop, search, seizure, or arrest.
• A motion to bifurcate the trial requests that the court separate the defendant’s trial from other cases to be tried against the co-defendants.

What Is Pretrial Discovery?

Under Federal Rule 16, upon the defense making a formal demand to inspect the prosecution’s evidence, the prosecutor will produce their discovery to the defense. Should the prosecutor object that specific evidence should be held back from being produced based on privilege, the court will make that determination for the record.

Discovery includes any oral, recorded or written statements by the defendant(s) or other witnesses. Discovery also provides for the production of, or examination of physical objects, scientific tests, published articles, and other forms of evidence that the prosecutor intends to use as evidence at trial.

Exculpatory Evidence

A defendant is legally entitled to receive any exculpatory evidence from the prosecutor, which means evidence tending to prove the defendant’s innocence or casting doubts upon the credibility of the prosecution’s witnesses.

The Federal Criminal Trial

What Are the Defendant’s Rights at Trial?

According to the Fifth and Sixth Amendments to the U.S. Constitution, any person charged with a crime has:

• The federal right to a speedy and public jury trial
• The federal right to compel the government to prove all elements of the crime beyond a reasonable doubt
• The federal right to compel persons to testify on your behalf
• The federal right to produce evidence on your behalf
• The federal right to subpoena and cross-examine adverse witnesses
• The federal right not to testify at trial

What Is the Prosecutor’s Burden of Proof?

The prosecution carries the sole burden of proving its case beyond a reasonable doubt as to each essential element of the crime charged against the defendant.

Conversely, the defendant is under no legal obligation to prove their innocence. Nor does the defendant have a legal burden to disprove any aspect of the prosecutor’s case.

Further, the defendant is constitutionally protected from having to testify at trial or produce any evidence in their defense. In addition, the jury is instructed that the defendant must be presumed innocent throughout the proceedings.

How Is a Jury Selected in Federal Court?

When a federal criminal case is ready to be tried, a panel of potential jurors is escorted to the courtroom to be questioned in a process called jury selection, otherwise known as “voir dire,” which means the potential jurors must speak the truth should they be questioned about their background and possible prejudices.

In federal trials, a jury usually consists of 6 jurors and as many as six alternate jurors.

In the jury selection process, the judge and attorneys for both sides question potential jurors to determine whether they would be sufficiently unbiased to serve as jurors in the case.

Learn what jury duty is like.

Opening Statements

In opening statements, both attorneys are restricted to stating what they believe the evidence will show during the trial.

The opening statement must state what the evidence will show. Neither attorney can use an argumentative tone or try to persuade the jury during their opening statements.

Prosecutor Goes First

Since criminal prosecution must carry the entire burden of proof, they call their witnesses first. The prosecutor cannot ask leading questions during their witness’s direct examination.

After the prosecutor directly examines their witness, the defense lawyer will have the opportunity to cross-examine the prosecutor’s witness.

Likewise, after the defense gets their chance to directly examine their own witnesses, the prosecutor will have the right to cross-examine the defense witnesses and be permitted to ask leading questions.

Closing Arguments

After the jury has heard all the evidence and the prosecution and defense counsel have rested, the attorneys present their closing arguments.

Unlike the opening statement, in the closing argument, the lawyers will get a chance to persuade the jury to deliver a verdict in their favor. It’s time for the lawyers and, hopefully, the jury to connect the dots and see the completed picture.

Since the government carries the burden, it will be allowed to present its closing argument first, followed by the defense’s closing argument. After the defense concludes, the government will have an additional opportunity to rebut the defendant’s closing.

What Are Jury Instructions?

Once the court verbally instructs the jury on the law, the jury is usually given a copy of the instructions and escorted to the jury room by the bailiff, where they deliberate in secret.

Jury Verdict

Should the jury return a guilty verdict on one or more criminal prosecution charges, the next phase will be sentencing.

If the jury returns a verdict of not guilty as to all charges, the defendant is acquitted, and the defendant will be free to go.

What If The Judge Calls A Mistrial – Hung Jury?

In criminal trials, the verdict must be unanimous. A hung jury results when the jury is deadlocked and cannot decide on the guilt or innocence of the defendant.

Under these circumstances, the judge will have to declare a mistrial. At that point, the prosecution must either retry the case or try to strike a deal with the defense.

Misconceptions about Federal Criminal Courts

Misconception #1: Federal courts only handle high-profile cases.
Reality: Not all cases are high-profile. Federal courts handle a wide range of cases, including immigration and federal tax offenses, civil cases, and criminal matters.

Misconception #2: A defendant can be tried again in federal court after acquittal in state court.
Reality: The Double Jeopardy Clause of the U.S. Constitution generally prevents a defendant from being tried again for the same offense after acquittal. However, exceptions do exist under the separate sovereign theory. The basis behind this theory is that federal and state governments are separate and sovereign entities that legislate their own laws and, therefore, have the legal right to enforce and prosecute their own criminal cases whether or not a defendant has already been prosecuted under a similar law under the federal system.

Misconception #3: Federal judges are always politically biased.
Reality: While judges are appointed by the President and confirmed by the Senate, they are expected to be impartial and make decisions based on the law, not political affiliations. Of course, judicial bias became a major issue in recent years when the U.S. Supreme Court under Chief Justice Roberts was accused of political bias by Senate and Congressional leaders in 2023 and 2024.

Misconception #4: Federal criminal cases always result in longer prison sentences.
Reality: Sentences in federal cases vary widely depending on the crime, the defendant’s criminal history, and aggravating circumstances. Not all federal cases result in severe federal prison punishments.

Misconception #5: Only federal cases can reach the U.S. Supreme Court.
Reality: The U.S. Supreme Court can hear cases from both federal and state courts if they involve significant constitutional issues of federal law.

Fears Related to Federal Criminal Courts

Fear #1: Federal courts are too powerful and can override individual rights.
Reality: Federal courts are designed to protect individual rights, with strong safeguards like excluding irrelevant evidence, prohibiting evidence obtained through illegal search and seizure, and ensuring every criminal defendant is afforded the presumption of innocence and due process of law.

Fear #2: The complexity of federal law makes it impossible to get a fair trial.
Reality: Federal courts follow strict published procedures and guidelines to ensure fairness and transparency and with a strict burden of proof, which requires the prosecution to prove their case against a criminal defendant beyond a reasonable doubt to obtain a conviction.

Fear #3: Federal judges can impose excessive sentences without checks.
Reality: Federal advisory sentencing guidelines and the possibility of appeal serve as checks on district court judicial decisions and help ensure appropriate sentences.

Fear #4: Once indicted in federal court, conviction is almost certain.
Reality: While federal prosecutors often have strong cases, defendants are presumed innocent until proven guilty. Notwithstanding, due to the extraordinary pressure on the defendant to enter a plea bargain and forfeit their right to a trial, the remaining cases that get prosecuted against criminal defendants that go to trial result in a very high conviction rate.

Fear #5: Jury trials in federal courts are unfair due to biased jurors.
Reality: The jury selection process, voir dire, is designed to help ensure that jurors are impartial and can render a fair verdict based on the evidence presented.

FAQs About Federal Criminal Courts

What is the difference between state and federal criminal courts?
Federal criminal courts handle cases involving violations of federal law and cases between litigants from different states (Diversity Jurisdiction), whereas state courts deal with violations of state law. Notwithstanding, both judicial systems operate under the laws and framework of the U.S. Constitution, with each state legislating its laws and having its judicial processes.

Can a federal case be moved to state court?
Due to their nature, federal cases usually remain in the federal system. However, in certain circumstances, a case could be removed from federal court and moved back to state court, especially if it involves both state and federal legal issues.

How long does a federal criminal trial typically last?
The duration of a federal criminal trial varies significantly depending on the case’s complexity. Some trials may last only a few days, while others, particularly those involving multiple defendants or extensive evidence, can extend for weeks or even months.

Can federal judges overturn jury verdicts?
Yes, in specific circumstances, a federal judge can reverse or overturn a jury verdict if there are strong legal grounds, such as insufficient evidence or substantially prejudicial procedural errors made during the trial.

Bottom Line

The judicial process, from trial to verdict, is built around balancing the accused’s constitutional rights and the people’s rights to be protected from criminal activity.

By recognizing the safeguards in place and the roles of legal professionals in the criminal justice process, we have a much better understanding of the complexities and challenges facing the federal justice system.

The future of federal criminal courts focuses on adapting to societal changes by updating laws on drug offenses, fraud, sex crimes, hate crimes, and immigration and identity theft.

In recent years, there has been a growing push toward rehabilitation and restorative justice in our prison systems as we work to reduce repeat offenses, especially for non-violent offenders.

Whether we are aware or not, our court system can profoundly impact our individual lives and those within our community. As our courts evolve in response to public change and its demands for a more transparent, efficient, and impartial system of justice, it is imperative that we, as a society, remain informed, vigilant, and engaged in the process.

Federal Crimes Attorney

Should you or someone close to you become a federal target of a criminal investigation and have questions or require additional information on the federal criminal process, we recommend you consult a verified Federal Crimes Attorney as early as possible.

Sources and References:

US Supreme Court

USCourts.gov

Department of Justice

Federal Rules of Criminal Procedure

Cornell Law Legal Information Institute

Law Library of Congress