The federal court system is made up of three interconnected judicial levels:
- 94 District Courts (Trial Courts),
- 13 Circuit Courts (Appellate Courts),
- 1 Supreme Court (Highest Court In The Land)
District Courts – Federal Trial Courts
The federal district courts are the federal trial courts. Each federal judicial district court has at least one Federal District Trial Judge. The President nominates the district trial judge, and then the Senate must vote to confirm the nominee.
Circuit Courts – Federal Appellate Courts
There are twelve federal circuits in the United States. They are divided into discreet judicial regions. A panel hears cases that seek appellate review by three appellate court judges. After the district court trial, the losing party may appeal to the federal appellate court.
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 and, according to the U.S. Constitution, must be confirmed by the Senate.
The Supreme Court of the United States is the highest court in both the state and federal judicial court systems, including the Federal Court of Appeals and matters that were brought to the federal court system because the case 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 2021, the Supreme Court agrees to hear 100-150 of the nearly 8,000 cases requesting their review annually.
Federal District Court Judges
Federally Appointed
A federal district judge can preside over federal criminal and civil trials. District court judges have ultimate 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 the district court judges are not final. They can be appealed to an appellate court and ultimately to the United States Supreme Court. Though the Supreme Court reviews a tiny percentage of the cases submitted to the court for review.
Federal Magistrates
Support 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. Federal magistrates are appointed by federal district judges and serve eight-year terms if 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 federal 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 initial appearance of the accused 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 will 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.
Preliminary Examination
The other process of securing an indictment is through the preliminary examination, a hearing where a judicial magistrate considers the evidence and decides whether there is probable cause to indict. Preliminary hearings are used chiefly in state courts.
Preparing for Trial
Upon indictment, the case will then be assigned to a district judge for motions to be heard and the setting of a trial date.
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 the defendant’s prior statements made in violation of Miranda or were otherwise coerced by law enforcement.
- A motion to exclude evidence resulting from an unlawful stop, search, seizure, or arrest.
- A motion to bifurcate the trial, requesting the court separates the defendant’s trial from other cases to be tried against the co-defendants.
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
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
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 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.
Selection of Jury 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, both the judge and attorneys for both sides question potential jurors to determine if they could be sufficiently unbiased to sit as a juror in the case.
Opening Statements
In opening statements, both attorneys are restricted to stating what they believe the evidence will show over the course of the trial.
The opening statement must be a statement of 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 the 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, it is time for the attorneys to present their closing argument to the jury.
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.
Jury Instructions
Once the court verbally instructs the jury on the law, the jury will usually be given a copy of the jury instructions and be escorted to the jury room by the bailiff, where they will deliberate in secret.
Jury Verdict
Should the jury return a guilty verdict on one or more 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.
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.
Federal Crimes Attorney
Should you have specific questions or require additional information about your legal rights and obligations, we recommend you consult a verified Federal Crimes Attorney as soon as possible.
Reference Source: Justice.gov
