A brief introduction to the federal court system. Excellent presentation for undergraduate introduction to criminal justice courses. Parts 2 through 4 to be uploaded soon.

1. An Introduction to Federal Courts
Part One
Lieutenant Raymond E. Foster, LAPD (ret.)
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2. Adversarial System
• US Attorney (Government)
• Defense (Individual)
– Private Attorney
– Defender Organizations
• Federal Public Defender
• Non-profit groups
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3. Magistrate versus Judge
Judge
• Appointed by President
• Lifetime appointment
• Congress cannot change
salary
• Can conduct all judicial
proceedings; must conduct
felony trials.
Magistrate
• Appoint in District by Judge
• 8 year term
• Depending on District, can
conduct most Judicial
functions, except felony trials.
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4. Probable Cause
• The reasonable belief that a specific person
committed a specific crime.
– Basis of arrest
– Basis of complaint/affidavit
– Basis of Indictment
– Basis of a finding of guilty
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5. Terms to Know
• Objection: Statement of opposition to an aspect of a legal proceeding.
• Motion: Application made to a court or judge to obtain an order, ruling, or
direction.
• Hearing: Proceeding of relative formality at which evidence and arguments
may be presented on the matter at issue .
• Jurisdiction: The power, right, or authority to interpret, apply, and declare the
law.
• Hold: To rule as the holding of a case.
• Waiver: The act of intentionally or knowingly relinquishing or abandoning a
known right, claim, or privilege.
• Complaint: A document sworn to by a victim or police officer that sets forth a
criminal violation and that serves as the charging instrument by which charges
are filed and judicial proceedings commenced against a defendant.
• Affidavit: A sworn statement in writing made esp. under oath or on
affirmation before an authorized magistrate or officer.
Findlaw.com
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6. Indictment
“a formal written statement framed by a
prosecuting authority and found by a grand jury
that charges a person or persons with an offense.”
Findlaw.com
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7. Trials
Outcome
• Guilty
• Not Guilty
Method
• Trial by Jury
• Trial by Judge
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Guilty under the
law, not factually
guilty

8. Constitutional Supremacy
Constitution
Federal Law
State Law
Local Law
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9. Federal Crimes
• Activities regulated by the Federal Government;
• Activities affecting Federal operations; and,
• Acts committed on Federal Property.
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10. Assimilated Crimes Act
• The Assimilative Crimes
Act, 18 U.S.C. § 13, makes
state law applicable to
conduct occurring on
lands reserved or
acquired by the Federal
government as provided
in 18 U.S.C. § 7(3), when
the act or omission is not
made punishable by an
enactment of Congress.
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11. Interstate Commerce Clause
A clause in Article I, Section
8 of the U.S. Constitution
that empowers Congress to
regulate interstate
commerce and commerce
with foreign countries and
that forms the
constitutional basis for
much federal regulation.
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12. Federal Governance
• Legislative Branch creates
criminal and other statutes;
• Executive branch decides
which crimes are
enforcement and prosecuted;
and,
• Judicial Branch decides
matters of law.
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13. Confidential Communications
A communication between
parties to a confidential relation
(as husband and wife, attorney
and client, or doctor and
patient) such that the recipient
of the communication has a
privilege exempting him or her
from disclosing it as a witness
called also privileged
communication.
Findlaw.com
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14. Questions
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