What is Criminal Jurisdiction?

Definition

Jurisdiction is the right of the court to hear a specific case. For a criminal case, the court where the trial takes place must be correct for the trial to be valid. Criminal jurisdiction is based on certain factors: the place where the crime took place, the type of case and the subject matter.

State vs. Federal Criminal Jurisdiction

The majority of criminal cases, like murder, DUIs or rape, are state crimes. The burden of filing criminal charges is placed on the prosecutor. However, some criminal cases are considered federal cases. Depending on how the US federal statutes are written, the federal government may file criminal charges if it perceives that national interests are at stake. For example, interstate kidnapping rings or terrorism recruitment might fall under federal jurisdiction instead of state jurisdiction. Some crimes are considered both federal and state offenses, so a defendant might be tried in both state and federal trial courts.

Personal Jurisdiction

In criminal cases, the court establishes personal criminal jurisdiction based on where the offense was committed. For example, if a New Yorker committed a DUI in Hawaii, then Hawaii has personal jurisdiction over the case because the offense was committed there. To challenge a personal jurisdiction, a defendant must arrange a “special appearance” before the court for that specific purpose.

General/Subject Matter Jurisdiction

State and federal trial courts have general jurisdiction to hear all criminal cases. This automatic criminal jurisdiction was granted by state and federal laws. However, some state courts divide up the criminal cases according to severity and type. One trial court may deal with only misdemeanors while another criminal trial court may hear only felony cases. Most states also have a separate court to hear juvenile criminal cases. Some states may also have separate trial courts for drug offenses.

Special Jurisdiction Courts

Some US courts have special jurisdictions. For example, military courts are used for specific cases that involve US military personnel in both civil and criminal matters. Tribal courts have jurisdiction for cases that occur inside Native American reservations or tribal areas. These special jurisdiction courts do not have the same general criminal jurisdiction that trial courts have.