Criminology Essays - Case State Court

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Case State Court

Discussion Board

The following case is related to a large narcotics trafficking organization. According to the case, it should be first considered in the individual state court as it is a multi-state conspiracy.

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Factors

The factors that should be considered regarding this determination should be: number of people involved in the crime from each state, amount of drugs seized, extent of crime whether national or international, amount of cash involved as it then requires the case to be handled by Department of Treasury or Secret service. Also, it is considered whether it’s a multi state or single state conspiracy, as a multi state conspiracy is first handled by individual courts separately, and is then taken for consideration by Federal Courts (Accessibility, 2008).

Role of Police officer in the system of Court

A police officer does not have the right to bring such matters to the court’s attention. He simply has the right to arrest people involved in the conspiracy. If he is a federal officer, he would file the case in the US district court and if he is a state officer, he would file the case in the State Criminal Court. Only the state court’s judge can prescribe the case to the federal court (Bayley, 1994).

Advantages

In particular, both the structures whether federal or state have no special advantages of their own, but there would be certain considerations like, if the state passes the case to the federal court, it gives law enforcement another chance to prosecute and if the crime is of large magnitude that crosses state limits, it will be considered in federal court.

Factors Regarding Decision

According to the nature of this case, it should be first considered in the state court, and then if the judge thinks that it requires further prosecution; it would be transferred to the federal court. Generally, factors like amount of cash, amount of drugs, level of crime-national or international, etc. are considered while taking decision whether to consider the case in federal or state court (Accessibility, 2008).

References

Accessibility (2008). Retrieved June 16, 2008, from http://209.85.175.104/search?q=cache:como60UioJgJ:www.catea.gatech.edu/grade/legal/accessibility.html+Features+of+Federal+Court&hl=en&ct=clnk&cd=3&gl=in

Bayley, D. (1994). Police for the Future. London: Oxford University Press.