For example, a criminal defendant may be convicted in state court, and lose on " direct appeal " to higher state appellate courts, and if unsuccessful, mount a " collateral " action such as filing for a writ of habeas corpus in the federal courts.

In the U. S. federal court system, criminal defendants must file a notice of appeal within 10 days of the entry of either the judgment or the order being appealed, or the right to appeal is forfeited.

In the United States, however, personally retained counsel have had a right to appear in all federal criminal cases since the adoption of the Constitution and in state cases at least since the end of the Civil War, although nearly all provided this right in their state constitutions or laws much earlier.

The only types of records that are disclosed as being in the system are those of " federal prisoners who are in custody pending criminal proceedings.

The Federal Bureau of Investigation ( FBI ) is a governmental agency belonging to the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency ( counterintelligence ).

The FBI's main goal is to protect and defend the United States, to uphold and enforce the criminal laws of the United States, and to provide leadership and criminal justice services to federal, state, municipal, and international agencies and partners.

Federal jurisdiction in this sense is important in criminal law because federal law, being based on a concept of enumerated powers, does not deal with crimes as comprehensively as the laws of any particular state.

A criminal defendant may plead insanity in federal court, and in the state courts of every state except for Idaho, Kansas, Montana, and Utah.

* Federal Jury Instruction Resource Page Collecting model or pattern federal civil and criminal jury instructions for trial courts by jurisdiction ( where available ) and subject matter.

But those who charged with a criminal offense, breach of contract or federal offence have a Constitutional right to a trial by jury.

Virginia deviates from the federal evidentiary rule in that a nolo contendere plea entered in a criminal case is admissible in a related civil proceeding.

Special pleas in federal criminal cases have been abolished, and defences formerly raised by special plea are now raised by motion to dismiss.

The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.

About June 1984, the Key West Police Department located in the County of Monroe, Florida, was declared a criminal enterprise under the federal RICO statutes after a lengthy United States Department of Justice investigation.

Category: United States federal criminal legislation

Milošević didn't respond to the platform considering it unconstitutional as political relations within the federal state got strained to a maximum especially against the backdrop of the assassination wave of figures from top political, criminal, and state business circles in both republics ( Željko " Arkan " Ražnatović, Pavle Bulatović, Žika Petrović, and Goran Žugić as well two attempts on the life of opposition politician Vuk Drašković ).

For summary conviction offences that fall under the jurisdiction of the federal government ( which includes all criminal law ), section 787 of the Criminal Code of Canada specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 6 months of imprisonment, a fine of $ 5, 000 or both.

" He was executed by lethal injection at 7: 14 a. m. on June 11, 2001, at the U. S. Federal Penitentiary in Terre Haute, Indiana, the first convicted criminal to be executed by the United States federal government since Victor Feguer was executed in Iowa on March 15, 1963.

As federal criminal jurisdiction expanded to include other areas, such as narcotics, more questions about the Fourth Amendment came to the Supreme Court.

No President, before or since Grant, has ever given a deposition for a criminal defendant in a federal trial.

Category: United States federal criminal legislation

The massacre also brought the belated attention of the federal government to bear on Capone and his criminal activities.

A grand jury, a type of jury now confined almost exclusively to federal courts and some state jurisdictions in the United States, determines whether there is enough evidence for a criminal trial to go forward.

He has frequently refused to move from white lunch counters, refused to obey local laws which he considers unjust, while in other cases he has appealed to federal laws.

Then in 1875, apparently in response to the nationalizing influence of the Civil War, Congress first gave the lower federal courts general authority -- concurrently with state tribunals -- to decide cases involving federal-right questions.

In 1913 an abortive provision was made for the stay of federal injunction proceedings upon institution of state court test cases.

( As we have seen, the Erie and York decisions require federal courts in diversity cases to follow state decisional rules.

Does Lincoln Mills suggest that if Congress granted jurisdiction over interstate divorce cases, the federal courts would be authorized to fashion a national law for the dissolution of marriages??

There is a common problem behind most of these federal question and diversity cases.

A similar canon applies to those who press state claims in federal tribunals, e.g., in diversity cases.

Appointment of counsel for indigent defendants was nearly universal in federal felony cases, though it varied considerably in state cases.

Later cases interpreted the " judicial power " of Article III to establish the power of federal courts to consider or overturn any action of Congress or of any state that conflicts with the Constitution.

The United States federal courts are divided into twelve regional circuits, each with a circuit court of appeals ( plus a thirteenth, the Court of Appeals for the Federal Circuit, which hears appeals in patent cases and cases against the federal government, without geographic limitation ).

The Class Action Fairness Act of 2005 increases defendants ' ability to remove state cases to federal court by giving federal courts original jurisdiction for all class actions with damages exceeding $ 5, 000, 000, exclusive of interest and costs.

This clause has been deemed to impose a requirement that United States federal courts are not permitted to hear cases that do not pose an actual controversy — that is, an actual dispute between adverse parties which is capable of being resolved by the.

In addition to setting out the scope of the jurisdiction of the federal judiciary, it also prohibits courts from issuing advisory opinions, or from hearing cases that are either unripe, meaning that the controversy has not arisen yet, or moot, meaning that the controversy has already been resolved.

The federal and state judiciaries have played an important role in the development of environmental law in the United States, in many cases resolving significant controversy regarding the application of federal environmental laws in favor of environmental interests.

Furthermore in many cases federal laws allow for more stringent regulation by states, and of transfer of certain federally mandated responsibilities from federal to state control.

Under clause 17 Article I Section 8 of the Constitution however, Congress has power to " exercise exclusive Legislation in all cases whatsoever " over the federal district ( Washington, D. C .) and other territory ceded to the federal government by the states, such as for military installations.

Curtis Allen Huff, 41, of 1630 Lake Av., Wilmette, was arrested yesterday on a suppressed federal warrant charging him with embezzling an undetermined amount of money from the First Federal Savings and Loan association, 1 S. Dearborn St., where he formerly was employed as an attorney.

In the federal system, Federal Rule of Criminal Procedure 32 ( i )( 4 ) provides that the court must " address the defendant personally in order to permit the defendant to speak or present any information to mitigate the sentence.

* 1927 – The Federal Industrial Institute for Women opens in Alderson, West Virginia, as the first women's federal prison in the United States.

In Australia's Federal Parliament, the ACT is represented by four federal members: two members of the House of Representatives ; the Division of Fraser and the Division of Canberra and is one of only two territories to be represented in the Senate, with two Senators ( the other being the Northern Territory ).

Many of the independent agencies operate as miniature versions of the tripartite federal government, with the authority to " legislate " ( through rulemaking ; see Federal Register and Code of Federal Regulations ), " adjudicate " ( through administrative hearings ), and to " execute " administrative goals ( through agency enforcement personnel ).

The Bundesrat (" federal council ", performing the function of an upper house ) is the representation of the Federal States ( Bundesländer ) of Germany and has its seat at the former Prussian House of Lords.

On July 17, 1996, Clinton issued Executive Order 13011 – Federal Information Technology, ordering the heads of all federal agencies to utilize information technology fully to make the information of the agency easily accessible to the public.

Judicial power is exercised by the judiciary, consisting of the Supreme Federal Court, the Superior Court of Justice and other Superior Courts, the National Justice Council and the regional federal courts.

In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule 23 and 28 U. S. C. A.

In the early 20th century, Equity Rule 48 was replaced with Equity Rule 38 as part of a major restructuring of the Equity Rules, and when federal courts merged their legal and equitable procedural systems in 1938, Equity Rule 38 became Rule 23 of the Federal Rules of Civil Procedure.

** The Federal Diet ( In German: Deutscher Bundestag ), federal parliament of Germany

Consistent with the federal statutes that they administer, U. S. federal agencies promulgate regulations in the Code of Federal Regulations that fill out the broad programs enacted by Congress.

Federal agencies operate within the limits of federal jurisdiction.

Just as an individual might keep an account at a bank, the U. S. Treasury keeps a checking account with the Federal Reserve, through which incoming federal tax deposits and outgoing government payments are handled.

Federal funds are the reserve balances ( also called federal reserve accounts ) that private banks keep at their local Federal Reserve Bank.

Federal reserve accounts contain federal reserve credit, which can be converted into federal reserve notes.

The twelve Federal Reserve Banks provide banking services to depository institutions and to the federal government.

A Federal Information Processing Standard ( FIPS ) is a publicly announced standardization developed by the United States federal government for use in computer systems by all non-military government agencies and by government contractors, when properly invoked and tailored on a contract.