Please provide a thorough and concise answer to each question below, using full sentences and well-constructed paragraphs.
Distinguish among the federal, state, trial and appellate courts involved in criminal cases. In your discussion, explain why a state has the general power to make criminal law and to prosecute those who violate the law; describe the specific powers granted to the federal government to make criminal laws; describe the boundaries for congressional power under the Commerce Clause to regulate actions through criminal laws; and identify the ways a state can obtain jurisdiction over the person of a defendant charged with violation of a criminal law. (This question assesses outcome #2.)
The answer should have two parts.
In the first part, you should explain the limited power of the federal government to create crimes. List at least two specific federal crimes, and specifically identify the aspect of each crime you choose to list that triggers federal jurisdiction. Then distinguish the federal government’s limited power to create crimes from the much broader power to regulate conduct within its borders. List at least two crimes that could be tried in a state but not in a federal court.
In the second part of your answer, assume that an acquaintance of yours has been charged with felony hit and run driving on Central Avenue, right in front of our campus. Explain (in a general way, and without giving specific legal advice) what will happen to this defendant as he moves through the court system. Specifically, tell him whether he will be in state or federal court, and explain why. Explain the difference between a District and a Circuit Court in Maryland. Tell him which will hear his case, and explain why. Finally, explain what the prosecutor’s right to appeal will be if he is acquitted versus what his rights to appeal will be if he is convicted. Specifically name the two appellate courts that might hear his case, and describe the difference in their function.
