The Definitions of Jurisdiction in Criminal Justice

Jurisdiction has numerous meanings in the criminal justice system.

In general terms, jurisdiction within the criminal justice system refers to the authority to handle a criminal case. It can refer to geographical boundaries, or to legal restrictions on which courts can hear certain types of cases. The most complete definition of jurisdiction requires an examination of the different types of jurisdiction and how they work within the criminal justice system.

Jurisdiction for Law Enforcement

Most police agencies have set boundaries inside which they have the obligation to patrol. The area inside which the police officer has patrol responsibility is his primary jurisdiction. In this case, jurisdiction refers to a set of geographical lines drawn on a map. In some places, like Pennsylvania, an officer retains arrest powers out of his primary jurisdiction under some circumstances, such as hot pursuit, under direct court order, or where she is responding to a request for aid from an officer within the jurisdiction.

Judicial Jurisdiction

In most cases, the court most closely related to the law allegedly broken has jurisdiction to hear the case. For example, a person who violates a municipal noise ordnance would go to a municipal court. A federal court, on the other hand, would have jurisdiction over a case of alleged terrorism. Likewise, a child would fall under the jurisdiction of a juvenile court, whereas a person over the age of majority would fall under the jurisdiction of an adult court. States vary on the upper age of juvenile jurisdiction, 15 being the youngest and 18 the oldest.

Concurrent Jurisdiction

In cases where two jurisdictions overlap, the courts have concurrent jurisdiction. Either court has the legal authority to hear the case. An example would be drug offenses where the defendant might face state drug charges and face federal drug trafficking laws for the same course of conduct. Police agencies also can have concurrent jurisdiction as in cases with a town inside a county. Both County and city police would have jurisdiction within the city. In such cases law enforcement agencies usually come to an agreement about which agency takes primary jurisdiction.

Personal Jurisdiction

Cornell University Law School explains personal jurisdiction, also known as jurisdiction in personam, as the power to hear a criminal case involving the person in question. The United States courts could not prosecute a foreign dignitary with diplomatic immunity because he falls outside the court's jurisdiction in personam over that person.

Subject Matter Jurisdiction

Just as having jurisdiction over the person means having the power to hear a case involving that person, subject matter jurisdiction refers to having the power to hear a case involving that subject. Courts of general jurisdiction can hear any case on any subject matter within the court's area of jurisdiction, as long as that subject matter is not under another court of jurisdiction. For example, bankruptcy cases, including criminal offenses arising from bankruptcy issues, can only get addressed in federal bankruptcy courts because of laws that say those courts have exclusive jurisdiction over that subject matter.

Appellate Jurisdiction

Some courts can hear any appeal on any subject within the court's state of jurisdiction, but cannot exercise any original jurisdiction. These courts can only determine whether the trial courts handled the case appropriately. They cannot try a case at that level.

References

• The Free Dictionary: Legal Dictionary: Jurisdiction
• Law and Legal Research: Pennsylvania Statutes: Statewide Municipal Police Jurisdiction
• Cornell University Law School: Legal Information Institute: Jurisdiction
• Total Criminal Defense: Juvenile Court Jurisdiction