The Relations between the Organization of the Judiciary and Criminal Procedure

topics from the standpoint of United States law and practice, the federated system under the United States Constitution must be discussed.Because the United States has a federal system and separate state systems, problems that can be addressed singularly in unitary governmental systems (as exist in France or Japan for example) through a cabinet, parliament and government ministries must be left in the United States to a minimum of fifty five jurisdictions. 2 Only in very limited circumstances can the Congress create uniformity in an area by "occupying the field" through legislation,, thus precluding the exercise of state powers.Also, if the United States Supreme Court interprets the federal Constitution in a certain way, all states are required to conform. 4 In fact, however, that process sets only certain minimum constitutional standards affecting criminal investigations and trials and, therefore, only peripherally affects the creation of substantive criminal law provisions and their subsequent effectuation.Uniformity in state criminal law, therefore, is not likely to occur as a by-product of constitutional interpretation.2. The 55 jurisdictions are comprised of the federal jurisdiction, the 50 states, the District of Columbia, the Virgin Islands, and Puerto Rico. 3.