Over 98 percent of criminal prosecutions occur in state courts

Evidence

The federal judicial power does not extend to all possible cases. When a person is charged with violating a state criminal statute, the case is heard in state court. Most criminal statutes—for example, those outlawing theft, armed robbery, and rape—are state statutes, and more than 98 percent of criminal prosecutions occur in state courts. State courts also have exclusive jurisdiction when a civil case involves only state law and the parties to the case are each citizens of the same state. Because the vast majority of civil cases have that character, they likewise are heard in state courts. Finally, the U.S. Supreme Court in recent years has held that the doctrine of sovereign immunity restricts Congress’s power to authorize suits against state governments without their consent in federal courts. — G. Alan Tarr, Judicial Process and Judicial…, 244

Categorization

• DEFINE: Defines sovereign immunity as a limit on Congress’s power to authorize suits against state governments.
• XREF: Plausibly connects to the course’s institutional-structure unit and to constitutional-law material on state vs. federal court jurisdiction. — connects to: Most cases stay within their initiating state or federal judicial system — G. Alan Tarr, Judicial Process and Judicial…, 218; Most criminal and civil cases are heard in state rather than federal courts. — G. Alan Tarr, Judicial Process and Judicial…, 288; State supreme courts hear far more cases than the U.S. Supreme Court does — G. Alan Tarr, Judicial Process and Judicial…, 314

Broader Connections

• Most criminal and civil cases are heard in state rather than federal courts. #corroborates (0.95) — G. Alan Tarr, Judicial Process and Judicial…, 288
• Most cases stay within their initiating state or federal judicial system #expands (0.78) — G. Alan Tarr, Judicial Process and Judicial…, 218
• State supreme courts hear far more cases than the U.S. Supreme Court does #corroborates (0.72) — G. Alan Tarr, Judicial Process and Judicial…, 314