 One of the first statutes passed by the First Congress , the Judiciary Act of 1789 , divided original jurisdiction for the trial of federal crimes between the district courts and the circuit courts . The district courts were given jurisdiction over all federal crimes " where no other punishment than whipping , not exceeding thirty stripes , a fine not exceeding one hundred dollars , or a term of imprisonment not exceeding six months , is to be inflicted . " The circuit courts were given concurrent jurisdiction over these crimes , and exclusive jurisdiction over all other federal crimes . The circuit courts also exercised appellate jurisdiction over the district courts , but only in civil cases . In capital cases , the Act provided that " the trial shall be had in the county where the offence , was committed , or where that cannot be done without great inconvenience , twelve petit jurors at least shall be summoned from thence . " " No other procedural provisions were included , probably because the legislators were simultaneously considering amendments which would provide such security . " 
