Preview

Cjs220 Final Assignment

Good Essays
Open Document
Open Document
1057 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Cjs220 Final Assignment
According to Wikipedia, an appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision. Appeals are made on the basis of matters of law, not fact. What this means is that the legal basis for an appeal must be a claim that the law was misapplied, either substantively or procedurally. An appeal cannot be made on the basis of disputes about the facts of the case, or dislike for the outcome of the case. For example, if you are convicted of a crime, you generally cannot appeal solely because you believe you are innocent.

Procrastination is not an option when seeking appellate review. Failure to file an appeal by the proper deadline will cause the appeal to fail regardless of its legal merits. An appeal based on the claim that evidence of “actual innocence” has been discovered post-trial must be filed within a specified time, which varies according to the nature of the appeal (e.g., an appeal for retrial, a writ of habeas corpus, or another type of appeal) and the jurisdiction. According to The Innocence Project, thirty-three states require that claims of innocence based on new evidence be brought within six months of the final appeal.

The specific procedures for appealing vary from one country to another. The nature of an appeal varies depending on the nature of the case as well as the rules of the court where the case was prosecuted. There are many types of standard of review for appeals.
An appellate court is a court that hears cases on appeal from another court. Depending on the particular legal rules that apply to each circumstance, a party to a court case who is unhappy with the result might be able to challenge that result in an appellate court on specific grounds. These grounds typically could include errors of law, fact, or procedure. If the defendant in a criminal case, or a plaintiff in a civil case, believes that their original trial

You May Also Find These Documents Helpful

  • Better Essays

    Cj227 Unit 4 Project

    • 943 Words
    • 4 Pages

    Since John was in custody, what are the procedural steps the police were required to take once John began to incriminate himself? The police have no obligation to stop John Doe from making any statements. “Excited Utterance” made by a defendant before being questioned are admissible as statements given under Miranda advisement. Once the police begin to question John Doe regarding the theft, then they are required to read or provide Mr. Doe with his Miranda Warnings. Miranda rights (Miranda rule, Miranda warning) n. the requirement set by the U. S. Supreme Court in Miranda v. Alabama (1966) that prior to the time of arrest and any interrogation of a person suspected of a crime, he/she must be told that he/she has: "the right to remain silent, the right to legal counsel, and the right to be told that anything he/she says can be used in court against" him/her. Further, if the accused person confesses to the authorities, the prosecution must prove to the judge that the defendant was informed of them and knowingly waived those rights, before the confession can be introduced in the defendant's criminal trial. The warnings are known as "Miranda Rights" or just "rights." The Miranda rule supposedly prevents self-incrimination in violation of the Fifth Amendment to the U. S. Constitution. Sometimes there is a question of admissibility of answers to questions made by the defendant before he/she was considered a prime suspect, raising a factual issue as to what is a prime suspect and when does a person become such a suspect?…

    • 943 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Cjs250Assignment Wk1

    • 724 Words
    • 3 Pages

    Allen Pinkerton was born in Glasgow, Scotland on August 25, 1819 and died July 1, 1884 in Chicago Illinois. He was a Scottish born detective and an owner and founder of a detective agency. He was also a son of a police officer who had left the force due to an injury in the Chariot Riots and by him not being able to work it caused a hardship for his family and shortly after the injury Allen Pinkerton father passed away. This led Allen to look for work to provide for his family at a young age.…

    • 724 Words
    • 3 Pages
    Good Essays
  • Good Essays

    First appeal: Ga. Court of Appeals affirmed judgment for defendant. Plaintiff appeals again to Ga. Supreme Court.…

    • 614 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Romeo phillion research

    • 2304 Words
    • 10 Pages

    Appeal refers to the appellant, sometimes called the plaintiff in error, must file a notice of appeal, along with the necessary documents, to commence appellate review. The person against whom the appeal is brought, the appellee, then files a brief in response to the appellant's allegations.(http://legal-dictionary.thefreedictionary.com/Appeal+(law) which means requesting a formal change to an official decision. In this case only one appeal had taken place.in 2009 Romeo Phillion sat through his first and last appeal. However, should this appeal even had taken place? The case was reopened in 2006, and in March 2009, the Ontario Court of Appeal overturned his 1972 murder conviction and granted him a new trial, in part because a 1968 police report establishing a clear alibi for Phillion had not been turned over to his defence lawyer. (trial.http://www.cbc.ca/news/background/phillion/) due to the fact that Phillion was wrongfully accused he should not have even had an appeal.…

    • 2304 Words
    • 10 Pages
    Good Essays
  • Powerful Essays

    Homework Assignment 5

    • 1706 Words
    • 7 Pages

    Jurisdiction is the authority of a court to hear and decide cases. There are several types; a few are Appellate Jurisdiction, General Jurisdiction, Subject Matter Jurisdiction and Personal Jurisdiction. Appellate is a court that hears a case an appeal from a lower court. General is a court that hears various kinds of cases in general. Subject Matter is a court that can hear only certain kinds of cases listed in the federal statutes and constitution. Personal is a court that makes decisions binding on the person involved in a civil case.…

    • 1706 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    1. Explain the difference between original and appellate jurisdiction. The difference between the original jurisdiction and the appellate jurisdiction is original jurisdiction who is the lower court gets to hear the court case first meanwhile the appellate the high power court can review decision and change the outcome. 2.…

    • 557 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Exam Law

    • 2389 Words
    • 10 Pages

    D. Promises to pay the debt of another contingent up the happening of some external event.…

    • 2389 Words
    • 10 Pages
    Good Essays
  • Good Essays

    Some are seen as Circuit or District Courts. These circuits can ask the supreme courts to hear the case. Not all cases are eligible to be reviewed by the U.S. Supreme Courts.…

    • 453 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The purpose of the major crime-reporting programs is to provide an overview of criminal activity. These programs seek to gain information about the frequency of crimes being committed, the victims impacted by such crimes, and also the type of crime committed. When these programs are used successfully an accurate picture of crime (through statistics) can be presented, therefore allowing such programs to aid lawmakers and other government officials. Such statistics aid in creating crime control programs, planning laws, and also give an idea as to what budget needs set forth for these things. To consider a crime-reporting program successful in the United States, the program would need to present an accurate picture of crimes. Unfortunately, this can be hard to accomplish. Reasons such programs face problems is because not all agencies report crimes the same way, if multiple crimes are committed only the most serious may be listed, some victims do not report crimes, or a crime may be reported as cleared when it has not been solved to name a few examples. For these programs to have real success, departments throughout the United States would need to work together to set standards for how and what is reported.…

    • 360 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Judicial review is a process that is conducted in the Supreme Court that hears an appeal over lawfulness of a case. It is not focused on the rights and wrongs of…

    • 1086 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The courts alone have the power to interpret the law, which is called jurisdiction. However, their jurisdictional power is restricted to federal and constitutional laws. When the courts make a decision in cases regarding interpretation of the law, it is called precedent. The lower courts must follow the precedent placed by the Supreme Court. Citizens who wish to have their case reviewed by the Supreme Court must appeal to the Court for a writ of certiorari. Typically the Court will hear the case if four of the nine justices decide that they should. The Supreme Court rarely holds trials; the Court’s duty is to interpret laws and decide how they should be enforced. For example, the Supreme Court ruled to legalize same-sex marriage nationwide in their landmark Obergefell v. Hodges case after studying the Fourteenth…

    • 591 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Trial courts are the courts where cases begin. In the trial court, both sides present proof to demonstrate their variant of what happened. The majority of the confirmation displayed in the trial court originates from witness and shows things and records associated with the case. In appellate court there are no witnesses, and no confirmation is displayed. In appellate courts, the legal counselors essentially contend lawful and arrangement issues under the watchful eye of the judge or a gathering of judges. The other difference between the two courts are the judges. In trial courts, there is one judge in the courtroom. That judge decides what evidence can and cannot be used and often decides the outcome of the case. And lastly, the contrast between the trial courts and the appellate courts is the part of the jury. A jury is a gathering of natives who listen to the actualities and settle on choices about the case. A jury is now and again utilized as a part of trial courts to choose the case. When it comes to the appellate court, there is no jury in the courts. The appellate judges decide the result of all…

    • 690 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Sentencing Offenders

    • 450 Words
    • 2 Pages

    Grounds of appeal can be - new evidence - legal precedence, such as when an expert witness is proven to be wrong in his procedure…

    • 450 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Appeals Process

    • 699 Words
    • 2 Pages

    What is an appeal? An appeal is a “proceeding in which a case is brought before a higher court for a review of a lower court’s judgment” (pg. 465). This basically means a process which takes place because the defendant and their attorney feel that the verdict that was given was inaccurate which was due to something that may have happened during trial or the arrest. Appeals are done to make sure that the person has had a fair trial and none of their rights were violated. An appellate court as the text states can help an area decided on how to address certain issues. This is good because the appellate court judges can make a decision without having to worry about what society will think and if they will get reelected. An appellate court goes through cases and tries to understand what has taken place during the arrest and see if the law was upheld. An appeals process starts right after the trial, the defense must submit an appeal to the court. The person appealing should file all documents with the appellate court. The will then file briefs and the court will later hear each sides argument and decide/ once the decision is made the courts will announce their findings and why. An appellate court is based on the law not on any facts so a defense attorney cannot argue the facts presented during the case or that you were found guilty and you believe you are innocent. Your appeal should consist of the fairness for example if you had the right to a speedy trial or a defense attorney etc.…

    • 699 Words
    • 2 Pages
    Good Essays
  • Good Essays

    KIN 3800 Mid Term

    • 1969 Words
    • 8 Pages

    2. An appellate court has options in deciding on an appealed case. They can do which of the following?…

    • 1969 Words
    • 8 Pages
    Good Essays