Appeals Process

Topics: Law, Appeal, Court Pages: 2 (699 words) Published: January 15, 2015
Appeals Process

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.

Appeals factor in to the overall criminal justice procedure, because they ultimately change laws and amendments. For example or Miranda rights, that was brought about after someone challenge the court and now we have a law. Also citizens have the right to an attorney also was brought about through pour appellate court systems. The people who are allowed to submit an appeal are prosecution and defense attorneys that if it is a criminal case. Defendants are more then...
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