The definition of an appeal according to the Merriam-Webster dictionary (http://www.merriam-webster.com/dictionary/appeal, n.d.), is a legal proceeding by which a case is brought before a higher court for review of the decision of a lower court. The appeals process is very important to the legal system, and it includes many different factors and steps to the appeals process this helps the judge make the right decision. One of the main steps to the process starts with the losing side having to apply for a notice of appeal, and then the trial clerk advises other parties and Appellate Division. Next a written statement must be submit presenting their legal arguments, and if needed an oral argument can be given and at a later date, the appeal will be assigned to a panel of three Appellate Division judges. The judges will review the trail and court records, written briefs and a decision will be made to overturn the first decision or uphold the lower court’s decision. The appeals process is to ensure the offender was given a fair trial and no one’s rights were violated in the process. The court appeal will review the case with a fine tooth comb examining only the record of the proceedings in the lower court and will not consider any new evidence. The record is the court reporter's transcripts of everything said in court, by the attorneys, witnesses and the judge and anything else admitted into evidence, such as documents or objects, all of these items also becomes part of the record. A good example of this would be when a person is arrested they must be given their Miranda rights if in the first trial this fact was overlooked during the appeal process it would be noted that a violation of the person rights was committed and more than likely the first court’s decision would be overturned.
Nothing in this world is perfect, and the appeals process is no exception to the rules. In my opinion, the best way to improve this process would be first to try to make this process...
2. http://www.merriam-webster.com/dictionary/appeal, n.d.
3. The Courts in Our Criminal Justice System, by Jon’s F. Meyer and Diana R. Grant. Published by Prentice-Hall. Copyright © 2003 by Pearson Education
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