Appeals Process Essay Example
| APPEALS PROCESS | Describing the appeals process | | | 2/12/2012 |
Abstract
An appeal in the criminal law system is a defendant’s way of challenging the court’s decision. In this paper I will discuss what an appeal is, how it factors into the overall procedures and process of the criminal system. How the appeals process may be improved. Steps in the appeals process and an example case of an appeal. And why the example case appeal did or did not succeed.
Introduction
A defendant can challenge is conviction by filling an appeal to have the conviction overturned. The first appeal filed in most cases in the Federal System and most State Court systems is an appeal of the Statutory Right. If they lose the appeals under the statutory right they may then appeal to the State Supreme Court or the U.S. Supreme Court. But in most cases a defendant does not have the right to file such an appeal. The Supreme Court must agree to hear the defendant’s case. But defendant needs to remember that an Appeals Court is not automatically required to review a case.
What is an appeal?
An appeal is a petition to a higher court for review of a case that has already been decided by a lower court of law. The petition is made for the purpose of having the lower court’s decision overturned.
How do appeals factor into the overall criminal procedures and processes?
Merely filing an appeal does not automatically mean that a defendant will find it easy to have the court decision reversed. It is imperative that the defendant shows the court in the appeals process that the initial decision was incorrect or flawed in some way. This can be done by proving that the previous decision was made in error, or by bringing to light new evidence that was not offered in the initial trial.
Defendants need to know that appellate courts each have rules that control the appellate process. These rules are firm, and cover steps in the appeal and time limits. Appellate courts usually aren't
Abstract
An appeal in the criminal law system is a defendant’s way of challenging the court’s decision. In this paper I will discuss what an appeal is, how it factors into the overall procedures and process of the criminal system. How the appeals process may be improved. Steps in the appeals process and an example case of an appeal. And why the example case appeal did or did not succeed.
Introduction
A defendant can challenge is conviction by filling an appeal to have the conviction overturned. The first appeal filed in most cases in the Federal System and most State Court systems is an appeal of the Statutory Right. If they lose the appeals under the statutory right they may then appeal to the State Supreme Court or the U.S. Supreme Court. But in most cases a defendant does not have the right to file such an appeal. The Supreme Court must agree to hear the defendant’s case. But defendant needs to remember that an Appeals Court is not automatically required to review a case.
What is an appeal?
An appeal is a petition to a higher court for review of a case that has already been decided by a lower court of law. The petition is made for the purpose of having the lower court’s decision overturned.
How do appeals factor into the overall criminal procedures and processes?
Merely filing an appeal does not automatically mean that a defendant will find it easy to have the court decision reversed. It is imperative that the defendant shows the court in the appeals process that the initial decision was incorrect or flawed in some way. This can be done by proving that the previous decision was made in error, or by bringing to light new evidence that was not offered in the initial trial.
Defendants need to know that appellate courts each have rules that control the appellate process. These rules are firm, and cover steps in the appeal and time limits. Appellate courts usually aren't