...APPEALS PROCESS KENNETH SPAULDING CJS/220 UNIVERSITY OF PHOENIX MAY 7 2015 APPEALS PROCESS An appeal is a right you usually have after a final decision of a court or government agency. If you don’t agree with the decision of the court or agency, you can have the decision reviewed by a higher court or agency, and sometimes a court can review an agency’s decision. Almost all appeals have to be filed in writing. All appeals have to be filed within a certain time, called the appeal period. Sometimes you have to post an appeal bond, of cash or property, within a certain time, to appeal from a lower court to a higher court. A typical appeal in a criminal case is from a conviction following a trial. The defendant will allege to the appellate court that one or more errors occurred in the trial or the process leading up to trial that rendered the trial fundamentally unfair or unconstitutional. The appellate courts determine whether searches and seizures, interrogation practices, and trial procedures are constitutional or not. Thus, the appellate decisions directly affect future conduct by police, prosecutors, and trial judges. Many people complain that defendant are procedurally precluded from raising certain issues on appeal because their lawyer did not object at trial or their appellate attorney did not raise the issue on the initial appeal, and that these procedural bars result in the continued incarceration of people who did not receive a fair trial and possibly even...
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...An appeal is a “proceeding in which a case is brought before a higher court for a review of a lower court’s judgment”. 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...
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...An appeal is a proceeding where a ruling from a lower court is reviewed by a higher court in an attempt to convince the higher court that the lower courts judgment was incorrect. Appeals are an important part of the criminal justice process. Appeals are part of the system of checks and balances. They are important because they ensure that defendants have received due process in the prior stages of the criminal justice process and it ensures that none of their civil rights were violated. They are also important because the law is often unspecific to certain legal guidelines. When society and technology change law often stays the same. It is through appeals where the law changes and adapts to society. Appellate Court decisions in one jurisdiction can act as a guideline for other jurisdictions that need to make rulings on similar cases. All appellate rulings also affect law enforcement agencies as they must also adapt to the change of the law. The appeals process begins with a conviction in trial court. After that it must follow the ladder of being appealed starting with the state appellate court. Following the state court and if there is a constitutional matter or federal law matter it will then be reviewed by the federal appellate court. Should the appeal process need to go further up the ladder it will reach the highest court the United States Supreme Court who would make the final ruling. Not every case can be appealed. You can not appeal a case solely because you think you...
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...Appeals Process Nikole Robinson Criminal Justice and Security (CJS)/220 February 9, 2014 Tony Sanders Appeals Process According to University of Phoenix Appeals (2003), an appeal is a proceeding in which a case is brought before a higher court for review of a lower court’s judgment for the purpose of convincing the higher court that the lower court’s judgment was incorrect. An appeal is done when a defendant’s attorney tries to get him/her a lighter sentence in exchange for something in return, for instance a guilty plea. This is the defendant’s way of trying to get a lighter sentence for the crime he/she has committed. Appeals are important because they are one of the principal avenues in which legal issues, such as law are shaped. Often an appellate decision in one jurisdiction is a source of guidance to courts in other jurisdictions. The first step to appeal is to file a notice of appeal within a specific amount of time after the conviction. Next the appellate files the trial court record and all documents supporting the appeal to the appellate court. Then the appellant and appellee each file briefs, basic facts of the case and the argument made by that particular party. After the briefs are filed the judge may want to hear a short oral argument from each party in the case and finally the court will issue a decision which will be given with a written opinion describing the reasoning for the decision. The appeals factor into the overall criminal procedures...
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...| APPEALS PROCESS | Describing the appeals process | | Ashlee Flemimg | 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...
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...Appeals Process Cara Drinkwine CJS/220 May 31st, 2015 Elizabeth Herbert Appeals Process When the defendant and defense counsel feels that the judge made an incorrect decision on the sentencing then the defendant through his representing counsel is able to appeal the decision. This is a difficult process seeing as the defendant has to ask for this in a set amount of time, and must have enough evidence to support the claim to even receive an appeal. There are many cases where an appeal worked in favor of the defendant and the sentencing was either reduced or thrown out altogether. The appeal process gives the defendant a second chance to be seen in front of the federal courts to receive a just sentence. The appeal process is designed to ensure that all defendants will have the chance to have due process especially in the beginning stages. The appeals process is absolutely necessary because it shapes laws on legal issues. “An appeal is a request to a higher (appellate) court for that court to review and change the decision of a lower court” (NOLO, 2015, p.1). Both the prosecution and the defense can always appeal a court’s decision on various motions including those that wish to exclude evidence in certain situations. The defendant can also appeal the court if there are legal grounds to do so. An appeal allows the defendant to possibly overturn the court’s decision (NOLO, 2015). There are overall three different primary types of appeals. The first is direct...
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...Appeals Process An appeal is when a person is found guilty or convicted of something. They then request for another hearing and a higher court. If you are the losing party you may also request an appeal. In some cases you may not be able to do an appeal. In order to appeal the individual who wants this appeal must present more information in a brief to a panel of 3 different judges. Then the judges will determine if you are eligible for it after reviewing your brief. The appeal process is a major part of the criminal justice system. This is where there are many of innocent people that are convicted and they have the chance to prove that they are not guilty. The fact that the appeal process is given to the people it better gets the real criminals. If the defendant is found guilty they have to do a brief and present it to three judges and they decide if it can be over turned and tried again. The things that I think should be improved when it comes to appeal process are what cases should be heard and then what case judgments should be overturned. I think that the appeal process should make the guide lines just a little stricter. The reason for me saying this is people who are convicted of murder more than one time should not be allowed to try and appeal it again. I think once they do it once and found guilty then they should not be able to do it again. That is just more money that is being used. The appeal process is another way for some people to stall on time that they...
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...Appeals Process Not always are cases finalized when first brought before the criminal justice system. When a defendant is found guilty they have the right to push their case to a higher court if they feel there was something wrong with the process of the trial court. There are basically two channels of appeals the Federal and State appeals. After the trial courts is the Federal Court of Appeals and on the state-side are the Appellate courts, although some states only have one level of appellate courts, after that are the Federal U.S. Supreme Courts and the State Supreme Courts. In criminal cases both sides can request an appeal unless the government is involved, usually they cannot appeal for an acquittal (State v. Jones). An appeal is “a legal proceeding by which a case is brought before a higher court for review of a decision of a lower court” (Merriam-Webster, n.d.). Just because someone doesn’t like the verdict handed down by a judge does not give them the right to an appeal. The appeal process is for challenging the process within the court and to ensure that constitutional rights were upheld from the arrest to the final verdict handed down from the court. When the losing party wants to appeal they submit in writing to the appellate court to have their case herd, sometimes an oral argument is presented where both sides have a chance to plead their case. Appellate courts have the right to overturn a decision or send it back to trial court for a re-trial to correct...
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...The Appeals Process By: Bryce Hinrichs July 2015 CJS/220 Week 9 Instructor: Nick Burgrabe The Appeals Process The appeals process plays an important role in the current court system. An appeal is when a court case is taken to a higher court in hopes of overturning the lower courts judgment. The appeals process is part of the systems “Checks and Balances” and makes sure that the defendants have their right of due process. In many cases the defendant will ask for an appeal because they feel that the judgment placed on them was not accurate or that there were legal reasons in their court case that the appeals court would like to review. When it comes to appealing the decision of a court case, it is not only the defendants right to do so. Both the prosecution and the defense have the right to appel the outcome of a court case. However, “Defendants can always appeal a conviction if appropriate legal grounds exist, the government generally cannot appeal an acquittal” (University of Phoenix, 2003). When a case is brought in front of the appellate court, they have the job of determining whether or not the appellant has the legal right to appeal said case. If the appellate court determines that the case has a standing then the case may continue on. Once the appellate courts give permission for the case to proceed, there are many steps for the case to follow for a proper appeal. Some of these steps and timelines vary depending on whether or not the appeal if filled in...
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...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...
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...Appeals Process 220 December 23, 2012 Appeals Process First I will talk about an appeal, the appeal process is the process in which an appellate wants to review and possibly make a reversal of a lower court decision. An appeal may be filed by either side of the case and if it is granted, the appellate court is the next step. Some cases automatically get an appeal. Those cases would be the death penalty or life in prison. There are three different types of appeals. There is the direct appeal, this is also known as the appeal of right, this appeal happens when the penalty for errors made at the trial were so big that the appellate court is mandated to do a review of the case. The discretionary appeal is filed when there is legal ground to show specific errors have been made in a case where the laws were not applied to the case properly. Then we have the Interlocutory appeals which are filed when a judge’s decision hinders the progress of a case being tried and waiting until the end of the trial would hurt the case. The timeline of an appeal is extremely important. If an appeal is not filed promptly the court can deny the appeal. The first step in the appeal process is to file a formal notice of appeal with the court. This is when the appellate is able to request trial transcripts. Attorney’s from both sides fill a brief, which outlines all facts, arguments and case law that relate to any mistakes that were made in the first trial. A panel of three judges, sometimes...
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...Courts, 2002). Federal authority covers laws linked to patents, labor issues, pensions, and profit sharing. The state authority covers business association, contracts and trade secrets. Concurrent authority manages tax law, security law, and employment law (American Legal System, 2004). The Federal Judicial System consists of the United States Supreme Courts, Court of Appeals, District Courts, and Bankruptcy Courts. The federal judges once appointed remain there for life, except when congress observes treasons, bribery, or other high crimes and misdemeanors and has the judge removed from office through impeachment. The Supreme Court comprised of the Chief Justice of the United States and eight Associate Justices listen to a limited amount of cases the court has been asked to decide. The Court of Appeals consists of ninety-four judicial districts structured into twelve regional districts and each regional district maintains a Court of Appeals. The District Courts and decisions of federal administration agencies allocate appeal cases to a Court of Appeals located in the same circuit. Furthermore, the Court of Appeals have nationwide jurisdiction for the federal circuit in specialized cases that involve litigations determined in the...
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...John Sullivan CJS/220 Date: 1/24/2014 Assignment Week 9 Instructor: Deborah Difalco Appeals Process Paper In our criminal justice system we have many different kinds of processes. We can feel and see the frustration and drama that people suffer when they are associated with someone that is on trial or are part of the trial. “When finding of guilt in a trial court may raise legal issues that are reviewable by an appeals court.”( Meyer and Grant. 2003. Pp.465) An appeal is “a proceeding in which a case is brought before a higher court for review of a lower court’s judgment for the purpose of convincing the higher court that the lower court’s judgment was incorrect” (Merriam-Webster, 1996). Also one of their ways of putting the appeal is also a defendants way to be able to challenge and for them to re-look at the their court decision. In our criminal justice system it is extremely important for the existence of an appeal, the process is part of the system of checks and balances. When you think about an appeal you can consider it an advantage because it is the way that cases that have been charged and chose a sentence to be reviewed. It is the way where the person who acts in a crime will have their chance one more time to try to make changes regarding their official charge. The court will review the decision of the government officials, the executive branch and lower courts with the power of judicial review. “This power allows the U.S. Supreme Court and the supreme...
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...The court system is one of many processes; one of such processes is the appeal process. An appeals place in the procedure and process of the justice system occur post trial and conviction. An appeal cannot take place until a conviction and sentencing is finalized. An appeal is a legal proceeding by which a case is brought before a higher court for the re-examination of the procedure or decision of a lower court. (Dictionary, 2015) In layman’s terms it is a way to challenge the court’s decision. An appeal in a case may be undertaken by either or both sides; the defendant or prosecution may both have to option to appeal a decision. An appeal does not re-examine the evidence or testimonies involved in the previous decision but instead re-examines the process involved in the previous decision; if interrogation tactics, searches and seizures, and trial procedures are constitutional or not. There are three types of appeals within the appeals process. The direct appeal, also known as an appeal of right, happens when the penalty for the errors made at trial were so big that the appellate court is mandated to review the case. The discretionary appeal is filed when there is a legal ground to show that specific errors were made in a case where the laws were not applied to the case properly. Interlocutory appeals are filed when a judge’s decision hinders the progress of a case being tried and to wait until the end of the trial would hurt the case if allowed to go until the end. In the...
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...Appeals Process Paper When any defendant is found guilty, of any charge, is entitled to an appeal to at least one level of appellate court (Meyer, J & Grant, D. 2003). An appeal is when a defendant has already been found guilty in court, and they decide to take it to a higher court in order to change the ruling (Meyer, J & Grant, D. 2003). Basically it is a process that takes place, because the defendant and their attorney do not feel that the verdict given was accurate; and that could be due to many different reasons. Appeals ensure that there was a fair trial given and no rights were violated (Meyer, J & Grant, D. 2003). The appeal process begins very shortly after the trial, when the defense sends an appeal to the court. Appeals factor in to the overall criminal justice process, because in the end they can change laws or amendments. The Miranda rights are a great example of this. They came about after someone went back and challenged the court. It was then that the Miranda rights became part of the law and the criminal justice process. Just because a criminal goes to court and is decided guilty and is charged with whatever he/she was being charged with, does not mean that the process is over and he/she accepts the sentence and it is done. The defendant may decide something went wrong or he/she has a way of proving their innocence. Then they will submit an appeal and may end up getting out of the original sentence given. This completely changes up the criminal procedures...
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