...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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...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 Tammie Matthews CJS 220 October 12, 2012 Thomas Lawrence Appeals Process An appeal allows a defendant, found guilty in the lower court, the opportunity for review by an alternate court initialized by filing a claim stating that the trial court committed legal errors impacting the outcome of the case. Grounds for an appeal may include insufficient evidence, a violation of rights, or even possible mistakes made by the judge or the jury (Lawfirms.com, 2012). In order for an appeal to proceed, the appellate court must determine that the appellant (the party bringing the appeal) has the legal right to bring the case and whether the appellant has standing, meaning that the appellant has a legally recognizable interest in the case. The party opposing the appeal is called the appellee. Once the appellant files the notice of appeal to the court, both the appellant and appellee each file a brief which outlines the basic facts of the case, the argument made by the party filing the brief, and lists cases serving as supporting precedents (Meyer & Grant, 2003). Appeals are integral to criminal procedures and processes. Some types of appeals include the direct appeal, discretionary appeal, and interlocutory appeal (University of Phoenix, 2011). A direct appeal is filed when the consequences of errors are significant enough that the appellate courts are mandated to review them; such as a judge excluded evidence that may have helped the defendant...
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...Court Comparison Contrast Paper CJA/224 Introduction to Criminal Court Systems Court Comparison Contrast Paper During the course of reading this paper you will be introduced to the difference between trial court and appellate court. For example in trial courts there is actually only one judge within the room, he basically decides what can and can’t be used as evidence within the courtroom. In appellate courts there are five groups of three judges who basically divide’s the cases between them. You will also be to understand the difference between federal and state courts, for instance federal courts simply tend to handle cases such as illegal weapons and drugs that tend to cross our state lines, and state courts basically handle cases that deal’s the juvenile and family cases. After reading this paper will not only be able to understand when and where an appeal begins and ends, but you should also be able to fully understand the functions that between trial and appellate courts. State Court Each state has its own system of justice that oversees court cases. The judicial system that they employ will oversee a majority of the criminal cases that are presented. There are many levels of trial courts with at least one appellate court that states will have. The majority of states will have courts of general jurisdiction, which will hear major offenses like felonies. Courts of limited jurisdiction which will hear minor offenses. Some states...
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...Judicial Review: proposals for reform December 2012 Consultation Paper CP25/2012 Consultation start date: 13 December 2012 Consultation close date: 24 January 2013 Judicial Review: proposals for reform Presented to Parliament by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty December 2012 Cm 8515 £16.00 © Crown copyright 2012 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/ or email: psi@nationalarchives.gsi.gov.uk Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned. Any enquiries regarding this publication should be sent to Michael Odulaja, Administrative Justice, Court and Tribunal Fees and Coroner’s Policy Team, Ministry of Justice, Post Point 4.34, 102 Petty France, London, SW1H 9AJ. This publication is available for download at www.official-documents.gov.uk and on our website at www.justice.gov.uk ISBN: 9780101851527 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID 2529331 12/12 Printed on paper containing 75% recycled fibre content minimum. Judicial Review: proposals for reform Contents Foreword 1. Introduction 2. Background 3. The case for change 4. Time limits for bringing a claim...
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...society influence the creation of governing laws? Do you think laws are a reflection of society or society is a reflection of laws? Explain your answers. CJS 220 Due Process Write a 200- to 300-word response describing the concept of due process, including how it applies to the criminal justice system. CJS 220 Final Write a 700-to 1,050-word paper in which you describe the appeals process. Address the following: · What is an appeal? · How do appeals factor into the overall criminal procedures and processes? · How can we improve the appeals process? Include at least one example of a real-world case that went through the appeals process. Explain why this appeal did or did not succeed. Format your paper and resource consistent with APA guidelines. CJS 220 Final 1 In this file of CJS 220 Final 1 you will find the next information: Write a 1500-1700 words paper on Fiction Versus Reality. CJS 220 Final 2 In this document of CJS 220 Final 2 you will find the next information: Write a 1050-1500 words paper on Fiction Versus Reality. CJS 220 Law Opinion...
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...Allowance How to make an ESA appeal Introduction There are three levels of appeal when appealing a decision by the Department of Work and Pensions (DWP). They are: 1. Reconsideration 2. Appealing to the First Tier tribunal 3. Appealing to the Upper tribunal. Generally it is best to first appeal by asking the Department of Work and Pensions to reconsider its decision. If this fails then you can appeal to the First Tier tribunal which is independent and run by the Social Security tribunal service. If your appeal to the first tier tribunal fails then you can appeal to the Upper tribunal. On the next page you will find a list of some of the types of documents that you could use as evidence in any appeal or application for Employment Support Allowance. © DLS 2011 2 Evidence for appealing Employment Support Allowance decisions at any level of appeal • A letter of support from your doctor; • A care plan; • A doctor’s report; • A Statement by the claimant showing the history of the problems they have and how they affect them; • Any medical information such as letter for appointments or anything which assists in proving your claimant attended their Doctor/hospital or other therapy for their problem; • A diary of how the problems effect the claimant on a day to day basis; • A statement from anyone that might provide care or help the claimant with their problems such as friends, family, care workers or Work colleagues etc. © DLS 2011 3 Appeals The decision (Decision-Maker) ...
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...INTRODUCTION Judicial review is the doctrine under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority (such as the terms of a written constitution)[1] as it was seen in the recent case of Nigel Kalonde Mutuna and Charles Kajimanga, where the two High Court Judges applied for leave for Judicial Review in respect of the decision of the President of Zambia to appoint a Tribunal to investigate the Applicants and to suspend the applicants. An Ex-part order was granted by Hon. Mrs Justice F. Chisanga to the applicants for leave to apply for judicial review. The leave granted to the applicants operated as a stay of the decision of the President. Therefore judicial review is a High Court procedure for challenging administrative actions. Delegated legislation may also be challenged. It allows individuals, businesses or groups to challenge in court the lawfulness of decisions taken by Ministers, Government Departments and other public bodies. These bodies include local authorities, the immigration authorities, and regulatory bodies and some tribunals. In the case of R v HM the QUEEN in Council, ex parte Vijayatunga[2], Mr Justice Simon Brown ( now Lord Brown of Eaton Under Heywood) observed that “judicial review is the exercise of the court’s inherent power at common law to determine whether action...
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...State of Confusion Paper State of Confusion Paper The state of Confusion has over stepped its authority when it passed a law regulating trailer hitches on its roads. This regulation is in direct conflict with the commerce clause of the U.S. Constitution, Article 1 Section 8. This gives Tanya only one option in choosing a court to fight the unjust regulation. She must take her case to the federal court. This gives Tanya the best chance at overturning the state of Confusion’s regulation on trailer hitches. The Supremacy Clause also gives Tanya a chance to fight the states regulations. The supremacy clause states that all state judges must follow federal law when federal and state laws conflict. Using both of these clauses to fight the state of confusions’ regulations, Tanya has enough ammunition. The Federal District Court system will have jurisdiction over all matters arising under the Constitution, laws, or treaties of the United States. Regulations can be tricky when deciding constitutionality in the federal court system. Taxations are generally accepted when passed by state legislators. Under the Constitution, regulations that impact interstate commerce and pose a direct burden are deemed impermissible. Tanya can sue in the federal courts in the state of confusion for a declaratory judgment that the states regulations violate the commerce clause and are invalid because of the undue burden on interstate commerce the regulations impose. There are a few cases that the district...
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...Appeals Process Paper Patricia Velez University Of Phoenix Punishment Philosophies An appeal is an application or request made by a losing party in a court case to a higher court seeking a reversal of a lower court’s ruling in the case. In trials by federal courts, the losing party is entitled to a chance to make a plea to the court of appeal, whereby either party may be against the decision in a civil case while only the defendant has the chance to make a petition whereby a criminal case is concerned. Most appeal cases are picked for a session of oral arguments by both parties before the court. This oral claim takes the form of a structured discussion conducted between appellate lawyers and judges of the court focusing on legal principles involved in the dispute. Ideally, both sides are allocated a small amount of time during which they present their opinions before the court. In most circumstances, appeals are final, and the decision made by the court of appeals ate taken as the final word except when it refers the case back to trial courts or whereby the Supreme Court is involved (Barendrecht, Bolt, & Hoon, 2010). Appeals factor in criminal procedures and overall trial processes in different ways depending on the structure and principals of the legal system involved. Ideally, the appeal process is upheld for its benefits for the conflicting parties, the system of public justice, as well as the future users of...
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...Court System Paper Jeffery Seigler AJS/502 11/10/2014 Donald Savell The Court system in America is one of the best court system in the world and each of the states inside the United States has its own unique system that they operate under. Each state has state laws and rules that are unique to their state and jurisdiction. There are different levels of the court system with each level performing a specific job and duty under the Constitution of America. So in this paper I will discuss the different levels of the court system and the function that they do. I will also give an overview of a major criminal court proceeding and discuss the elements and components of the court system. I will also identify and describe the distinguished features of the major court system ranging from the state-level Superior Courts, the Federal District Courts, through the U.S. Supreme Court. The State of South Carolina, Respondent V. Jarmel L. Rice, Appellant The Appellant in this case Mr. Rice plead guilty to one count of assault with the intent to kill and three counts of armed robbery and was sentence to 11 years in prison. At the time of this conviction Mr. Rice was only 15 years of age at the time and after a contested waiver from family court his case was sent to general sessions court were his sentence was handed down which bring us in front of the courts of appeals. Mr. Rice and his defense attorney Mr. Robert M. Pachak are arguing that Mr. Rice...
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...Legal Process Paper According to Bennett-Alexander and Hartman (2007), many forms of discrimination exist and different agencies can impose multiple penalties for noncompliance. In this paper, an employee named John wants to file a discrimination complaint against his employer. The following key elements will be discussed: (1) description of what is discrimination, (2) Equal Employment Opportunity Commission (EEOC) process, (3) civil litigation process, and (4) court appearance. A summary and conclusion will finalize the paper. What is Discrimination According to the EEOC (2011), reprisals or disciplinary actions against employees based on color, race, age, religion, disability, sex or political affiliation is considered a form of discrimination. Discrimination can apply to retaliation for filing a charge of discrimination and can be associated to the hiring of employees. Understanding how discrimination affects the workplace is important to everyone and understanding how to file a complaint is equally important. Equal Employment Opportunity Commission Process The EEOC was created in 1964 by the federal government and is used to help protect employees from discrimination. John wants to file a discrimination complaint, so he will have to provide his name, phone number, address, employers information, and a description of the discrimination violation. All complaints will be reviewed by the EEOC if the...
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...known as trial courts of limited jurisdiction, are courts of lesser rank; for example municipal or justice court below a superior or county court, a superior or county court below an appeals court, or a federal District Court of Appeals below the U. S. Supreme Court. Lower courts are “responsible for responsible for handling the early stages of felony criminal cases” (page 93). After an arrest, the judge...
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...INTRODUCTION In the United States, there are two separate court systems: State and Federal. The two court systems were made to keep State and Federal matters separate. Under the State court, legislatures were able to generate a variety of laws. The following will review on how the State of California came and how the system relates to the people today. Although both branches are equally as important, this paper is going to outline the basic structure of California’s court system. The following will explain the jurisdiction (authority to hear cases) of these various trial courts, and specifically explain in what trial court(s) in the state you would file specific types of claims. Additionally, I will explain the structure of the appellate courts in California, naming each level of the appeals court. HISTORICAL DEVELOPMENT OF STATE COURTS A State court will differ from all 50 states. If one were to look at the capitols of each state, there of course is a state court in each one. All were made at different times, therefore making each state different from one another. At the start of the 13 colonies, the head of the state was not voted on (as voting was not created yet), but merely decided upon by the king. However, the three key branches of the court system were not decided yet since the governor had control and power. As centuries have changed, so did those who practiced law. Those who studied law became more abundant, and the old way of the courts were starting to be...
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