...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 courts of each state to review legislation, court decisions, and executive...
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...The Criminal Justice Process Edith Lewis Criminal Law & Procedure (BLJ1442A) Agustin Pena November 15, 2014 The Criminal Justice Process Even though the defendant can be found guilty at his trial he, has the right to to file an appeal to see if legal errors occurred which could possibly affect the outcome of the verdict or the trial. The first step in the criminal justice process is the investigation and plea negotiations begin after the defendant is charged and a trial is set when the plea negotiations fail. The defendant has an arraignment hearing where he is allowed to enter a plea of guilty, not guilty, or no contest. In this step probable cause is established with the evidence that is gathered so that an arrest can be made. Each state has their own way of processing felony criminal charges in a state court. They have their own procedures and rules that describe the criminal justice process for their states. The first step in the criminal justice process is the investigation. Before an arrest can be made in a crime, a crime must be committed and reported so that an investigation can be initiated. The Criminal Justice Process, 2014 noted that, “During the investigation the investigating officer seeks to obtain a search warrant if there is enough evidence in a particular location” (The Criminal Justice Process, 2014). When the investigators submit the information to the judge, the judge decides if there is “probable cause” to issue a search warrant for...
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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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...Federal and State Court Structures and Jurisdiction The federal courts and state courts differ in the structure, jurisdiction, and types of cases brought into the court. The basis of the Constitutional Law from an official document delineates powers for the federal law and state law that define the Federal Judicial System which derived from the U.S. Constitution, while the State Constitutional Law originated from the individual state Constitutions. The federal courts, the guardians of the Constitution, protect the rights and liberties of the Constitution. The federal courts interpret the law and apply the law to resolve disputes (U.S. 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...
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...under itself of Bengal, Bihar and Orissa. The jurisdiction of mofussil (i.e. larger areas beyond the limits of preicidency towns) was completely under the Company. The judicial organization provided by the Company in moffusil was called the Adalat System whose initial milestone was laid down in Bengal with Warren Hastings as the Governor of Bengal. With the Regulating Act passed in 1773, Warren Hastings was made the Governor General of all the British territories in India and the reforms of 1774 and 1780 were passed. The Company was dissatisfied with the plan of 1780 because it had separated the revenue and judicial functions, thus proving to be costly. Accordingly, the Directors advocated a merger of the two functions on the grounds of simplicity, efficiency and economy. Lord Cornwallis assumed the role of Governor-General of the Company in 1786 and continued till 1793. He was directed to take up three specific matters, one of them being reforms of the judicial system. The other tasks were resolving the problem of land revenue and improvement in the administrative machinery. During his tenure, he made significant and far-reaching reforms in the judicial administration, some of which constitute the foundation of the present legal system. The reforms were primarily made in three stages: first in 1787, then in 1790 and, finally in 1793. Judicial Plan of 1787 The main feature of this plan, as previously stated, was that the revenue, judicial and magisterial functions would vest in...
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...| [pic] |College of Criminal Justice and Security | | |CJA/204 Version 2 | | |Introduction to Criminal Justice | Copyright © 2009 by University of Phoenix. All rights reserved. Course Description This course is an introductory overview of the organization and jurisdictions of local, state, and federal law enforcement, judicial and corrections agencies, and processes involved in the criminal justice systems. It examines the historical aspects of the police, the courts, and the correctional system, as well as the philosophy. Additionally, career opportunities and qualifying requirements, terminology and constitutional limitations of the system will also be covered. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending...
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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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...|College of Criminal Justice SSecurity Security | | |CJS/220 Version 4 | | |The Court System | Copyright © 2011, 2009, 2007 by University of Phoenix. All rights reserved. Course Description This course is an introduction and overview of the legal system, the participants, the courtroom process, and post-conviction process of the court system. It demonstrates the connections among participants and how they relate to each other. Additionally, the course covers the history of the court system and the different types of court at the state and federal levels. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Course Materials Meyer, J. F., & Grant, D. R. (2003). The courts in our...
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...Criminal Justice System Paper Introduction In the field of Criminal Justice in America it is important to explore the parts of the criminal justice systems and the processes that occur. Many of the parts and processes in the Criminal Justice System shall be discussed in this work. Crime will be defined in relation to the law. Models of how society views acts as criminals will be reviewed. Choice theories will also be revealed in this work. The Instruments and government structure in relation to criminal justice shall be reviewed as well in this paper Criminal justice is exciting to review. Crime What is crime? Crime has an important definition with an important relation to the law. Crime is not defined by any one individual. It is important to explore what crime is defined as in society. Crime is, conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction, for which there is no legally acceptable justification or excuse. There is no justifying or excusing these acts (Schmalleger, 2009, p. 7). Crimes definition plays a major role in determining which acts are criminal as well as the models that are presented. Government Structure The government is structured in such a way as to support the Criminal Justice System in America. The first part of that structure is the Constitution. The Constitution outlines laws, freedoms and power to several governmental agencies. Government first plays a role in making laws. Then insure enforcement...
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...CJS 200 Foundations of the Criminal Justice System Course Start Date: 08/01/2011 Group ID: AAGR0Z9835 Facilitator: Lee Rankin Copyright Copyright © 2011, 2010, 2009, 2007 by University of Phoenix. All rights reserved. University of Phoenix® is a registered trademark of Apollo Group, Inc. in the United States and/or other countries. Microsoft®, Windows®, and Windows NT® are registered trademarks of Microsoft Corporation in the United States and/or other countries. All other company and product names are trademarks or registered trademarks of their respective companies. Use of these marks is not intended to imply endorsement, sponsorship, or affiliation. Edited in accordance with University of Phoenix® editorial standards and practices. ------------------------------------------------- Course Description This course is an introductory overview of the organization and jurisdictions of local, state, and federal law enforcement, judicial and corrections agencies, and processes involved in the criminal justice systems. It examines the historical aspects of the police, the courts, and the correctional system, as well as the philosophy. Additionally, career opportunities and qualifying requirements, terminology, and constitutional limitations of the system will also be covered. ------------------------------------------------- Course Topics and Objectives Week One: The Criminal Justice System 1 * Define crime and its...
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...(NCVS) collects information on the frequency and of crimes such as rape, sexual assault, aggravated and simple assault, household burglary, theft, and motor vehicle theft. Both systems report different types of information and different details. The UCR program displays statistics for law enforcement administration, operation, and management. The UCR program utilizes what is called the hierarchy rule. If more than one crime was committed by the same person and the time separating the crimes was minor, then the crime highest in the hierarchy is the only crime reported. This seems like a very inaccurate method of recording data, one would assume that all records of offenses were taken into consideration for reporting purposes. The NCVS program collects information on crimes by individuals and households while also providing information on victims such as age, sex, race, marital status. The difference in the two programs is that each serves a different purpose in reporting. The UCR reports information for law enforcement, operations and management. The NCVS provides information about each crime, its victims and the offenders. 2 Running Head: Midterm Essay 3 Summarize the evolution of the criminal justice system in America. Identify and discuss at least three (3) key U.S Supreme Court cases that have had a significant...
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...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 taken over by a more contemporary court system. Each...
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...undertake and enormous task of creating a new court system for the 53rd state of Puerto Rico. I took the outline from three state court systems of New York, Alaska, and Colorado. I divided the State into 4 equal parts to distribute the courts equally. Puerto Rico court system will consist of Town or village courts, Municipal (County) courts which also have sub courts, Appellate Court and the Highest Court in the State the Supreme Court. Robert Owens once said “Courts of law, and all the paraphernalia and folly of law cannot be found in a rational state of society” “The current Judicial System is directed by the Supreme Court. The Supreme Court is formed by 7 judges (a chief justice and six associate justices) named by the Governor. The structure of the Judicial System includes a Court of Appeals, Superior Court, a District Court (civil & criminal), and Municipal Court. There are 12 judicial districts. The State of Puerto Rico also has a district court comparable to those of the states of US. Each district court has at least one district judge and can have more than a score of district judges, as well as a clerk, a United States Attorney, a United States Marshall, one or more United States Magistrates, bankruptcy judges, probation officers, court reporters, and their staffs. Each state has a court system that is independent of the Federal Court system. State courts have trial courts at the bottom level (village, town) and appellate courts at the top. Some states have two appellate...
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...The U.S. Federal Court system I have chosen the United States Federal Court System as my topic of research. I believe the U.S Federal Court System is paramount to our criminal justice system. Today the Federal Court System is a complex structure of courts and actors working together in an imperfect process to deliver justice. Throughout the years there’s been controversy and debate between the rights of state and federal courts. However, as the dual process evolved they became dependent on each other. Without one or the other, the system will not function properly. The Federal Courts have been a controversial issue since the 18th century. The two landmark decisions that are well known are the Article III of the U.S Constitution and the Judiciary Act of 1789. Weaknesses of the Articles of Confederation in the past was thought to be the absence of a national supreme court to enforce federal law and resolve conflicts and issues between different states. The major issue during the Convention in Philadelphia in 1787 was that there be a separate court system for federal and state. This divided the people into two groups, the Federalists and the Anti-Federalists. The Anti-Federalists were advocates of state’s rights and feared a strong national government that would result in the weakening of individual liberties. The Federalists on the other hand distrusted the states and favored a strong national government. This conflict between the two groups was later resolved at the...
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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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