Anna Belle Graves
Week 9 Final
March 31 2013
An appeal is a process that assists someone who is being charged with a crime, also known as a defendant. An appeal gives the defendant the opportunity to use a higher court to over-turn a lower court’s decision. ”The appeals process is part of the system of “checks and balances” designed to ensure that defendants have received due process at ear- lier stages of the criminal justice process.” (The Courts in Our Criminal Justice System, Meyer & Grant, Pg. 465) An appeal is also a defendant’s way of challenging the court’s ruling. Appeals only take place after a criminal is found guilty and sentenced, if the appeal is successful the criminal will be released from incarceration and will not have to serve any more time. 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. 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. “Appellate court decisions in one jurisdiction also often serve as a source of guidance to courts in other jurisdictions that are seeking ideas on how to address a particular legal issue.” (The Courts in Our Criminal Justice System, Meyer & Grant, Pg.466) 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. Merely filing an appeal does not automatically mean that a defendant will...
References: Meyer, J. F., & Grant, D. R. (2003). The courts in our criminal justice system. Upper Saddle River, NJ: Prentice Hall.
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