Appeals Process Essay

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Appeals Process Eric J. Wickboldt Cjs/220 February 26th, 2012 Ronald Ramsey Appeals Process Appeals Process The criminal justice system employs a number of processes that must be completed before an accused individual can be convicted of a crime. Once the trial is over and the accused individual has been convicted and the sentenced, the appeals process begins. An appeal can be described as a process that allows an individual who has been convicted of a crime to petition a higher court (court of appeals or appellant court), to have his or her case be reviewed for material errors or misapplications of law. The expectation for the convicted individual is to possibly have their conviction overturned. The textbook for the class defines and appeal as “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”). There are generally three types of appeals in the appeal process. First, there is the direct appeal, which is filed with the next higher court in the trial courts jurisdiction. The appellant court, in this situation, has will review the case and either agree or disagree with the trial court’s decision. Facts of the case are not disputed, only matters of law. For example, a direct appeal can be filed because a judge failed to enter significant evidence that may even exonerate the defendant of the charges. The next type of appeal is called a collateral appeal. In this type of appeal, the appellant can petition the appeals court to rectify possible material errors in the case that were not corrected under direct review. The final type of appeal in the process is a Writ of Habeas Corpus. In this type of appeal an appellant can request to go before a judge to determine if the government has a

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