Appeals Process Paper

1074 WordsNov 13, 20125 Pages
Appeals Process Paper Renaye Walker CJS/220 July 8, 2012 Lacey Martz Appeals Process Paper An appeal is a "proceeding in which a case is brought before a higher court for a review of a lower court's judgment"(www.criminaljustice.org). By this, it is basically meant that a process takes place because the defendant and their attorney feel as though the verdict that was given was inaccurate, which was due to something that may have happened during the trial or during the arrest. Appeals take place to make sure that the person accused have a fair trial and none of their rights were violated in any way. An appeal in the criminal justice system is a way of the defendant challenging the court's decision. The defendant can challenge his/her conviction by filing an appeal to have the conviction overturned. Appeals are a critical means for pursuing specific legal goals in individual cases (The courts in our criminal justice system). However, appeals are also important because they are one of the principal avenues by which legal issues in a particular are of law are shaped. The principle of stare decisis means that precedent is highly respected in the law, but at the same time legal, societal, and technological changes bring new issues before the courts (The courts in our criminal justice system). As the materials state in the text, an appellate court can help an area decide on how to address certain issue. Depending on whether the appeal is filed in state or federal court, and the particular practices of the jurisdiction in which the appeal is filed, there will be variation in the amount of time allowed for each step, and the exact procedures the defense must take to complete each step (The courts in our criminal justice system). This is one of the advantages because the appellate court judges can make decisions without having to worry about what society will
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