Appeals Process Paper

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Appeals Process Paper Ra’ Keisha Lamar CJS/220 07/12/2015 Nick Burgrabe Appeals Process Paper What is an appeal? An appeal is when a person is convicted of a crime, and they petition the decision by asking for a higher court to reverse the decision that was made by the judge and jury. The lower court will enter the final ruling and judgement into records, and the defendant and his legal team will then go into the next step in attempts to gain a second ruling by filing a notice of appeal. http://dictionary.law.com/Default.aspx?selected=2412 There is no jury, witnesses, or other forms of evidence presented. All facts presented from the trial would be accepted for the final decision, unless there is another finding that happens to be evidence or something else presented that would outweigh the evidence that they have already. An appeal is heard by more than one judge, depending on the jurisdiction they have. Appeals are heard by panels and the full court would then put forth judgement on the grant or denial of a motion for rehearing. http://litigation.findlaw.com/filing-a-lawsuit/appealing-a-court-decision-or-judgment.html How do appeals factor into the overall criminal procedures and processes? Appeals factor into the overall criminal procedures and processes because they can change laws and amendments. When it comes to criminal procedure and processes, there are only certain people allowed to submit appeals and they are; defense attorneys and the prosecution. Let’s think about our Miranda rights, anyone arrested have the right to remain silent, anything you say can be used against you in a court of law, they have the right to an attorney and if they can’t afford one, there would be one appointed to them. This right was made a law when the courts were challenged and lost. How can we improve the appeals process? The appeals process can be
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