Appeals Process Research Paper

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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"( 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…show more content…
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 think and if they will get re-elected. An appellate court goes through cases with the understanding of what has taken place during the arrest, and to see if the law was upheld. The appeal process starts right after the trial, this is when the defense must submit an appeal to the court ( The steps of an appeal are: The appellant files a notice of appeal within the specified time after the conviction. * The appellant files the trial court record (e.g., the transcripts) and supporting documents with the appellate court. *The appellate and appellee each file briefs, which will outline the basic facts of the case, the argument being made by the party filing the brief, and list cases serving as supporting precedents. *In most courts, the judges will hear short oral arguments from the parties in the case. Typically, each side is give 30 minutes to present its case. * The final step is when the…show more content…
An example of this would be the Miranda rights, which was brought about after someone decided to challenge the court, so now we have a law. Citizens were also given the rights to have an attorney present because of poor appellate court systems ( The people who are allowed to submit an appeal are the prosecutor and defense attorneys, pertaining to a criminal case. Defendants are allowed to appeal a conviction, but States are not allowed to appeal a "not guilty" verdict ( The Supreme Court must agree to hear the defendant's case. The defendant must keep in mind that an appeals court is not automatically required to review a case. Merely filing an appeal does not automatically mean that a defendant will find it easy to have the court decision overturned. It is imperative that the defendant shows the court in the appeals process that the initial decision was incorrect or flawed in some kind of way. This can be done by proving that the previous decision was made in error, or by presenting new evidence that was not presented in the initial

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