The Appeal Process Essay

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The appeal process Malinda Martin CJS/220 June 24, 2012 Harvey Smith The appeal process An appeal is defined a legal proceeding by which a case is brought before a higher court to review the decision by a lower court for the purpose of convincing the higher court that the lower court’s judgment was incorrect (Merriam-Webster Dictionary, 2012). The appeal process is similar to a “checks and balances” to ensure defendants have received the correct procedures of due process throughout the criminal justice process (Meyer & Grant, 2003). Appeals can only be made on the basis of matters of law and not fact, which means that the law must have been misapplied to the case and not on the dispute of facts of the case. Appeals can only take place after the defendant has been convicted of a crime and appeals must follow a certain process to be reviewed. First, courts are grouped as a hierarchy, which defines each court’s jurisdiction in relation to other courts. The appellate process must follow the established hierarchy process in sequence and cannot jump levels. State court appeals are taken to the state appellate court and are only applicable within that state and not others. Decisions held in federal courts also apply to state court decisions and the highest appellate court is the U.S. Supreme Court. U.S. Supreme Court considers cases involved with constitutional issues or matter involving federal laws. It does not review legal issues that concern only state constitutions or statues (Meyer & Grant, 2003). Before the correct appellate court will approve a review, there are steps that must be taken to grant approval. There are important steps which must be taken to have an appeal approved to be reviewed by the appellate court. First, the appellant or person bringing the appeal must possess standing. Standing is the ability of a party to bring a lawsuit to

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