Cjs/220 Appeal Process
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Appeals Process
By: Marissa Harris
CJS/220
An appeal is “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 judgement was incorrect.” (Merriam-Webster, 1996) In my personal opinion that is a form of control upon sentencing process that provides an individual to protect their legal rights after a trial has occurred and come to completion. For most cases, legal representation of a defense attorney will pursue post-sentencing options for appeal. Also, it should be noted that “appeals are made on basis of the matters of the law, not fact. Furthermore what this means is that the legal basis for an appeal must be claim that the law was misapplied, either procedurally or substantively. Appeals can’t be made on the basis of disputes about the facts of the case, or dislike for the outcome of the case. For instance, if you are convicted of a crime, you generally can’t appeal solely because you yourself believe you are innocent.” (Meyer and Grant, 2003)
Appeals have three primary types. You have direct appeals that are used for serious cases where the sentence includes length imprisonment or a life sentence. Then you have Discretionary appeals that are used in cases where there was either specific mistake during a trial, or the facts of the case might be in question. Last you have interlocutory appeals which are used during a trail to either influence or delay the process in order to provide additional information that is relative to the case to be introduced.
Appeal process is so vital to the general procedure because it provides a venue for citizens to protect their rights. Also, appeals process abides by the principles upon which our government is based, that of checks balance. “The appeals process is part of the system of “checks and balances” designed to ensure that defendants have received due process at earlier stages of the...
By: Marissa Harris
CJS/220
An appeal is “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 judgement was incorrect.” (Merriam-Webster, 1996) In my personal opinion that is a form of control upon sentencing process that provides an individual to protect their legal rights after a trial has occurred and come to completion. For most cases, legal representation of a defense attorney will pursue post-sentencing options for appeal. Also, it should be noted that “appeals are made on basis of the matters of the law, not fact. Furthermore what this means is that the legal basis for an appeal must be claim that the law was misapplied, either procedurally or substantively. Appeals can’t be made on the basis of disputes about the facts of the case, or dislike for the outcome of the case. For instance, if you are convicted of a crime, you generally can’t appeal solely because you yourself believe you are innocent.” (Meyer and Grant, 2003)
Appeals have three primary types. You have direct appeals that are used for serious cases where the sentence includes length imprisonment or a life sentence. Then you have Discretionary appeals that are used in cases where there was either specific mistake during a trial, or the facts of the case might be in question. Last you have interlocutory appeals which are used during a trail to either influence or delay the process in order to provide additional information that is relative to the case to be introduced.
Appeal process is so vital to the general procedure because it provides a venue for citizens to protect their rights. Also, appeals process abides by the principles upon which our government is based, that of checks balance. “The appeals process is part of the system of “checks and balances” designed to ensure that defendants have received due process at earlier stages of the...