Appeals Process
Appeals When an offender and it’s representing counsel feels that the judge made a substantial mistake in their case then the defendant through his representing counsel has the option to appeal the decision. Both sides of the case has the opportunity to appeal (in a civil case) if both feel that the decision made by the judge was a mistake or in most cases the loosing side and in criminal cases only the defendant may appeal the verdict ("The Appeals Process", 2012). An appeal is a formal request that a higher court re-examine the procedure or decision of a lower court, administrative agency, or other body ("What Is An Appeal?”, 1995-2012). As I stated previously, the party that lost or feels that the decision made by the presiding judge was unjust usually makes an appeal. Once the petition is submitted to the court, it can take an average of a year from start to finish for the appeal process. During this time the appellant must gather information to show that the trial court made a legal error that affected the decision in the case. Once the petition reaches the court dockets an appeal hearing is set where a panel of three judges will ask the attorney’s (appellant) involved in the case questions and the appellant will present their legal arguments in writing, then make the decision to either keep the ruling the same or reverse it ("The Appeals Process", 2012).
Factoring into Criminal Process Appeals can factor into the overall criminal procedures and process because it can protect all parties involved from any errors that may have been made during trial. During a trial both parties have the opportunity to object to any errors they feel is were made and since those errors did not get corrected that is what leads to appellate court. Providing substantial evidence is key to presenting a case, without the evidence then the case will not reach the appellate court dockets. Even with all the evidence the judges can still decide to keep the ruling the same
Factoring into Criminal Process Appeals can factor into the overall criminal procedures and process because it can protect all parties involved from any errors that may have been made during trial. During a trial both parties have the opportunity to object to any errors they feel is were made and since those errors did not get corrected that is what leads to appellate court. Providing substantial evidence is key to presenting a case, without the evidence then the case will not reach the appellate court dockets. Even with all the evidence the judges can still decide to keep the ruling the same
References: 1. 'Candy Cane ' Case Appealed to US Supreme Court . (2012). Retrieved from http://www.cbn.com/cbnnews/us/2011/December/Candy-Cane-Case-Appealed-to-US-Supreme-Court-/ 2. What is an Appeal?. (1995-2012). Retrieved from http://law.freeadvice.com/litigation/appeals/appeal_legalese.htm 3. The Appeals Process. (2012). Retrieved from http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/HowCourtsWork/TheAppealsProcess.aspx