Appeals Process Criminal Justice
Final Project: Appeals Process Paper University name here
Your name here
CJS/220
09/99/2012
Instructors name here
What is an appeal?
An appeal is a process which assists defendants from wrongful incarceration, (What are Appeal Courts for? 2004). An Appeal if successful allows the higher court to over-turn a lower court’s decision. An appeal is also a defendant’s way of challenging the court’s decision. In the Criminal Justice system, an appeal takes place when an offender “tried in court”, is found guilty, later sentenced or someone who is already convicted and incarcerated may be released from incarceration or a sentence vacated if the prison term has not commenced with a successful appeal. A sentence can be vacated via an appeal, or reduced even after the sentence has begun. In Federal court, the attorney or offender files a brief(s) in support of their motion 2255 to vacate the sentence. In Europe, they follow a different standard as follows: But it is as well to remember, for example, that while article 6 of the European Convention on Human Rights,agreed in November 1950, guarantees you a fair trial, it does not guarantee you a right to appeal against the outcome of that trial. The right of appeal is to be found in article 2 of the Seventh Protocol to the Convention which was only agreed so 34 years later, in November 1984. So, even in the legal thinking of the modern world, appeals are something of an additional luxury, (What are Appeal Courts for?, 2004).
The following are permissible grounds for appeal. (a) The Commission relied on erroneous information, and the actual facts justify a different decision. (b) There was significant information in existence but not known to me at the time of the hearing, and a different decision would have resulted if the information had been presented. (c) The Commission made a procedural error in my case, and a different
Your name here
CJS/220
09/99/2012
Instructors name here
What is an appeal?
An appeal is a process which assists defendants from wrongful incarceration, (What are Appeal Courts for? 2004). An Appeal if successful allows the higher court to over-turn a lower court’s decision. An appeal is also a defendant’s way of challenging the court’s decision. In the Criminal Justice system, an appeal takes place when an offender “tried in court”, is found guilty, later sentenced or someone who is already convicted and incarcerated may be released from incarceration or a sentence vacated if the prison term has not commenced with a successful appeal. A sentence can be vacated via an appeal, or reduced even after the sentence has begun. In Federal court, the attorney or offender files a brief(s) in support of their motion 2255 to vacate the sentence. In Europe, they follow a different standard as follows: But it is as well to remember, for example, that while article 6 of the European Convention on Human Rights,agreed in November 1950, guarantees you a fair trial, it does not guarantee you a right to appeal against the outcome of that trial. The right of appeal is to be found in article 2 of the Seventh Protocol to the Convention which was only agreed so 34 years later, in November 1984. So, even in the legal thinking of the modern world, appeals are something of an additional luxury, (What are Appeal Courts for?, 2004).
The following are permissible grounds for appeal. (a) The Commission relied on erroneous information, and the actual facts justify a different decision. (b) There was significant information in existence but not known to me at the time of the hearing, and a different decision would have resulted if the information had been presented. (c) The Commission made a procedural error in my case, and a different
References: ABC News 20/20 (2011) Retrieved from: http://abcnews.go.com/US/amanda-knox-trial-italian-murder-case/story?id=14576338#.T-c1V7V5GSo Church discipline (2010), Amanda Knox, retrieved from: http://church-discipline.blogspot.com/2010/12/amanda-knox.html Meyer, J. F., & Grant, D. R. (2003). The courts in our criminal justice system. Upper Saddle River, NJ: Prentice Hall. Mulherin (2012). Criminal Justice: What Are Intermediate Sanctions. Retrieved from: http://criminal-law.knoji.com/criminal-justice-what-are-intermediate-sanctions/ Valdosta daily times staff writer (2011) What we think, governor cannot stay an execution, Retrieved from: http://valdostadailytimes.com/opinion/x221223438/What-We-Think-Governor-cannot-stay-execution Walker (2012), Amanda Knox, retrieved from: http://www.dailyrecord.co.uk/news/uk-world-news/2012/06/17/cleared-convict-amanda-knox-plans-la-capanne-jail-visit-86908-23897184/ What are Appeal Courts for?. (2004). Otago Law Review, 10(4), 517-536.