Appeals Process

Title: Appeals Process Submitted by: Travis Hance Course: CJS220 Instructor: Stephen Gillespie

Appeals Process What is an appeal? An appeal is a proceeding in which a case is brought before a higher court for

review of a lower courts judgment for the purpose of convincing the higher court that the lower courts judgment was incorrect (Merriam-Webster, 1996). It is in my opinion a form of control upon the sentencing process that allows an individual to protect their legal rights after a trial has come to initial completion. In most cases, legal representation in the form of a defense attorney will pursue post-sentencing options for appeal. In addition it should be noted that appeals are made on the basis of matters of law, not fact. What this means is that the legal basis for an appeal must be a claim that the law was misapplied, either substantively or procedurally. An appeal cannot be made on the basis of disputes about the facts of the case, or dislike for the outcome of the case. For example, if you are convicted of a crime, you generally cannot appeal solely because you believe you are innocent. (Meyer and Grant, 2003). There are three primary types of appeals. Direct appeals are used for serious cases where the sentence includes lengthy imprisonment or a life sentence. Discretionary appeals are used in cases where there were either specific mistakes during the trial, or the facts of the case might be in question. Interlocutory appeals are used during a trial to either influence or delay the process in order for additional information that is relative to the case to be introduced.

How do appeals factor into the overall criminal procedures and processes?

Appeals Process The appeals process is vital to the overall procedure in that it provides a venue for citizens to protect their rights. The appeals process abides by the principles upon which our government is based, that of checks and balances.

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 criminal justice process. Thus, appeals are a critical means for pursuing specific legal goals in individual cases (Meyer and Grant, 2003). By ensuring that a process for review of decisions made within local courts exists, citizens can feel confident that the sentences passed are just. In addition, as each state courts decisions could ultimately be reviewed by the federal court system, citizens can feel confident that the local criminal justice system is less likely to be influenced by opinion. The power of appellate courts to review the decisions of government officials in the legislature, the executive branch, and lower courts is the power of judicial review. This power allows the U.S. Supreme Court and the supreme courts of each state to review legislation, court decisions, and executive acts that are challenged in court to determine their constitutionality. (Meyer and Grant, 2003). While in the vast majority of cases, the federal and state court systems have a parallel structure to address issues of federal and state law, respectively, state criminal courts are generally autonomous with respect to matters of state law in certain instances a case might become eligible for review and appeal at the federal level. (Meyer and Grant, 2003) This happens most often when a question of a defendants constitutional right has arisen. These cases are

Appeals Process extremely important, as they set legal precedents for future defendants and citizens alike.

How can we improve the appeals process? I feel that as the American form of government continues to be improved over time, through the input of we the people, both the criminal justice system and the appeals process will continue to evolve and become better. The advent of new technologies in evidence and information collection will no doubt continue to improve the process. Such technologies can assist judges, jurors, and court agents responsible for sentencing to make more informed decisions. Technology can reduce case load upon the courts by providing better, verifiable information that can either avoid or lessen a sentence, or stop the appeals process in place. While the option for appeal must always be maintained, I believe that better information can improve the process as a whole, and potentially streamline the appeals process itself.

Include at least one example of a real-world case that went through the appeals process. In 1984, Calvin Burdine was tried for the murder of his former roommate. Because the killing occurred during the course of a robbery, the prosecutor filed capital murder charges, and Burdine faced the possibility of a death sentence if

Appeals Process

his jury convicted him. (Meyer and Grant, 2003). In my opinion this trial presents both the problematic complexities of the appeals process, as well as the absolute vitality of its existence within the criminal justice system. Although the defendant was faced with a serious charge, and was admittedly involved in a felony that resulted in a death, the process worked in his favor to ensure that he received a fair trial.

Explain why this appeal did or did not succeed. In my opinion, in this case the appeals system worked. Although the process was lengthy, the various levels of courts which examined the trial and subsequent sentencing of Mr. Burdine ultimately decided that even with Mr. Burdines admission of guilt or partial guilt, that his right to a fair and impartial trial could not have been properly represented by legal counsel who was not fully aware of all the trial proceedings. Mr. Burdines new, and more alert counsel Robert McGlasson II, submitted a relatively rare type of appellate petition asking for further review of the case by the Fifth Circuit Court en banc (that is, a rehearing in front of the full panel of Fifth circuit judges). Burdines appeal was supported, but Texas prosecutors appealed to the U.S. Supreme Court. In June, 2003, the Justices issued a ruling that allows Burdine to have a new trial. (Egelko, 2002). This case is a fine example of how a democratic system must continue to protect both the innocent and the guilty, and in my opinion is therefore a success.

Appeals Process References A. Merriam-Websters Dictionary of Law. (1996).

B. The Courts in Our Criminal Justice System, by Jona F. Meyer and Diana R. Grant. Published by Prentice-Hall. Copyright 2003 by Pearson Education, Inc., Page 473

C. The Courts in Our Criminal Justice System, by Jona F. Meyer and Diana R. Grant. Published by Prentice-Hall. Copyright 2003 by Pearson Education, Inc., Page 465

D. The Courts in Our Criminal Justice System, by Jona F. Meyer and Diana R. Grant. Published by Prentice-Hall. Copyright 2003 by Pearson Education, Inc., Page 470

E. The Courts in Our Criminal Justice System, by Jona F. Meyer and Diana R. Grant. Published by Prentice-Hall. Copyright 2003 by Pearson Education, Inc., Page 472

Appeals Process F. The Courts in Our Criminal Justice System, by Jona F. Meyer and Diana R. Grant. Published by Prentice-Hall. Copyright 2003 by Pearson Education, Inc., Page 480

G. Egelko, B. (2002, June 4). Man with sleepy lawyer can have a new trial. San Francisco Chronicle, p. A1.