The Court of Appeals – Essay Sample Paper.
The appeals process includes five steps which occur one after another and rely on the previous step to be completed. The first step requires the person appealing the decision to file a “notice of appeal” within a certain amount of time. The Court of Appeals – Essay Sample Paper. This amount of time depends on the type of case involved and if it is a state matter, relies in which state the trial occurs. The second step also requires the appellant to file information. This time the information filed is the court records from the trial being appealed. The third step involves both the appellant and the opposing side to file briefs with the appellate court. These briefs will summarize the case as well as providing case lists where precedence has been created. The fourth step is the hearing of oral arguments from both sides of the case. The arguments are usually short, “typically (a) half an hour”. Finally, the appellate court will render a decision and accompany that decision with a list of reasons why the decision was made. (476) The Court of Appeals – Essay Sample Paper.
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The appeals process is important because it allows for “checks and balances” within the judicial system. Without the appeals process in place there is no guarantee that true justice is given to the people. It assures due process. (465) The appeals process is also important because every decision that is rendered becomes or is added to a set of legal precedence on the topic at hand. This precedent becomes important for all lower courts also as they must follow precedent from high courts in their jurisdiction. (466)
It is definitely effective in its current state. The Court of Appeals – Essay Sample Paper. The checks and balances that the appeals court provides is a perfect enough oversight to not allow for innocent people to be found guilty but also is strong enough to uphold the laws. It is in this form that citizen’s rights are protected including, as the text mentions, the rights of the minorities. By setting public policy, as these courts do, they are able to make decisions not based solely on what their electorate/majority would want them to do. However, because “
“courts cannot rule broadly” on topics, this could hamstring them in making certain decisions and creating loopholes. (466)
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Part II
There are several factors appellate courts use when deciding on a whether an appeals will be heard or not. The first is whether or not the appellant has standings. Usually it is the defendant of the original case, someone who has vested (life or death) stakes involved, or family members who are considered to have standing. (473-475) Another issue is that of timeliness. At the state level thirty-three states give up to six months to file an appeal in certain cases.(476-478) Additionally, the reason for appeal must have already been raised during the original trial. The Court of Appeals – Essay Sample Paper.This can usually be done by a motion or objection by the defense/prosecution.(478-479) The court also needs to determine the cause of the error. If the error was harmless, or not affecting the ruling, there is no grounds for appeal, however, if the error is reversible, then it must be corrected will new proceedings. (479-481)
The majority of these decision making factors are fair, however, there is justification for some changes regarding the timeliness issue and source of the error issue. “Failure to file an appeal by the proper deadline will cause the appeal to fail regardless of its legal merits.”(476) Although it is understandable that cases not become outlandishly late in their appeal it still does not justify the lack of due process citizens are afforded as rights. The other issue deals with the negligence of counsel. If one attains a lawyer who already believes a person is guilty and/or has no vested interest the defense could become defective. However, as shown in Strickland v. The Court of Appeals – Essay Sample Paper.Washington, 1984, it can be extremely difficult to show that the defectiveness of the lawyer as reversible error. It is here where not all Americans seem to be afforded the same rights but the ones who can afford better service get better service. (479-480) Despite these issues the majority of the appeals process is effective at balancing the rights and protection of the people. The Court of Appeals – Essay Sample Paper.