Appeals Process - 1831 Words

| APPEALS PROCESS | Describing the appeals process | | | 2/12/2012 | Abstract An appeal in the criminal law system is a defendant’s way of challenging the court’s decision. In this paper I will discuss what an appeal is, how it factors into the overall procedures and process of the criminal system. How the appeals process may be improved. Steps in the appeals process and an example case of an appeal. And why the example case appeal did or did not succeed. Introduction A defendant can challenge is conviction by filling an appeal to have the conviction overturned. The first appeal filed in most cases in the Federal System and most State Court systems is an appeal of the Statutory Right. If they lose the appeals under the†¦show more content†¦In 1996, when he was seven weeks old, Etzel Glass died during the night. His mother, Tomeka, had put him to sleep on a sofa in a room with Shirleeree Smith, Etzel’s grandmother. Smith was helping Tomeka raise Etzel and two other children, who were also sleeping in the room with her. There was no indication that she’d been anything but loving toward the kids at any time. When Smith woke up and found Etzel limp, she ran with him to his mother’s room next door, saying she thought he’d fallen off the sofa. At first, the doctors who examined Etzel said he’d died of sudden infant death syndrome—no one’s fault. But the coroner found the cause of death to be shak en-baby syndrome, and prosecutors decided that Shirleeree Smith had done the shaking. This was not a typical shaken-baby case. The standard diagnosis for shaken-baby syndrome includes subdural bleeding, retinal bleeding, and brain swelling. In the cases that are easier to classify, there is also injury to the neck from shaking, or there are fractures, bruises, or cuts. In the harder cases, there are no external signs of injury. Etzel’s case involved only â€Å"minimal† subdural hemorrhaging. There was no retinal bleeding and no brain swelling, and no fractures or abrasions. But yet Shirleeree was found guilty by jury of her peers. So she appealed to the State of California of which refused to review the case. So she turned to the federal courts for her appeal. At this point, the Anti-terrorism and Effective DeathShow MoreRelatedAppeals Process934 Words   |  4 PagesAppeals 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 requestRead MoreAppeals Process1313 Words   |  6 PagesAPPEALS PROCESS KENNETH SPAULDING CJS/220 UNIVERSITY OF PHOENIX MAY 7 2015 APPEALS PROCESS An appeal is a right you usually have after a final decision of a court or government agency.   If you don’t agree with the decision of the court or agency, you can have the decision reviewed by a higher court or agency, and sometimes a court can review an agency’s decision.   Almost all appeals have to be filed in writing.   All appeals have to be filed within a certain time, called the appeal periodRead MoreCriminal Appeal Process1193 Words   |  5 PagesFederal Criminal Appeal Process as a Social Policy The losing party in a judgment by a federal district court, in general has a right to appeal the judgment to the next highest court, which is usually the United States Circuit Court of Appeals. In a federal criminal case, the government may not appeal a not guilty verdict, though they may appeal the sentence imposed on a criminal convict. In a federal criminal case, the defendant may appeal their conviction and the sentence. The party who filesRead MoreThe Criminal Appeal Process And The Adequateness1748 Words   |  7 PagesCriminal Appeal Process and the Adequateness Introduction It is of great importance to discuss the challenges faced by indeterminate sentence prisoners maintaining factual innocence as it forms many questions revolving around the criminal appeals process and the adequacy of procedures as it pertains to the prison system, the Parole Board and the Criminal Case Review Commission (CCRC). I will discuss these issues in light of Stefan Kiszko and a comparison of both Canada s and Australia s appeal systemRead MoreCriminal Process From Arrest Through Sentencing And Appeal1926 Words   |  8 Pages The Criminal Process from Arrest through Sentencing and Appeal Rigoberto Felix Brandman University The Criminal Process from Arrest through Sentencing and Appeal Our society for the most part has a set of written laws by which it operates under. Laws govern our behavior in society and list punishments by which individuals that break them will be prosecuted and sentenced. Our criminal justice system is essential made up of three major intuitions which see a case from the beginning andRead MoreHealth Benefits Appeal Process759 Words   |  3 PagesHealth Benefits Appeal Process Health Benefits Appeal Process Introduction An estimated 249 million private sector insurance claims will have been filed in 2011 (U.S. Department of Treasury, 2010, p. 43343). If the government sector and the market for individual coverage are included, an additional 70 and 62 million claims, respectively, were expected to be filed. Of these, 48.1 million or 12.6% will be denied. Only a small percentage of denied claims are expected to be appealed, approximatelyRead MorePossible Improvements to the Appeals Process882 Words   |  4 PagesAppeals Process Paper The United States system of criminal justice actually goes far beyond the beginnings of American government. The system is based on the English system, and the same is followed by governments around the world. This paper deals with the appeals process, how it fits into the criminal justice system, what can be done to improve the system, and follows an actual case through the US system. What is an Appeal? Basically an appeal is designed to give a litigant a second chanceRead MoreThe Death Penalty Needs a Better Appeals Process1414 Words   |  6 PagesThe Death Penalty Needs a Better Appeals Process Most often the death penalty is used in the United States to punish people that kill children, women or the elderly. The system has been in place for many years, and has evolved from the use of the electric chair and firing squads to the current method, the use of lethal injection. The most common reason innocent people are put to death is because of poor representation; in many cases, inmates get a court appointed lawyer and receive the ultimateRead MoreCjs/220 Week 9 Final Essay818 Words   |  4 PagesCJS/220 An appeal is a process that assists someone who is being charged with a crime, also known as a defendant. An appeal gives the defendant the opportunity to use a higher court to over-turn a lower court’s decision. †The appeals process is part of the system of â€Å"checks and balances† designed to ensure that defendants have received due process at ear- lier stages of the criminal justice process.† (The Courts in Our Criminal Justice System, Meyer amp; Grant, Pg. 465) An appeal is also a defendant’sRead MoreRecovery Audit Contractor Program Essay examples1194 Words   |  5 Pageshappen if it is discovered by RAC that health care organization may be committing fraud? Is there an appeal process?...........................................................................................................................................................4 What could happen if it is discovered by RAC that health care organization may be committing fraud? Is there an appeal process?....................................................................................................