Tuesday, August 13, 2019
Appeal Process Essay Example | Topics and Well Written Essays - 500 words
Appeal Process - Essay Example er of cases although some may require to be heard by separate appellate committees such as the appellate committee of bankrupt judges (Lawfirms.com, n.d.). A litigant wishing to appeal does it only on paper, and at the appeal, level there is no actual trial. The litigant will have to write down a brief explaining how the court erred in his sentencing, or how their constitutional rights may have been violated in the trail. The federal or state cause trying this case will review the brief and determine based on the submitted evidence if it is a legitimate cause for a retrial. In some cases, the appeal courts will require having an oral argument by the lawyers; this does not involve submission of any new evidence (Lawfirms.com, n.d.). While the appellate court has the legal mandate to review any facts pertaining to the trial, the review process is based on what was on record on the court. It can review the facts of the case, but cannot overturn decisions on factual grounds without categorical evidence of erroneous decisions. Court decisions are not infallible since they are made by humans who are fallible and as such, it is crucial that people are given as the benefit of doubt for as long as possible and all loose ends tied up, this can only be achieved by an improved appeal process. Appeals are often long and tiresome processes, which have an incredible toll on the plaintiff and their families; one of the main causes for this is the shortage of appeal court judges. For an appeal to go through it must be heard by a panel of judges, and this is difficult if there are not enough to go round, another way of simplifying the appeal would be to make it possible for non-lawyers to appeal cases when they are not able to afford and attorney. This could be made possible by simplifying the legal and other requirements needed in the cause of pursuing the appeal. Antony William was arrested and arraigned in for the murder of a ten-year-old girl, while being transported to
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.