Cjs/220 Appendix D

Cjs/220 Appendix D

CJSAppeals

Part 1 : Describe the five steps in the appeals process. Why is this process important? Do you think it’s effective in it’s current state? Explain your answers.

Answer:  

Step 1-The Appellant files an opening brief.

Step 2-The Respondent being brought before the appellate court files a response brief or answer brief with full details.

Step 3 -The Appellant counters the Respondent by filing a final brief called the "Reply brief" which can't exceed 14K words explaining his/her position and countering the Respondent's brief and presenting new arguments to support the appeal motion.

Step 4- The Court of Appeal listens to both sides verbally argue their strongest positions before the court.

Step 5 -The Court of Appeal renders its decision in the case in a written opinion.

The appeals process is important because it allows both parties to present their strongest legal arguments to determine whether the first verdict should be overturned or remain on file as the final judgment to remain on record. I do believe it is effective in it’s current state. It provides neutrality on the matter and also provides fairness to both parties.

Part 2:   What are the deciding factors for an appeal to be heard? Do you think these factors are appropriate and fair? Why or why not? Explain your answers.

In criminal cases, both prosecution and defense can appeal a court’s decision on various motions. An appeal typically asserts than an error occurred in the trial judge’s interpretation of the law, or in the conduct of the trial proceedings. For example, the defense may argue in appeal that the judge improperly overruled a defense objection to the prosecutors cross examination.

An appeal will be heard if any of the following has occurred:
The assertion that a violation of a statute or constitutional provision has occurred. Depending on this, the legal issue is said to have arisen in a “statutory” or “constitutional” context. In...