Submitted by Anonymous on 12/31/1999 10:00 PM Flag This Paper
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America is a place, where democracy is served to every U.S. citizen. The appeal process is one of the many examples that verify America’s democracy. The procedure of appealing is a very complex one; which concerns interpretation, circumstances, and morals/ethics of the one convicted.
The appeal process is a very significant part of the justice system. It insures that a citizen receives a just decision. If the accused doesn’t receive a fair trial, they have the security in knowing that they have the right to an appeal. It is very common through out history for a citizen to be denied a fair trail, such as Clarence Earl Gideon. Gideon was convicted of breaking and entering with petty larceny in1961. He requested council from the judge and he was denied. Gideon was sentenced to the maximum punishment of five years in a state penitentiary, charged with a felony. He then wrote a Writ of Certiorari, which is an official statement to the Supreme Court for an appeal. This is obvious of an unconstitutional situation.
The circumstances of an appeal are a very substantial part of the process. The circumstances can determine whether a convicted person will receive another trial, an appeal. In Gideon’s trial, he received an unfair access to witnesses that could have been a key objective in his prosecution stance. Gideon also wasn’t familiar with the court procedures and was unaware of the trial process. Another circumstance that concluded his right for an appeal, was his incapability to cross-examine himself on the stand, in other words, ask himself questions. Clarence Earl Gideon was also incompetent to his right of Voir Dire. He was unknowing of his right to ask the jury questions that may have had an impact on his trial. Clarence was a man with a limited education, and uninformed of his right to preemptory challenge. He was uninformed of his allowance to dismiss a juror up to fifteen times with out having to explain his reasons to the judge, no apparent...