“Draft:Criminal Appeals in the United States”的意思、由来-开放百科全书

Appealing Criminal Convictions in the United States:Post Conviction Relief new article content ...

Introduction

When a person accused of committing a crime is convicted and sentenced in the local trial court, he or she may petition a higher state court to review the trial court's judgment. The petition to the higher court is known as an appeal. While each jurisdiction is different, there are often two tiers of appellate courts. The second highest state court is called an appellate court, intermediate appellate court, or court of appeals. The highest court is usually known as the supreme court. The highest state court is also known as a court of last resort. The defendant making the appeal is known as the appellant or petitioner.In the appeal proceedings, the state is referred to as the respondent or appellee.^[1]

To prevail, the appellant must prove that a legal error affecting the outcome of the case occurred in the local trial court. Thus, an appeal can be defined as: a defendant's formal request for a higher court to remedy a legal error committed in the trial court.

If a defendant is acquitted, the State cannot appeal the verdict because of the fifth Amendment's prohibition against double jeopardy. A defendant cannot be tried twice for the same offense. As such, a defendant cannot be prosecuted again if a not guilty verdict is returned. ^[2]

Criminal Court Structure

State Appellate Proceedings:Direct Appeal

History and Purpose

Not a trial

First Appeal as of Right

=Standard of Review

Legal Arguments

For example, suppose State A's rules of evidence prohibit an adverse witness from testifying about uncharged prior conduct ("prior bad acts") because it will prejudice the jury. Defendant A is on trial for burglary, and one of the States' witnesses tells the jury that Defendant A tortures animals and always begs for money. If convicted, the defendant would challenge the conviction on direct appeal by claiming that the trial court erred by admitting the testimony (Direct appeal is not limited to issues of state law or procedure as state courts frequently decide issues which require applying federal laws). After the highest court affirms the conviction or declines to hear the appeal, the conviction is final. The reasoning behind the finality of the conviction is twofold. First, the basis of the conviction stems from a violation of state law(s). Thus, it is within the province of the state's police power to punish offenders for violating its laws. Second, For a punishment to effectively deter individuals from violating the law it has to be final at some point. A prisoner is not helpless however. He or she may petition for a "writ of habeas corpus." Otherwise known as the Great Writ.

Appeal to the Highest State Court

Discretionary Review

Exhausting Appeals

Federal Appeal:Collateral Appeal

Court structure

Writ of Habeas Corpus=

References

1. ^{{cite book|last=Israel,Kamisar,Lafave,King|title=Criminal Procedure and the Constitution|year=2009|publisher=WEST|location=Minnesotta|pages=24-25}}
2. ^{{cite book|last=Israel,Kamisar,Lafave,King|title=Criminal Procedure and the Constitution|year=2009|publisher=WEST|location=Minnesotta|pages=24-25}}
3. ^{{cite web|title=New York Courts|url=http://www.courts.state.ny.us/courts/structure.shtml|accessdate=4/8/11}}
4. ^{{cite web|title=Window on State Government|url=http://www.window.state.tx.us/specialrpt/judicialpay/}}