CJS 220 Week 9 Final Project Appeals Process Paper

CJS 220 Week 9 Final Project Appeals Process Paper

Write a 700-to 1,050-word paper in which you describe the appeals process. Address the following:

1. ·         What is an appeal?
2. ·         How do appeals factor into the overall criminal procedures and processes?
3. ·         How can we improve the appeals process?

Include at least one example of a real-world case that went through the appeals process.

Explain why this appeal did or did not succeed.

Format your paper and resource consistent with APA guidelines.

Sample Answer

To understand the appeal process, it is necessary to understand how the U.S. court system is structured. It is divided into two separate systems, the federal courts and the state courts. The two systems each have certain types of cases over which they have jurisdiction, and there is some overlap. The federal court system hears a wide variety of cases such as certain criminal cases, conflicts between parties from different states, national matters, and certain appeals. (The Appeals Process, 2009) Each state has its own court system, set up with a hierarchy from some form of “lower courts” all the way to the highest court of the state. Though very similar, no two states have an identical system, nor do the states have the exact same name for these various levels in their court systems. The lower levels of each of the state courts are the local courts that are the commonly known and used courts. These are the ones that people have to deal with in a small claims case, a divorce, a criminal matter, and much more. They can include but are not limited to: magistrate courts, police court, district court, and family courts. They hear such things civil suits, divorces, and criminal cases. This is the level where the trials usually take place, both jury trials and “bench” trials with a judge as the fact finder (the one who decides the outcome). On the next level of hierarchy, each state has at least one higher court, sometimes several levels of higher courts, usually called Appeals Courts, or Supreme Courts. The federal court system, however, is somewhat less complex in its structure. The Constitution set up the Supreme Court and the inferior Courts (lower federal courts). Going along with this wording, the federal courts are set up on three main levels. At the lowest or trial level are the federal district courts which are divided into 92 districts and every state has at least one court, but sometimes more than that. These courts can hear most types of federal cases, including Constitutional matters, federal law violations, cases where a state is a party, and others. The next level up in the federal system is the United States Courts of Appeals. There are 11 judicial circuits, which is what these courts are called—Federal Circuit Courts. They have jurisdiction over certain cases and take appeals that might come up from the federal district (lower) courts. The highest court in the federal system is, of course, the Supreme Court of the United States. This Court is in Washington D.C. and is the ultimate “word” in the judicial system in the country…………………………………………………..