CheckPoint - Trial and Appellate Courts

CheckPoint - Trial and Appellate Courts - appropriate legal...

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Trial and Appellate Courts 1 CheckPoint: Trial and Appellate Courts CJS / 220
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Trial and Appellate Courts 2 A system of “checks and balances” from a trial decision are normally what constitute an appeal. Trial courts base the decision on the facts presented in a case whereas appellate courts determine whether or not the defendant received due process. Trial court decisions only affect the particular parties involved in a case. Appellate court rulings establish a precedent that will affect lower courts decisions on similar cases. An appeal can only take place after a final decision is made by a trial court and the appellate court can only consider issues from cases brought before them. “The issue for the appellate court is whether the law was properly applied to the facts in the case as they are described in the trial court records.” (The Courts in Our Criminal Justice System, 2003, p. 473). Although the defense can always appeal a conviction based on
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Unformatted text preview: appropriate legal issues, the prosecution cannot appeal an acquittal. Another contributing factor for an appeal is that issues must have been raised in the original trial. Functions, roles, and outcomes of appellate courts are very different from trial courts. The function of a trial court is to make a legal decision to a particular case and the function of an appellate court is to determine whether or not a trial court proceeded in the appropriate legal manner. Although the prosecution has the burden of proof in a trial court, the appellant has the burden of providing the legal worthiness of the appeal. Trial court outcomes are strictly relevant as to the particular case but appellate courts decisions create precedent that will continue throughout other courts. Trial and Appellate Courts 3 Reference The Courts in Our Criminal Justice System. (2003). Chapter 15: Appeals. Pearson Education, Inc....
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This note was uploaded on 11/19/2011 for the course CRIM JUSTI CJS 230 taught by Professor None during the Winter '11 term at University of Phoenix.

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CheckPoint - Trial and Appellate Courts - appropriate legal...

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