Appeals Process Papaer Week 9

Appeals Process Papaer Week 9 - Appeals Process Appeals...

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1 Appeals Process Appeals Process Oscar Bishop November 29, 2013 CJS/220 Professor Elizabeth Herbert
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2 Appeals Process The first part of understand the process of appeals is comprehending the design of court system. Within the courts there are actually two different systems. The first is the federal courts and the second is the state courts. Each of these courts has separate jurisdictions but in some cases there are occurrences in which they overlap (US Courts Administrative Staff, n.d.) . The federal court system is the less complicated of the two different court systems. There are three different aspects to the federal court system. The uppermost level is the Supreme Court which has its basis on the Constitution of the United States of America. The bottom tier of this system contains 94 judicial districts and carries the name Federal District Courts (US Courts Administrative Staff, n.d.) . The middle level of the federal court system is the Federal Court of Appeals which is made of 12 regional circuits (US Courts Administrative Staff, n.d.) . The State system of courts is a little more complicated in the fact that each state has its own system which can vary greatly from one state to the next. On the local level state courts may include district court, juvenile court, family court and conciliation court. Above the local level is the State Appeals Court. The top level of court in most states is known as the Supreme Court. In general, an appeal is a petition to a higher court requesting a review of a case that was held in a lower court. In the appeal, the appellant can ask that the Appeals court either dismiss the ruling of the lower court or they can ask that the case be reheard at the higher level. The type of case determines which parties are able to file an appeal. In a criminal case, only the defendant is able to file an appeal (US Courts Administrative Staff, n.d.) . In a criminal case, if the verdict comes back as not guilty; then that decision is considered final and cannot be overturned by an appeal. That would result in what is known as
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3 Appeals Process double jeopardy. In a civil case, either side has the ability to appeal the decision that was
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  • Fall '10
  • z
  • Supreme Court of the United States, Appellate court, appeals court, appeals process

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