The Appeals Process Stage of a Criminal Case

Anyone convicted of a crime has the right to appeal that conviction if they believe a legal error has occurred. If you have been convicted of a crime and plan to appeal, you are no longer known as the defendant, you are now the appellant in the case. In criminal cases, an appeal asks a higher court to look at the record of the trial proceedings to determine if a legal error occurred that may have affected the outcome of the trial or the sentence imposed by the judge. Appealing Legal Errors An appeal rarely challenges the decision of the jury, but rather challenges any legal errors that the judge or the prosecution may have made during the trial. Any ruling that the judge made during the preliminary hearing, during pre-trial motions and during the trial itself can be appealed if the appellant believes the ruling was in error. For example, if your lawyer made a pre-trial motion challenging the legality of the search of your car and the judge ruled that the police did not need a search warrant, that ruling can be appealed because it allowed evidence to be seen by the jury that would not have otherwise seen. Notice of Appeal Your attorney will have plenty of time to prepare your formal appeal, but in most states, you have a limited time to announce your intention to appeal your conviction or sentence. In some states, you have only 10 days to decide if there are issues that can be appealed. Your notice of appeal will need to include the exact issue or issues upon which you are basing your appeal. Many appeals have been rejected by higher courts simply because the appellant waited too long to raise the issue. Records and Writs When you appeal your case, the appellate court will receive the record of the criminal trial and all rulings leading up to the trial. Your attorney will file a written brief outlining why you believe your conviction was affected by legal error. The prosecution likewise will file a written brief telling the appellate court why it believes the ruling was legal and appropriate. Usually, after the prosecution files its brief, the appellant can file a follow-up brief in rebuttal. The Next Highest Court Although it does happen, the attorney who handled your criminal trial will probably not handle your appeal. Appeals are usually handled by lawyers who have experience with the appeals process and working with higher courts. Although the appeals process varies from state to state, the process generally starts with the next highest court in the system - state or federal - in which the trial was held. In most cases, this is the state appellate. The party that loses at the appeals court  can apply to the next highest court, usually the state supreme court. If the issues involved in the appeal are constitutional, the case can then be appealed to the federal district appeals court and eventually to the U.S. Supreme Court. Direct Appeals/Automatic Appeals Anyone who is sentenced to death is automatically given a direct appeal. Depending on the state, the appeal may be mandatory or dependent on the defendants choice. Direct appeals always go to the highest court in the state. In federal cases, the direct appeal goes to the federal courts.A panel of judges decides on the outcome of direct appeals. The judges then can either affirm the conviction and sentence, reverse the conviction, or reverse the death sentence.  The losing side can then  petition for a writ of certiorari with the U.S. Supreme Court.   Appeals Rarely Successful Very few criminal trial appeals are successful. Thats why when a criminal appeal is granted, it makes headlines in the media because it is rare. In order for a conviction or a sentence to be overturned, the appeals court not only must find that an error occurred, but also that the error was clear and serious enough to affect the outcome of the trial. A criminal conviction can be appealed on the basis that the strength of the evidence presented a trial did not support the verdict. This type of appeal is significantly more expensive and much more lengthy than a legal error appeal and even more rarely successful.

In Philosophy, There Are Going To Be Some Agreements And

In philosophy, there are going to be some agreements and disagreements among philosopher’s, but the most compelling of them all is Descartes’ and Spinoza’s take in regards to mind and body, and God and free will, God existence. I will compare and contrast Descartes’ and Spinoza’s perspectives on the relationship between mind and body, and God and free will. Maria, there is no fast way to explain all of this as this takes time, so please brace yourself as I hope to provide you with a better understanding of the agreements/similarities and disagreements/differences between the two philosophers’. Similarities Descartes and Spinoza do relate with one another in some instances but they have very few similarities between making the connection†¦show more content†¦For me what seems to us to, cause us to act, our desire, does, on my view, do just that. If I am asked for the proximate cause of my action in picking up my coffee cup, for example, I will respond that it was my desire for the coffee. In identifying the cause of human action, striving, with conscious desire, then, (III p9s) vindicates common sense to a degree. Had I identified desire with something other than striving, then I would have committed himself to the view that my desire does not in fact cause me to pick up the cup. Desire for me, in its narrow definition at, is both psychological and physical, and in its broader definition at, Definitions of the Affects I, it may be either. So, this example, perhaps despite appearances, need not conflict with me, denial of mind-body interaction.) I am one of character someone who believes that the idea of oneself as an internal cause becomes an important part of my ethical theory, a species of which is even blessedness, the highest form of human happiness. I said â€Å"Human beings, as finite modes, cannot on my view avoid affecting and being affected by external objects.† Nevertheless, I emphasis on self-esteem and, in his ethical theory, on self-knowledge suggests that to the extent we can bring about effects, including our own emotions, as whole or adequateShow MoreRelatedEssay about The Central American Free Trade Agreement1178 Words   |  5 PagesThe Central American Free Trade Agreement CAFTA is a proposed international free trade agreement between the United States and numerous countries within Central America. Some of the nations who could potentially participate in this treaty are Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua. This proposed agreement stems primarily from the fact the United States relies on Central America as a primary export market. 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Apa Style Example free essay sample

Stem Cell Research Legislation For some time now, stem cell research has been a major issue when it comes to ethics. â€Å"Ethics, science and religion became further intertwined with politics in the 1990’s, increasing the battles among congress, administrations, and other agencies† (Scott, 2006, p. 153). Stem cell research is probably one of the most important scientific advancements in the past one hundred years. Stem Cell research began in the 1800’s, with the discovery that some cells could actually generate other cells. In the early 1900’s the first actual stem cells were discovered when they found that some cells can generate blood cells. The history of stem cell research actually includes research done with both animal and human stem cells. A well known experiment with stem cell research had been bone marrow transplants using adult stem cells. In the early 1900’s doctors administered bone marrow by mouth to patients with anemia and leukemia, this therapy was proven to be unsuccessful; this was discovered because they found through lab experiments with mice that defective marrow could be restored to health with infusions into the bloodstream of marrow taken from other mice. We will write a custom essay sample on Apa Style Example or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This brought forward the idea whether it was feasible to transplant bone marrow from one human to another, which is now known as allogeneic transplant. In the late 1950’s Jean Dausset was able to identify the first of many human histocompatibility antigens, these are proteins that are found on the surface of most cells in the body, and they are called leukocyte antigens (HLA antigens). It wasn’t until the 1960’s that doctors knew enough information about HLA antigens to actually successfully perform transplants between siblings who were not identical twins, and in 1978 a team of doctors performed the first unrelated bone marrow transplant. It took all of seven transplants to succeed, and in 1984 Congress actually passed the National Organ Transplant Act. In the 1990’s with the help of bone marrow, adult stem cells have shown great promise in other areas to. Stem cells have shown potential to form so many different kinds of cell types and tissues, that these cells could be used in repairing organs destroyed by diseases. In 1998, James Thompson actually isolated cells from the inner cell mass of early embryos, and he was able to actually develop the first embryonic stem cell lines. Also in 1998, John Gearhart derived gem cells from cells in fetal gonadal tissue. Because of these two individuals research, pluripontent stem cell â€Å"lines† were able to be developed from them. Currently the ethical concern over this type of stem cell research has to do with the November 2004 election, where California had a Stem Cell Research Funding authorization initiative on the ballot. The Stem Cell Research Funding authorization passed, it was a sixty percent to forty percent margin. This established the â€Å"California Institute for Regenerative Medicine† to be able to regulate stem cell research and the facilities performing the research. This also authorizes payments of general obligation bonds to be able to finance institute activities up to at least $3billion which is subject to an annual limit of $350 million. (Unknown, 2010) Politically, stem cell issue is something that the Democratic Party usually supports in funding which in the 2004 Democratic platform, this was supported. The Republican Party remains divided on this issue because it ties in with the abortion issue. There has not yet been a vote, though there are sixty senators which of that thirteen of those senators are Republican, these individuals signed a letter urging President Bush to support the federal funding for using embryos from in vitro clinics for this type of research. In July of 2001, the House sadly rejected a Democratic proposal that would be able to permit the cloning of embryos solely for medical research purposes and instead they passed legislation which banned all such cloning. So far, the Senate has not done anything to act on this legislation. (News Batch, 2008) Bush in 2006, stood by what he believed on stem cell research and vetoed a bill passed by the Senate that was capable of expanding federal funding of embryonic stem cell research. As of right now, American federal funding can only research on stem cells from already destroyed embryos. However, in March of 2009 President Obama overturned Bush’s ruling, and allowed US Federal funding to go to embryonic stem cell research, given the NIH policies on data sharing must be fallowed. The promise of human benefit from stem cell research is significant, carrying great potential benefit to infertile couples, families with genetic conditions, and individuals and families in need of effective therapies for a variety of diseases. Human and Human Services (HHS) stated, â€Å"the human embryo is entitled to profound respect, but this respect does not necessarily encompass the full legal and moral rights attributed to humans. † A member of the National Institutes of Health applied for funds to transplant fetal cells from carefully chosen abortions into Parkinson’s patients, but in 1987 the HHS rejected the request and banned fetal tissue research entirely. Anders Bjorklund and a group of students at the University of Lund later on successfully transplanted fetal cells into Parkinson’s patients, which started the market for therapeutic use of cell therapy for brain disease (Scott, 2006, p. 153). Today, donated organs and tissues are mainly used to replace destroyed tissue, except the demand for transplantable tissue and organs far outweigh the supply. Stem cells can be directed to separate into specific cell types, bring the possibility of a renewable source of replacement cells and tissues to treat diseases including but not limited to Alzheimer’s disease, spinal cord injury, stroke, burns, heart disease, diabetes, osteoarthritis, and rheumatoid arthritis. Because of this research it can become possible to generate healthy heart muscle cells that can be transplanted into patients that suffer from chronic heart disease. Stem cells are a form of human life; they are alive and contain human DNA. These cells are unique because they can be molded into developing into at least two hundred twenty cell types that are found in the human body. (Robinson, 2010) There are three types of stem cells, embryonic stem cells, which have the greatest potential because they can theoretically become any of the two hundred twenty cell types. A lot of the arguments on the ethics of stem cell research come from religious and social conservatives that are mostly pro-life. This is because they tend to believe that pre-embryos that are removed from the embryonic stem cells are a human person, so there for the process of removing the cells murders a human being. In the end stem cell research can potentially help with treating a range of medical problems. The benefits of stem cell research have such a great outcome that it outweighs the ethical issues; the research gives great insights about the basics of the human body. Even though many issues regarding ethical issues of stem cell research have now been solved, it is a reminder of a valuable example of what this treatment could cure. â€Å"In the process of pursuing the elusive stem cell and its promise of universal healing, we stand to gain important insight into the nature of human life itself. Along without obvious advances, we have evolved into a species with remarkably restricted regenerative capacity. Our bodies have long lost the forethought of indefinite growth possessed by the sequoia or the carp. Unlike starfish or newts, we can no longer replace lost limbs.