Court Appeal Process Analysis

The definition of an appeal according to the Merriam-Webster dictionary (http://www.merriam-webster.com/dictionary/appeal, n.d.), is a legal proceeding by which a case is brought before a higher court for review of the decision of a lower court. The appeals process is very important to the legal system, and it includes many different factors and steps to the appeals process this helps the judge make the right decision. One of the main steps to the process starts with the losing side having to apply for a notice of appeal, and then the trial clerk advises other parties and Appellate Division. Next a written statement must be submit presenting their legal arguments, and if needed an oral argument can be given and at a later date, the appeal …show more content…
The appeals process is to ensure the offender was given a fair trial and no one’s rights were violated in the process. The court appeal will review the case with a fine tooth comb examining only the record of the proceedings in the lower court and will not consider any new evidence. The record is the court reporter 's transcripts of everything said in court, by the attorneys, witnesses and the judge and anything else admitted into evidence, such as documents or objects, all of these items also becomes part of the record. A good example of this would be when a person is arrested they must be given their Miranda rights if in the first trial this fact was overlooked during the appeal process it would be noted that a violation of the person rights was committed and more than likely the first court’s decision would be …show more content…
In my opinion, the best way to improve this process would be first to try to make this process as fair as possible. Many people continue to file an appeal repeatedly after appeal I believe this should be put to an end. Once a decision has been made on the first appeal, an offender should not be able to appeal again. If we were to put this into practice, it would reduce the workload and fix another major issue which is the amount of time it takes to process each case. There also needs to be more funding put towards this issue because as with many things technology is the key and could really help to streamline this process. Elliot Spitzer said, “Our criminal justice system is fallible. We know it, even though we don 't like to admit it,” because this is a true statement the appeals process was created to double check and ensure justice was truly done. In a perfect world where people do their jobs, do not make mistakes, and ensure that truth and justice is meet we would not even need the appeal system, however this is not the case because police officers, attorneys, and judges make mistakes all the time and because of this the appeal process is greatly need and although it is not the best system or the most efficient system it is the best system we have. It is in our power and in our best interest to improve this system because it ensures the safety and fairness of the community by