The good thing about the criminal system our government has is that the accused individual has the right to defend themselves in court. A conviction is dependent on a few factors such as the testimony of those involved, evidence, and what the courts perceive as guilt or innocence. Once the bulk of the trial is over, there will be a verdict of guilt or innocence and then the trial will be completed. If an individual was convicted and feels it was wrong, they have the option to appeal to the court system.
The criminal justice system offers defendants the opportunity to prove that they are innocent in the court of law. Despite the conviction, the defendant is able to appeal the verdict and possibly have a second trial. The process of appeals relies on finding evidence that shows the verdict may not have been justified.
Filing An Appeal
The appeal process will begin when the defendant submits a request for their attorney files an appeal of the conviction. The lawyer will file a brief with a higher court or the appellate court. The courts may request that the transcripts from the original trial, original evidence, and oral argument be submitted with the brief. The appellate court will investigate the first trial and determine if it was a fair conviction. If they feel an error occurred there will be a second trial.
Errors
Some errors the court may find include:
- Harmful errors- the court will oppose the verdict.
- Harmless error- an error that possibly didn’t have an effect on the verdict.
- Fundamental error- an error found in the overall arguments.
- Reversible error- an error that could be changed and have an effect on the verdict.
The Appeal Process
The appeal is a result of the defendant’s displeasure of the verdict. The courts will review the decision to determine if there was a serious legal error in the process of the trial. The order of the government levels means that the higher court can overturn a conviction from the lower court. The good news is that defendants have an easier time appealing the verdict compared to the prosecution appealing an aquittal. Thanks to the Fifth Amendment the defendant is free from being tried twice for the same crime or “double jeopardy”. This prohibits the prosecution from appealing a not guilty verdict.
What Does the Appellate Court Examine?
The appellate court is geared towards investigating whether or not the appropriate procedures were followed throughout the entire trial. They are not necessarily concerned with proving guilt or innocence. They will investigate the evidence used to see whether or not it was actually relevant or supporting of the verdict. It is difficult to prove that the court violated the defendant’s basic civil rights, but it has been known to happen in some cases. However, if the appellate court does not find proof of violation of rights or nay other errors the appeal will be denied and the defendant will have to try another route to have their verdict overruled.
Related legal pages for more information: Attorney Michael Lowe of Dallas, TX. Serving all of Texas.