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Criminal Appeals Process
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Standard of Review
The criteria and level of scrutiny an appellate court uses in examining a case.
Initiating an Appeal
Filed by the defendant (appellant) through a notice of appeal, typically within a strict deadline.
Briefs in an Appeal
Written arguments submitted by the parties outlining the legal basis for the appeal or defense thereof.
Transcript of the Trial
A written record of the lower court proceedings, essential for the appellate court's review.
Purpose of Criminal Appeals
To review lower court decisions for legal error, ensure fair trial, and uphold justice.
Record on Appeal
Includes trial transcript, evidence, pleadings, and motions from the trial court.
Oral Arguments
A stage in appeals where attorneys present their case to the judges and may be questioned.
Harmless vs. Reversible Error
Determines whether an error is sufficient to affect the outcome and therefore merits a reversal.
Parties Involved in Criminal Appeals
The appellant (defendant) and the appellee (state/government), represented by attorneys.
Remand After Appeal
Sending a case back to the lower court for further action as directed by the appellate court.
Grounds for Appeal
Legal reasons for an appeal such as insufficient evidence, prosecutorial misconduct, or jury issues.
Appellate Court's Decision
The conclusion reached by appellate judges, possibly including a written opinion.
Reversal of Conviction
Overturning the original court's decision, possibly leading to a new trial or the dropping of charges.
Judicial Precedent
Appellate court decisions may set precedent, guiding future legal interpretations and decisions.
Writ of Certiorari
A request for a higher court to review the decision of a lower court.
Appeal by Prosecution
The government may appeal certain decisions, but not the acquittal due to double jeopardy protections.
Affirmation of Conviction
Upholding the lower court's decision by the appellate court.
Majority vs. Dissenting Opinion
Written explanations of the judges' agreement or disagreement with the court's decision.
En Banc Review
When an appellate case is heard before all of the judges of a court rather than a smaller panel.
Amicus Curiae Briefs
Briefs submitted by non-parties with a strong interest in the subject matter of the appeal.
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