Appeals Process

In this case, based on the evidence which was given by the prosecutors, the judge was given the choice to find khan guilty of murder or manslaughter. The judge found him guilty and charged him with 1 count of murder and 2 counts of manslaughter. (Louise Hall, 2016)

The court system is divided into a three level hierarchy. The first level is superior/family court, the second is The Provincial Court, and the third is The Supreme Court of Canada. This hierarchy makes a system of appeals and if the losing part in a lower level feels that the judge or jury did not look at all the evidence, or they feel they were unjustly tried they have the right to appeal to higher courts. Appeals make the court system more unprejudiced and fair, which help those who may have been wronged or unfairly represented have another trial with a new panel of judges or jurors. A person can have up to thirteen judges looking over their case. Together, they can all guarantee that there will be a correct decision and whatever that decision is will be fair. Appeals are important and favourable to have, especially if there truly was a mistake and it will be fixed. Of course, one must have concrete evidence that there was an error. This provides confidence for Canadian citizens that The Canadian Independent Justice System is not a threat to

The entire trial was a sham, extremely corrupt due to jury manipulation from the defendant. The jury was allowed to go home to deliberate, giving them time to be threatened, and create a biased opinion from family, friends, media, ect. Also in the court, the judge had suppressed both the wire tape recordings and the lie detector test, throwing away crucial evidence. Not to mention that the only survivor of the

The next court appeal is the Victorian High Court. This is the next court higher than the supreme court and is the only court that can decide whether the decision is too harsh or not severe enough. Therefore the high court can change decisions made by the supreme court judge.

Court which is the last resort in both a civil and criminal appeals while that in Texas we

the jury reached a quick verdict because they never believed he could be innocent due

An appeal is a process that assists someone who is being charged with a crime, also known as a defendant. An appeal gives the defendant the opportunity to use a higher court to over-turn a lower court’s decision. ”The appeals process is part of the system of “checks and balances” designed to ensure that defendants have received due process at ear- lier stages of the criminal justice process.” (The Courts in Our Criminal Justice System, Meyer & Grant, Pg. 465) An appeal is also a defendant’s way of challenging the court’s ruling. Appeals only take place after a criminal is found guilty and sentenced, if the appeal is successful the criminal will be released from incarceration

Many of these mistakes were based around DNA. DNA testing wasn’t a thing in the past so there was not the sureness of innocence or guilt (Lindell). This shows that we had to rely more on witnesses and confessions then we did science so a wrongful conviction wasn’t to hard to get. We developed the technology to test DNA a little bit after Morton was convicted. The DNA proved that he was innocent of the murder (Lindell). If we would have haven DNA testing the judicial system probably never would have given Morton a guilty verdict. We can’t just blame the fact that there was no DNA testing we also have to look at the prosecutor of the case. The prosecutor, Anderson, was an amazing attorney and award winning for 16 years, but even he made a mistake (Lindell). Even though he was suppose to be this amazing prosecutor who doesn’t mess up, he still ended up messing up. Everyone can make mistakes, it happens but his changed the life of a man and how much of his mistakes weren’t accidental? Anderson was supposedly withholding evidence and ignoring witness statements lead to the wrongful conviction of Michael Morton (Silver). This shows that the prosecutors arrogance of thinking he had the right man lead to him being dramatically wrong at the expense of a man's life. His mistakes may come back to hurt him though. Anderson is being questioned on

Hankins’ Facebook page had shown that a dispute was growing. In my opinion I don’t believe justice was served, although it can’t be proven who had actually fired the bullet someone is dead because of what seem to be simply some turf war. Although they did serve time, which was only 90 days, what about the family of Marcus Hankins that are still wondering exactly how he was killed and what event led up to his death.

Because appeal is from a summary judgment, this case is subject to de novo review. The de novo standard of review allows the Appellate Court to find that the

Linda Kaspian agrees to give the prosecution her full testimony on all accounts for full immunity for seven counts of murder. Manson requested to defend his own case and the motion was denie by the judge. All evidence is shown from the state side and they rest their case in November on 1970. The defense also rests their case without submitting any evidence. Manson request to testify and speaks for an hour about how he should not be charged with murder as he did not physically commit the act, that he took these children in and helped to guide them. Also during the trial he lunged at the judged with a pencil clenched in hand. On January, 25th of 1971 the jury finds all four of the individuals guilty and sentencing begins. The were all sentenced to the death penalty, however in 1972 the death penalty was overturned and all the sentences were changed to life in prison. In 2012 Charles Manson was denied parole for the 12th time and wouldn’t be up for Parole again until 2027. California’s Board of Parole had advised that manson had committed 108 serious disciplinary actions and did not seem to be remorseful for any of his 9 death convictions. Susan Atkins, was diagnosed with brain cancer and requested to be released early on parole but was denied in September of 2009, she died on September 24th, 2009. On April 14th, 2016, Leslie Van Houten was granted

The federal court system consists of three levels. The leading and nethermost is the United States district courts. Secondly, the middle level is the court of appeals. The Supreme Court is reflected as the uppermost law court in the United States. The United States district courts comprise of the ordinary federal provisional courts, even though in many circumstances the legislature has approved acts that dissuade unusual authority to these particular courts or executive law juries. The Courts of Appeals are the state middle appellate law court. They function under an organization of obligatory appraisal which implies they are obligated to hear all the appeals of right from the subordinate courts. Courts of appeals can make an own presiding of their own on the case, or decide to agree the verdict of the lower court. In the last circumstance, several offenders choose to appeal to the Supreme Court. This Court is the utmost court in the United States judicial system, this is seen the court that is in charge of the final remedy. It commonly is an appellate law court that functions in unrestricted appraisal. This implies that the Court, via surrendering of summonses of certiori, has the power to choose which cases to hear and the one to dismiss. There exist no rights of appeal to the Supreme Court (Haerens, 2010).

Courts handle some pretty complex cases on a daily basis and rely on their previous knowledge of cases and on previous cases themselves to help them decide cases. This is a practice that goes on across the land. Issues such as hearsay, best evidence, mental capacity, and many others come into play while the judge is presiding over the case. Attorney’s need to monitor these things as well, and need to object to certain things within the allotted time frames. There needs to be set standards that are followed, and the Federal Rules of Evidence (FRE), State Rules of Evidence, and any common law practices are out there to assist and direct proceedings on the do’s and do not’s of the trial process. These rules state what may be allowed and what

On June 07, 2000, Adnan Syed was sentenced to life in prison for the murder of his former girlfriend Hae Min Lee. The evidence and statements made during this case changed often and did not prove Syed as guilty. Syed's friend, Jay Wilds, accused Syed of strangling Lee and showing him her body in a Best Buy parking lot. Wilds told the prosecution that he helped Syed bury her body in the Leakin Park woods on January 13, 1999. Many people had evidence that Syed could not have committed this crime; however, many of those people were never contacted or were never asked to testify.

Filing an appeal is ordinarily a two step process: firstly, file the notice of appeal. The notice of appeal is filed with the lower district court, which simply notifies the lower district court that the defendant is appealing the case. The United States Circuit Court of Appeals may not consider an appeal, if the lower district court has not received timely notice of appeal. In criminal appeals, notice of appeal must be filed within ten days from the date the lower district court’s judgment if filed (Levenson, 2017).