Criminal Justice System the American Term Paper

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Appeals

If the defendant is acquitted by the jury or by the judge in a bench trial, the 5th Amendment government prohibits the government from trying the defendant for the same crime.

Although there are is no constitutional right to appeal convictions, every state has passed its own laws which allow a convicted defendant to appeal a conviction after trial.

The defendant may appeal to an appellate court below the state supreme court or, if there is none, directly to the state supreme court.

If the appellant is unsuccessful at this level, he/she can bring the appeal to a higher court.

If the appellant's complaint is based on a Constitutional issue, she may bring her case to federal court which has jurisdiction over that particular state.

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However, if the appellant's complaint involves a right provided by the state's laws, he/she cannot bring this issue before a federal court.

If the appellant is unsuccessful at the first level of the federal courts, she petition to go to higher courts within the U.S. Court of Appeals.

If the appellant has failed to find adequate legal relief at the highest level of the U.S. Court of Appeals, he/she may petition for the Constitutional issue to be heard by the United States Supreme Court......

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"Criminal Justice System The American" (2010, November 09) Retrieved May 12, 2024, from
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https://www.aceyourpaper.com/essays/criminal-justice-system-american-6950
   

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