...Appendix 1 Northumbria University : Student Appeals Pro Forma This form is to be completed in support of appeals made by students in accordance with the University’s Student Appeals Procedure, Section 7 of the Handbook of Student Regulations. Please read this before completing this form. Personal Details Name: ______________________________________ Student Number: ______________ Faculty: _____________________________________ Programme of Study: _____________________________________________________ Contact Address: __________________________________________________________ Contact Telephone Number____________________________________________________ Contact e-mail Address: ______________________________________________________ Date of the Examination Board at which your results were considered: __________________ 2. Grounds for Appeal An appeal should normally be lodged within 20 working days of the meeting of the relevant PAB. Only exceptionally will an appeal be considered after 20 days. Please note that you may only appeal on the basis of one or more of the five grounds as indicated in regulation 7.2.3 of the Handbook of Student Regulations. You may not base an appeal on the questioning of academic judgement. Please indicate on which grounds you are appealing by ticking the appropriate box: (a) Procedural or organisational irregularities in the conduct of the assessment1 ( (b) Examinations have not been conducted in accordance...
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...An appeal is a petition for reconsideration of a legal action that has been determined by a court of law, in which a sentenced defendant is requesting for a higher court to examine the case that a lower court decided on. An appellate court is the court that hears and see’s the cases on appeals and make a decision to see if the appeal will be approved or not. After the appeal is accepted it goes to a new trial and they review the case on record to make sure that the findings were truthful and in accordance to the law. It can also be concluded that an inaccuracy in trial transpired and can be referred back for a new trial. I believe if the appeals were eliminated from the system we would have a great deal of individuals in prison or sentenced to death that did not need to be there and were wrongly accused at times. And there would be a lot of people in prison that are mistakenly accused. Because of the advancement of technology in the this day and age has improved drastically and because of this advancement we can do more with evidence and DNA that were not capable of revealing before this new technology and too me this has made the appeal process even more necessary and so do eliminate the appeal process now would definitely hurt our criminal justice system because these individuals would have no second chance to prove that they are...
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...Appeals Process Many times during a court hearing, were an offender has been convicted of a crime, errors could occur during the trial. There are many cases were innocent offenders have being send to prison to pay for a crime they have never commit. The offender has the option to fight for his or her innocents by filling a claim to the state that his or her case was not processed correctly by the lower court system during his or her trial or arrest. The criminal justice court process allows offenders to file a claim for their case to a higher court for the purpose of overturning the lower’s court decision; this is what the court system calls the appeal process. Meyer and Grant states in the book named The Courts in Our Criminal Justice Systems that an appeal is “a proceeding in which a case is brought before a higher court for review of a lower court’s judgment for the purpose of convincing the higher court that the lower court’s judgment was incorrect” (Meyer & Grant, 2003, p. 465). An appeal is designed to make sure that all offenders’ rights were protected since the beginning of the trial to the end of the sentences trial. This is a very important court process for an offender because during the appeal process the offender has the possibility of having his or her sentence reduced or even removed. The way that the appeal contributes into the criminal procedures and processes is by protecting...
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...Appeals Process Bobby Folden University of Phoenix CJS 220 Week 9 Nick Burgrabe Appeals Process The appeals process is the process of fighting a decision from a previous court system to a higher court system. In the criminal court this would be the losing party appealing the court decision federal appeals court. In a criminal case either side may appeal the verdict in respect to the sentence that is imposed after a guilty verdict. In a civil case either side may appeal the verdict. This process allows someone to have their case seen by another higher court system in hopes of having the verdict overturned. The process may be long and the litigant has to show that the trial court made an error that affected the verdict in the case. The three used in the criminal justice system can include, direct appeal, discretionary appeal and interlocutory appeal. There are step by step actions by the appeals court including: transcript request, file briefing, official consideration and the decision. These steps can be considered the motion of discovery. This is the appeals court trying to discover the negatives that may have resulted in the initial verdict with the option to capture and overturn the verdict. During the appeals process the case isn’t reheard but based on the records of the case from the trail agency. The court of appeals will not hear witnesses or gather extra evidence...
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...APPEALS PROCESS KENNETH SPAULDING CJS/220 UNIVERSITY OF PHOENIX MAY 7 2015 APPEALS PROCESS An appeal is a right you usually have after a final decision of a court or government agency. If you don’t agree with the decision of the court or agency, you can have the decision reviewed by a higher court or agency, and sometimes a court can review an agency’s decision. Almost all appeals have to be filed in writing. All appeals have to be filed within a certain time, called the appeal period. Sometimes you have to post an appeal bond, of cash or property, within a certain time, to appeal from a lower court to a higher court. A typical appeal in a criminal case is from a conviction following a trial. The defendant will allege to the appellate court that one or more errors occurred in the trial or the process leading up to trial that rendered the trial fundamentally unfair or unconstitutional. The appellate courts determine whether searches and seizures, interrogation practices, and trial procedures are constitutional or not. Thus, the appellate decisions directly affect future conduct by police, prosecutors, and trial judges. Many people complain that defendant are procedurally precluded from raising certain issues on appeal because their lawyer did not object at trial or their appellate attorney did not raise the issue on the initial appeal, and that these procedural bars result in the continued incarceration of people who did not receive a fair trial and possibly even...
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...An appeal is a “proceeding in which a case is brought before a higher court for a review of a lower court’s judgment”. This basically means a process which takes place because the defendant and their attorney feel that the verdict that was given was inaccurate which was due to something that may have happened during trial or the arrest. Appeals are done to make sure that the person has had a fair trial and none of their rights were violated. An appellate court as the text states can help an area decided on how to address certain issues. This is good because the appellate court judges can make a decision without having to worry about what society will think and if they will get reelected. An appellate court goes through cases and tries to understand what has taken place during the arrest and see if the law was upheld. An appeals process starts right after the trial, the defense must submit an appeal to the court. The person appealing should file all documents with the appellate court. The will then file briefs and the court will later hear each sides argument and decide/ once the decision is made the courts will announce their findings and why. An appellate court is based on the law not on any facts so a defense attorney cannot argue the facts presented during the case or that you were found guilty and you believe you are innocent. Your appeal should consist of the fairness for example if you had the right to a speedy trial or a defense attorney etc. Appeals factor in to the...
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...An appeal is when a person who is convicted of a crime or is told they can’t do a certain thing and the person submits questions in writing why this decision was made and wants the verdict and the case to be looked at another time. Most causes for an appeal is from people thinking they are innocent or have the right to do what they want where they want to do it. The way an appeals process can affect the overall criminal procedures or process is if the appeal gets looked at and the ruling from the previous judgment gets overturned. The reason the system is affected is it can set an innocent man free or let whoever continue on doing what they want to do. If someone is put in jail or prison for a crime they didn’t commit and they send up an appeal and it gets the ruling reversed it can mean that the case would be reopened because the person who actually committed the crime is still on the loose. It also interrupts the process of the system because everything that has been put in writing saying that this person was guilty has now got to be withdrawn from record. It also means that the person who is behind bars goes free. A good way to improve the appeals process is not letting them sit so long before being looked at. This is a big problem in some states and needs to be corrected. Even though forensic science has brought a lot of people to the surface that we would have otherwise not been able to convict. I think sometimes we depend on the computers of forensics to do too much...
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...Appeals Process Paper Patricia Velez University Of Phoenix Punishment Philosophies An appeal is an application or request made by a losing party in a court case to a higher court seeking a reversal of a lower court’s ruling in the case. In trials by federal courts, the losing party is entitled to a chance to make a plea to the court of appeal, whereby either party may be against the decision in a civil case while only the defendant has the chance to make a petition whereby a criminal case is concerned. Most appeal cases are picked for a session of oral arguments by both parties before the court. This oral claim takes the form of a structured discussion conducted between appellate lawyers and judges of the court focusing on legal principles involved in the dispute. Ideally, both sides are allocated a small amount of time during which they present their opinions before the court. In most circumstances, appeals are final, and the decision made by the court of appeals ate taken as the final word except when it refers the case back to trial courts or whereby the Supreme Court is involved (Barendrecht, Bolt, & Hoon, 2010). Appeals factor in criminal procedures and overall trial processes in different ways depending on the structure and principals of the legal system involved. Ideally, the appeal process is upheld for its benefits for the conflicting parties, the system of public justice, as well as the future users of...
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...Appeals Process Nikole Robinson Criminal Justice and Security (CJS)/220 February 9, 2014 Tony Sanders Appeals Process According to University of Phoenix Appeals (2003), an appeal is a proceeding in which a case is brought before a higher court for review of a lower court’s judgment for the purpose of convincing the higher court that the lower court’s judgment was incorrect. An appeal is done when a defendant’s attorney tries to get him/her a lighter sentence in exchange for something in return, for instance a guilty plea. This is the defendant’s way of trying to get a lighter sentence for the crime he/she has committed. Appeals are important because they are one of the principal avenues in which legal issues, such as law are shaped. Often an appellate decision in one jurisdiction is a source of guidance to courts in other jurisdictions. The first step to appeal is to file a notice of appeal within a specific amount of time after the conviction. Next the appellate files the trial court record and all documents supporting the appeal to the appellate court. Then the appellant and appellee each file briefs, basic facts of the case and the argument made by that particular party. After the briefs are filed the judge may want to hear a short oral argument from each party in the case and finally the court will issue a decision which will be given with a written opinion describing the reasoning for the decision. The appeals factor into the overall criminal procedures...
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...An appeal is a proceeding where a ruling from a lower court is reviewed by a higher court in an attempt to convince the higher court that the lower courts judgment was incorrect. Appeals are an important part of the criminal justice process. Appeals are part of the system of checks and balances. They are important because they ensure that defendants have received due process in the prior stages of the criminal justice process and it ensures that none of their civil rights were violated. They are also important because the law is often unspecific to certain legal guidelines. When society and technology change law often stays the same. It is through appeals where the law changes and adapts to society. Appellate Court decisions in one jurisdiction can act as a guideline for other jurisdictions that need to make rulings on similar cases. All appellate rulings also affect law enforcement agencies as they must also adapt to the change of the law. The appeals process begins with a conviction in trial court. After that it must follow the ladder of being appealed starting with the state appellate court. Following the state court and if there is a constitutional matter or federal law matter it will then be reviewed by the federal appellate court. Should the appeal process need to go further up the ladder it will reach the highest court the United States Supreme Court who would make the final ruling. Not every case can be appealed. You can not appeal a case solely because you think you...
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...Appeals Process 220 December 23, 2012 Appeals Process First I will talk about an appeal, the appeal process is the process in which an appellate wants to review and possibly make a reversal of a lower court decision. An appeal may be filed by either side of the case and if it is granted, the appellate court is the next step. Some cases automatically get an appeal. Those cases would be the death penalty or life in prison. There are three different types of appeals. There is the direct appeal, this is also known as the appeal of right, this appeal happens when the penalty for errors made at the trial were so big that the appellate court is mandated to do a review of the case. The discretionary appeal is filed when there is legal ground to show specific errors have been made in a case where the laws were not applied to the case properly. Then we have the Interlocutory appeals which are filed when a judge’s decision hinders the progress of a case being tried and waiting until the end of the trial would hurt the case. The timeline of an appeal is extremely important. If an appeal is not filed promptly the court can deny the appeal. The first step in the appeal process is to file a formal notice of appeal with the court. This is when the appellate is able to request trial transcripts. Attorney’s from both sides fill a brief, which outlines all facts, arguments and case law that relate to any mistakes that were made in the first trial. A panel of three judges, sometimes...
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...Appeals Process Introduction to Criminal Courts System Jennifer Morris Instructor Beverlyn Jackson Student APPEALS PROCESS Within our courts system each person that is brought before a judge or a jury has the right to make an appeal for any sentence that has been given and the defendant does not agree with. An appeal is a proceeding in which a case is brought before a higher court after receiving a sentence from a lower court. This is done with the hope of showing the higher court the decision made in the lower court was wrong and should be overturn. Appealing a court decision is the right of each individual but lower court decision are upheld by the higher court and they will usually not hear and re rule on a decision a lower court has made. In order for a defendant to make the claim for an appeal they must show that the law in the original case was misapplied this could have be done substantively or procedurally. In making an appeal it has to done on the facts of the case and not on the basis that the evidence in the original case was insufficient to support an acquittal. The appeals process factor into our justice system though the helping of people who are later found innocence by new evidence being presented during the course of the appeal. The process also provides judicial oversight of the trail proceeding, it also provides precedent on any new areas of the law that will help guide lower courts into better decision making in many cases. With the appeals process...
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...Appeals Process An appeal is when a person is found guilty or convicted of something. They then request for another hearing and a higher court. If you are the losing party you may also request an appeal. In some cases you may not be able to do an appeal. In order to appeal the individual who wants this appeal must present more information in a brief to a panel of 3 different judges. Then the judges will determine if you are eligible for it after reviewing your brief. The appeal process is a major part of the criminal justice system. This is where there are many of innocent people that are convicted and they have the chance to prove that they are not guilty. The fact that the appeal process is given to the people it better gets the real criminals. If the defendant is found guilty they have to do a brief and present it to three judges and they decide if it can be over turned and tried again. The things that I think should be improved when it comes to appeal process are what cases should be heard and then what case judgments should be overturned. I think that the appeal process should make the guide lines just a little stricter. The reason for me saying this is people who are convicted of murder more than one time should not be allowed to try and appeal it again. I think once they do it once and found guilty then they should not be able to do it again. That is just more money that is being used. The appeal process is another way for some people to stall on time that they...
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...Appeals Process Cara Drinkwine CJS/220 May 31st, 2015 Elizabeth Herbert Appeals Process When the defendant and defense counsel feels that the judge made an incorrect decision on the sentencing then the defendant through his representing counsel is able to appeal the decision. This is a difficult process seeing as the defendant has to ask for this in a set amount of time, and must have enough evidence to support the claim to even receive an appeal. There are many cases where an appeal worked in favor of the defendant and the sentencing was either reduced or thrown out altogether. The appeal process gives the defendant a second chance to be seen in front of the federal courts to receive a just sentence. The appeal process is designed to ensure that all defendants will have the chance to have due process especially in the beginning stages. The appeals process is absolutely necessary because it shapes laws on legal issues. “An appeal is a request to a higher (appellate) court for that court to review and change the decision of a lower court” (NOLO, 2015, p.1). Both the prosecution and the defense can always appeal a court’s decision on various motions including those that wish to exclude evidence in certain situations. The defendant can also appeal the court if there are legal grounds to do so. An appeal allows the defendant to possibly overturn the court’s decision (NOLO, 2015). There are overall three different primary types of appeals. The first is direct...
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...Appeals Process Not always are cases finalized when first brought before the criminal justice system. When a defendant is found guilty they have the right to push their case to a higher court if they feel there was something wrong with the process of the trial court. There are basically two channels of appeals the Federal and State appeals. After the trial courts is the Federal Court of Appeals and on the state-side are the Appellate courts, although some states only have one level of appellate courts, after that are the Federal U.S. Supreme Courts and the State Supreme Courts. In criminal cases both sides can request an appeal unless the government is involved, usually they cannot appeal for an acquittal (State v. Jones). An appeal is “a legal proceeding by which a case is brought before a higher court for review of a decision of a lower court” (Merriam-Webster, n.d.). Just because someone doesn’t like the verdict handed down by a judge does not give them the right to an appeal. The appeal process is for challenging the process within the court and to ensure that constitutional rights were upheld from the arrest to the final verdict handed down from the court. When the losing party wants to appeal they submit in writing to the appellate court to have their case herd, sometimes an oral argument is presented where both sides have a chance to plead their case. Appellate courts have the right to overturn a decision or send it back to trial court for a re-trial to correct...
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