Lawappeal Process Essay Research Paper America is

Law-appeal Process Essay, Research Paper

America is a place, where democracy is served to every U.S. citizen. The appeal process is one of the many examples that verify America?s democracy. The procedure of appealing is a very complex one; which concerns interpretation, circumstances, and morals/ethics of the one convicted.

The appeal process is a very significant part of the justice system. It insures that a citizen receives a just decision. If the accused doesn?t receive a fair trial, they have the security in knowing that they have the right to an appeal. It is very common through out history for a citizen to be denied a fair trail, such as Clarence Earl Gideon. Gideon was convicted of breaking and entering with petty larceny in1961. He requested council from the judge and he was denied. Gideon was sentenced to the maximum punishment of five years in a state penitentiary, charged with a felony. He then wrote a Writ of Certiorari, which is an official statement to the Supreme Court for an appeal. This is obvious of an unconstitutional situation.

The circumstances of an appeal are a very substantial part of the process. The circumstances can determine whether a convicted person will receive another trial, an appeal. In Gideon?s trial, he received an unfair access to witnesses that could have been a key objective in his prosecution stance. Gideon also wasn?t familiar with the court procedures and was unaware of the trial process. Another circumstance that concluded his right for an appeal, was his incapability to cross-examine himself on the stand, in other words, ask himself questions. Clarence Earl Gideon was also incompetent to his right of Voir Dire. He was unknowing of his right to ask the jury questions that may have had an impact on his trial. Clarence was a man with a limited education, and uninformed of his right to preemptory challenge. He was uninformed of his allowance to dismiss a juror up to fifteen times with out having to explain his reasons to the judge, no apparent reason was required. A lawyer is a extremely important process of litigation?s. One cannot defend themselves without the help of council. When one is carrying on their own case, the majority of the time it is too emotional for them to accomplish. An attorney must be provided for all defendants in any case. Without the help of council, a person is incapable of defending themselves to a just extent.

Interpretation also plays a considerable role in the appeal process. A person may interpret a certain law in a way that someone else may not. An examp

le of interpretation in Gideon?s litigation, was his misunderstanding after he was convicted of amendments VI and XIV. The VI amendment states that in criminal prosecutions, that the accused has the right to a speedy and public trial. In this trial, everyone has the right and assistance to council. The XIV amendment of the United States of America says that no state shall deprive a person of their natural born rights; life, liberty, or property, without due process of law. Gideon didn?t know that these amendments existed until after his first trial. His Writ of Certiorari stated that his rights are written in the Constitution of the United States of America. He didn?t understand why he was denied his constitutional rights, and wanted an explanation. These two amendments are enforced today due to Gideon?s curiosity in law. Another example is the law Betts vs. Brady. This law was passed during the 1940?s while the war was going on. Simply put, Betts vs. Brady stated that anyone who was illiterate, accused of complex charges, or incompetent, was entitled to council provided by the state, if one couldn?t afford an attorney. Gideon believe that this law was unconstitutional because right in amendments VI and XIV, it stated that everyone is granted an attorney in every trial, no matter how minimal the trial may be. The Supreme Court took these extremely significant points into consideration, and voted 9-0, that?s nice concurring votes against Betts vs. Brady. Morals and ethics may sometimes influence an accused person to have different outlooks on situations. A lawyer must be provided so that a citizen can receive a fair trial.

The appeal process takes a long and complicated path. Only 3% of all appeal written actually receive another trial. A convicted person must have well thought-out points in which prove their unconstitutional rights have been denied. First the judges of the Supreme Court decide whether the appeal should be considered. Then the Supreme Court has a panel of judges that decide on appeal cases. A large amount of Writ of Certiorari?s are written into the Supreme Court each day. A very small number of them are taken into to judges, who then decide whether someone is eligible for an appeal.

The process of appeal is very complex. Due to circumstances, interpretation of the law, and one?s morals and ethics, all depend on whether one will have a chance for appeal. The important case of Clarence Earl Gideon has greatly influenced the Supreme Court today, and the appeal process is an example of how democracy is served in America.

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