Appeal - Appellate Structures, Appeals By The Defense, Extraordinary Writs, Mootness And Related Doctrines, Scope Of Appellate Review
criminal court federal system
Appellate review in criminal cases serves multiple purposes: correction of errors, supervision of trial court practice, articulation of legal standards, promotion of uniform decisionmaking, and provision of both procedural justice and its appearance. Although such review has come to be viewed as fundamental to criminal adjudication, the modern system of criminal appeals is a relatively recent phenomenon in Anglo-American law. England did not provide an adequate system of appellate review until enactment of the Criminal Appeal Act of 1907, 7 Edw. 7, c. 23 (repealed) (Meador, p. 16). In American states, appeals in criminal cases developed unevenly, but had become generally available by the end of the nineteenth century (Arkin, pp. 521–523). For its first one hundred years, the federal government did not give defendants a right to appeal from criminal convictions; criminal cases were reviewable only (1) when a federal circuit court—a three-judge court with trial jurisdiction—certified an issue of law on which the judges were divided, a rare occurrence (Arkin, p. 531); or (2) within the limited range of issues that could be raised by collateral attack on habeas corpus. A series of enactments spanning the period 1879–1970 created the present system of federal
criminal review, which recognizes a right to appeal from the federal district court to the federal circuit court of appeals, with further, discretionary review available in the U.S. Supreme Court.
Additional Topics
Like the federal government, nearly forty states have two-tier appellate systems. Although the precise jurisdictional arrangements vary, the most typical pattern provides for one appeal as of right to an intermediate appellate court and for further review in the state's highest court primarily on a discretionary basis—though review as of right in the highest court (often directly fro…
Nature of the right. In McKane v. Durston, 153 U.S. 684, 687–88 (1894), the Supreme Court stated that a defendant has no federal constitutional right to an appeal. But in neither McKane nor in subsequent decisions that have reiterated that statement (e.g., Ross v. Moffitt, 417 U.S. 600, 606 (1974), and Griffin v. Illinois, 351 U.S. 12, 18 (1956)) did a state fail to provide any appellate re…
No appeal will lie when post-trial events—for example, the death of the convict—render the case moot. Most jurisdictions have now departed from the traditional view that an appeal is moot whenever the sentence has been fully satisfied—that is, when the defendant has paid any fine and served the full period of any imprisonment or probation. A limited departure from the traditio…
In general. Appellate review, based as it is upon the written record assembled at the trial level, is often deferential, particularly with regard to discretionary trial management decisions, issues heavily intertwined with fact and testimonial credibility, and the trier of fact's determination of guilt. Review of the trial court's elaboration of legal standards is generally de
nov…
In general. A determination on appeal that there was error at trial does not always require reversal. Rather, because minor errors are common and "[a] defendant is entitled to a fair trial but not a perfect one" (Lutwak v. United States, 344 U.S. 604, 619 (1953)), every jurisdiction follows some variant of the rule that harmless errors may be disregarded. There is no agreement, howev…
A retrial is ordinarily permitted after reversal of a conviction, except where retrial itself is the harm (as would usually be true when reversal was based on a claim of immunity, double jeopardy, or denial of a speedy trial) or where reversal was for insufficient evidence. Double jeopardy principles do not forbid imposition of a stiffer sentence after reconviction, but to protect a defendant�…
American Bar Association. Criminal Appeal. In Standards for Criminal Justice, 2d ed. Vol. 4, chap. 21. Boston: Little, Brown, 1980. …
Abney v. United States, 431 U.S. 651, 662 (1977). Alabama v. Smith, 490 U.S. 794, 801–02 (1989). Anders v. California, 386 U.S. 738, 744 (1967). Arizona v. Fulminante, 499 U.S. 279, 285 (1991). Benton v. Maryland, 395 U.S. 784 (1969). Bullington v. Missouri, 451 U.S. 430, 446 (1981). Burns v. Ohio, 360 U.S. 252, 258 (1959). Chaffin v. Stynchcombe, 412 U.S. 17, 35 (1973). Chapman v. Californ…
Citing this material
Please include a link to this page if you have found this material useful for research or writing a related article. Content on this website is from high-quality, licensed material originally published in print form. You can always be sure you're reading unbiased, factual, and accurate information.
Highlight the text below, right-click, and select “copy”. Paste the link into your website, email, or any other HTML document.
User Comments
10 months ago
Attorney Misconduct - Other Types Of Misconduct