United States Criminal Procedure - Appeals

Appeals

After sentencing, the case enters the post conviction phase. Usually the defendant begins serving the sentence immediately after the sentence is issued. The defendant may appeal the outcome of his trial to a higher court. American appellate courts do not retry the case. These courts only examine the record of the proceedings of the lower court to determine if errors were made that require a new trial, resentencing, or a complete dismissal of the charges. The prosecution may not appeal after an acquittal, although it may appeal under limited circumstances before the verdict is rendered. The prosecution may also appeal the sentence itself. Increasingly, there is also a recognition that collateral consequences of criminal charges may result from the sentence that are not explicitly part of the sentence itself.

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Famous quotes containing the word appeals:

    If tragedy elicits our compassion, comedy appeals to our self-interest. The former confronts life’s failures with noble fortitude, the latter seeks to circumvent them with shrewd nonchalance. The one leaves us momentarily in a mood of resignation, the other in a condition of euphoria.
    Harry Levin (b. 1912)

    The War was decided in the first twenty days of fighting, and all that happened afterwards consisted in battles which, however formidable and devastating, were but desperate and vain appeals against the decision of Fate.
    Winston Churchill (1874–1965)

    The private citizen, beset by partisan appeals for the loan of his Public Opinion, will soon see, perhaps, that these appeals are not a compliment to his intelligence, but an imposition on his good nature and an insult to his sense of evidence.
    Walter Lippmann (1889–1974)