Discuss the nature of appellate review. Specifically, discuss the functions of appellate courts and the scope of appellate review

Question

What will be an ideal response?

Answer 1

The functions of appellate courts are twofold. First, these courts correct errors made by the trial courts. Second, these courts create policy on issues that need clarification and modification. The convicted defendant is allowed one appeal as a right. With the exception of death penalty cases, the losing defendant, however, is not required to file an appeal. When a jury imposes a sentence of death, the case must be appealed regardless of the defendant's wishes. While defendants have a right to a first appeal, prosecutors do not. The Fifth Amendment protection against double jeopardy prohibits the prosecutor fromappealing a not guilty verdict. With regard to the actual appeal, generally speaking, matters of law are for the appellate courts to decide, not fact questions that were already determined by the lower court. Importantly, only matters that were raised during trial are subject to appeal. In most states, an intermediate appellate court (rather than the state's supreme court) hears the first appeal. After the first appellate court has reached a decision, appeals become discretionary, which means that further appellate courts are not required to hear the appeal. The U.S. Supreme Court and most state supreme courts have discretionary appellate jurisdiction.