Describe the progress through direct appeal and collateral attack

What will be an ideal response?


After a guilty verdict in a trial court, whether from a judge or a jury, all jurisdictions afford the defendant at least one statutory right to appeal. This statutory right to appeal is usually only to an intermediate appellate court. After the appeal, having the case considered further by the state supreme court or SCOTUS is largely discretionary. After a state or SCOTUS hearing or denial of discretionary appeal, a defendant can collaterally attack his or her conviction through a habeas corpus proceeding.

Habeas corpus proceedings are noncriminal (civil) lawsuits and are considered separate cases from the original criminal trial. The defendants in the criminal case are now the plaintiffs or petitioners in the habeas corpus proceeding. They petition the court for a writ on the grounds that they are being unlawfully detained. These habeas corpus proceedings may initially be brought in a state court, but after the state court procedures are exhausted, they can be brought in a United States District Court. From an unsuccessful petition in U.S. District Court, the defendant can appeal to a circuit court of appeals and, ultimately, ask SCOTUS to hear his or her case on a writ of certiorari.

Criminal Justice

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The most important prerequisite for photographing a crime scene is for the scene to be in an _____ condition

Fill in the blank(s) with correct word

Criminal Justice

The rise of a merchant class created a need for

a. the use of the military as a police force b. less police in a society c. an armed police force d. a more formal police system

Criminal Justice

Which of the following most accurately describes Rohypnol?

A. smears from all areas that victim states were bitten or licked B. forensic exam conducted by forensically trained physicians C. pharmaceutical substance nicknamed "the date rape drug" D. genital and nongenital photography collected as forensic evidence

Criminal Justice

Answer the following statement(s) true (T) or false (F)

1. Composite-4 was a terrorist organization in the United Kingdom. 2. The purpose of a dirty bomb is to poison water supplies. 3. Mustard gas is a blistering agent which has been historically produced in large quantities. 4. A Molotov cocktail is a toxic poison. 5. Semtex is a type of plastic explosive.

Criminal Justice