Identify the nature and circumstances of the right to appeal a conviction
What will be an ideal response?
Convicted offenders don't have a constitutional right to appeal their conviction. Even
though there is no constitutional right to appeal, every jurisdiction has created the
statutory right to appeal. However, the United States Supreme Court has upheld
denying a defendant a right to a lawyer for his appeal to the State Supreme Court. In
doing so, the Court distinguished between the trial and appellate stages of criminal
proceeding. The trial process requires appointment of counsel for anyone too poor to
afford one, so that the defendant can adequately defend against the charges the state
has brought against him/her.
However, after a conviction, the tables are turned. Then it is the defendant who
initiates the process, seeking to overcome the guilty finding made in the trial court
below. Thus, the defendant does not need their attorney as a shield against the state
hauling them into court and incorrectly convicting them, but rather as a sword to try to
upset what is now a presumptively correct determination of guilt.
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