Describe the process of criminal appeals. Can the government appeal the decision of a trial court? If so, under what circumstances?
What will be an ideal response?
Appeals occur when an appellate court examines a lower court decision to determine whether proper procedure was followed or the law was correctly occurred. Defendants can request an appeal.
An appeal of right is an appeal that is automatically granted (usually based on the type of crime or the type of sentence), and they are limited in circumstances.
Discretionary appeal occurs when the appellate court decides if they want to grant a hearing and they can be filed several times.
Trial de novo actually means holding a new trial (not simply being reviewed) and these are rare.
Interlocutory appeals are filed prior to adjudication and will only succeed if they are important and unrelated to the cause of action.
Prosecution usually is barred from appealing the defendant's conviction due to double jeopardy, but they can appeal judicial decisions to exclude or suppress evidence. These cases are extremely rare.
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How did the Warren Court protect the "rights of the defendant?"
What will be an ideal response?
Which of the following philosophies reflects the idea that offenders should be punished for their bad acts purely on the basis that they violated the laws of society?
a. incapacitation b. retribution c. deterrence d. rehabilitation
Describe how adaptation and belief in science can affect the use of technology.
What will be an ideal response?
The ________ view exception permits investigators to seize evidence without a warrant if the officer is lawfully in a position to plainly see an incriminating object of evidence
Fill in the blank(s) with the appropriate word(s).