Criminology Term: Appeal
When a lower court makes a decision in a criminal case, either the defendant or the prosecution may feel that the decision was unjust or based on incorrect legal principles.
In such cases, the party may appeal the decision to a higher court. This legal process is known as an appeal, and it allows the higher court to review the decision made by the lower court.
During an appeal, the higher court will examine the record of the lower court proceedings to determine if there were any errors in the legal procedures used in the trial or if the lower court's decision was based on incorrect legal principles.
The higher court does not typically re-examine the facts of the case or hear new evidence but instead focuses on the legal issues involved.
If the higher court finds that the lower court made errors in the decision or that the decision was based on incorrect legal principles, it may modify or even reverse the lower court's decision. Conversely, if the higher court finds that the lower court's decision was correct, it will affirm the decision and the case will be considered final.
It is important to note that not all decisions in a criminal case can be appealed, and appeals can be both time-consuming and expensive. However, appeals play a critical role in ensuring that legal errors are corrected and that the rights of defendants are protected.
Additionally, appeals can help to clarify legal principles and ensure consistency in the application of the law. Overall, the appeal process is an important aspect of the criminal justice system.
