The criminal justice system aims to prosecute and punish those who commit crimes. However, the system is not infallible and sometimes innocent people get convicted or excessive punishments get handed down. Criminal appeals provide a way for those convicted of crimes to challenge their convictions or sentences. But the appeals process can be complex and difficult to navigate. This article provides an overview of criminal appeals – what they are, the different types, and the basic process.

What Are Criminal Appeals?

A criminal appeal is a formal request to a higher court to review a lower court’s decision in a criminal case. Defendants initiate appeals, arguing that there was some type of error during the legal process that resulted in their conviction or unfair sentence.

Common reasons for appeals include:

Procedural errors or mistakes during the trial – for example, evidence obtained illegally or jurors being improperly influenced
Ineffective assistance from the defendant’s attorney
Lack of strong evidence to justify the conviction
A sentence that seems exceptionally harsh or unfair

If the appellate court agrees an error occurred that affected the outcome or fairness of the trial, it can overturn a conviction or order a new trial. Appellate courts also have the power to reduce sentences they determine are unduly harsh. However, appellate courts give a lot of deference to the lower courts and focus on procedural issues rather than re-deciding innocence or guilt.

Types of Criminal Appeals

There are several different types of appeals available to those convicted of crimes, depending on the court system and unique circumstances:

Direct Appeal

After a criminal conviction, defendants have the right to appeal directly to the next higher court in the jurisdiction. For example, a case tried in a District Court would be appealed to the Circuit Court. Grounds for direct appeals usually involve claims of legal or procedural errors during the trial itself. Defendants typically have a limited amount of time after conviction to file for direct appeal.

State Appeals

For state court cases, if a direct appeal fails, the defence can appeal up to the state Supreme Court. However, state Supreme Courts are usually not required to hear appeals – they can pick and choose cases raising important constitutional questions or conflicts between different courts. Their goal is maintaining consistency in how laws get interpreted and applied within the state. The U.S. Supreme Court can also choose to hear an appeal from a state Supreme Court decision, but only on federal-level issues.

Federal Appeals

There are two appellate court levels in the federal system – Circuit Courts of Appeal and the U.S. Supreme Court. Convictions in U.S. District Courts get appealed to the geographically-organised Circuit Courts first. As in state Supreme Courts, federal appellate courts focus on correcting legal errors rather than determining guilt or innocence. While an appeal is in process, any penalties levied, such as prison time or fines, remain on hold.

Habeas Corpus Appeals

After the direct appeals process concludes, people convicted of crimes can file habeas corpus appeals, which aim to challenge detention itself rather than just the conviction. Most often state prisoners file habeas corpus petitions in federal courts. Grounds centre on Constitutional due process violations. For example, new evidence coming forth showing actual innocence can provide basis for a habeas appeal even after normal appeals failed.

The Criminal Appeals Process Step-By-Step

Filing a Notice of Appeal

The first step in formally launching an appeal involves submitting a legal notice declaring intent to appeal within the required timeframe. The notice specifies what conviction or sentence the appeal aims to challenge. Both sides then have an opportunity to obtain transcripts and other official records related to the lower court proceedings.

Filing Briefs

Next, lawyers for both sides file written legal briefs detailing facts of the case and arguments why the appellate court should rule in their favour. Appellants present claimed errors with the conviction or trial problems. The prosecution provides counterarguments asserting correctness of the original court’s decision.

Oral Arguments

Some appellate cases also involve oral arguments from attorneys. They allow the lawyers to summarise arguments and directly address judges’ questions. However, appellate justices make rulings based on the briefs rather than these legal discussions. Oral arguments aim to clarify complex legal issues.

The Court’s Decision

After reviewing the written briefs and oral arguments, the appellate judges confer in private to make a decision. Typically, one justice takes responsibility writing the court’s formal opinion justifying the conclusion. It gets issued along with the actual legal ruling decided by a majority of justices. Sometimes dissenting judges who disagree with the outcome will also write opinions.

Conclusion: Appeals Provide Important Protections

The appeals process acts as an important safeguard in the legal system against rush to punishment after conviction in lower criminal courts. While designed to address legal and procedural questions rather than guilt, appeals can rectify unfortunate errors that led to unjust outcomes. They also impose consistency around applying criminal laws. However, navigating the complex criminal appeal lawyers Houston process presents challenges requiring experienced appellate lawyers. For those unfairly convicted or sentenced, persisting through all possible courts offers the greatest chance to ultimately see justice served.