When any defendant is found guilty, of any charge, is entitled to an appeal to at least one level of appellate court (Meyer & Grant, 2003). An appeal is when a defendant has already been found guilty in court, and they decide to take it to a higher court in order to change the ruling (Meyer & Grant, 2003). Basically it is a process that takes place, because the defendant and their attorney do not feel that the verdict given was accurate; and that could be due to many different reasons. Appeals ensure that there was a fair trial given and no rights were violated (Meyer & Grant, 2003).
The appeal process begins very shortly after the trial, when the defense sends an appeal to the court. Appeals factor in to the overall criminal justice process, because in the end they can change laws or amendments. The Miranda rights are a great example of this. They came about after someone went back and challenged the court. It was then that the Miranda rights became part of the law and the criminal justice process. Just because a criminal goes to court and is decided guilty and is charged with whatever he/she was being charged with, does not mean that the process is over and he/she accepts the sentence and it is done.
The defendant may decide something went wrong or he/she has a way of proving their innocence. Then they will submit an appeal and may end up getting out of the original sentence given. This completely changes up the criminal procedures and processes. Nothing is perfect, and our appeals system could always use improvement. The appeals system is widely recognized for its high quality service. However, I do not really feel that the current system is completely equipped to handle all of the appeals that are coming in. The number of appeals has increased tremendously over the past 10 years.
If the system is not changed up a little bit then we will end up over run with appeals and it will take longer and longer to actually get them taken care of. Not to mention certain level courts will end up with more complex appeals than they are comfortable handling or are even use to handling and you do not want people handling cases that are too complex for them to be dealing with. So the appeals process was put in place in order to insure that the defendant was given a fair trial and was not violated of any rights.
An appeal takes place when a defendant was found guilty to the charges being pressed against him/her and he/she decides to take it to a higher appellate court in order to try and prove their innocence (Meyer & Grant, 2003). An appeal is a great thing available to the person being sentenced, because often times they are charged with something incorrectly and are sentenced to prison where they may spend their entire life. The appeal allows them a second chance in court to prove their innocence and get out of the sentence.
However, it does not always work and may even end up costing him/her an even worse sentence, especially if he/she had managed to miss a very harsh sentence the first time such as death. This is how it affects the criminal process and procedures. The fact that it was designed by man is proof enough that it is not a perfect process, though. There are plenty of ways that it could improve and one of the main ways is making sure there are enough people to handle them so it does not take extended periods of time for the appeal to be taken care of or actually be brought to court.
If someone is in a bad position and they should not be then they should not have to be stuck in that position while waiting weeks or even months for the appeal to be taken care of. That, however, is only one of many things that should be taken care of to perfect the appeals process. It is, though, indeed a very valuable process. Reference Page Meyer, J. F. , & Grant, D. R. (2003). The courts in our criminal justice system. Upper Saddle River, NJ: Prentice Hall.