Respuesta :
After a court has convicted and sentenced a criminal defendant, the defendant may file an appeal to a higher court, asking it to review the lower court’s decision for legal errors that may have affected the outcome of the case. If the appellate court grants the appeal, it may reverse the lower court’s decision in whole or in part. If the appellate court denies the appeal, the lower court’s decision stands.
The Right to Appeal :
If a conviction results from a defendant’s guilty plea, the defendant does not have an automatic right to appeal their conviction. In most jurisdictions, an appeal will be heard only if the defendant is granted permission to proceed by the appellate court. Criminal defendants who were convicted by a judge or jury at trial, however, have an absolute right to appeal their convictions. Additionally, all states which enforce the death penalty allow an automatic appeal of cases involving a death sentence. If a court acquits the defendant, the prosecutor may not appeal the verdict. Appealing a verdict of “not guilty” would violate the Double Jeopardy Clause of the Fifth Amendment. Prosecutors may, however, appeal all pre-trial rulings and decisions regarding the admissibility of evidence at trial.
Grounds for Appeal :
Potential grounds for appeal in a criminal case include legal error, juror misconduct and ineffective assistance of counsel.
Legal errors may result from improperly admitted evidence, incorrect jury instructions, or lack of sufficient evidence to support a guilty verdict..
A conviction may also be appealed if the defendant reasonably believes that the jury conducted itself improperly during deliberations or the trial itself. Jury misconduct includes the use of experiments, drug or alcohol abuse during deliberations or trial, and improper communications between jurors and witnesses or counsel.
Finally, criminal defendants often appeal their cases when they feel that they were not provided with adequate representation.
Learn more about appealing in criminal conviction ; https://brainly.com/question/8561040?referrer=searchResults
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