Appeals and the Criminal Justice System - Term Paper Example

Article 21 of the constitution states that no person shall be deprived of his life or personal liberty except according to the procedure deprived by law (ODoherty, 1976). Thus, every person deserves the right to at least appeal so that justice is mated out fairly, natural justice prevails and the right to life and liberty may be preserved. This right may be used by anybody, the accused, or acquitted as well as the one alleging the crime. To appeal means to apply to a higher court for a reversal of the decision of a lower court (Greenland, 1969). Sections 372 and 405 deals with appeals. On the other hand, criminal justice systems are directly involved in apprehending, prosecuting, defending, sentencing, and punishing those who are suspected or convicted of criminal offense (Warnken, 2009).

Appeal should be used as a tool not only if there has been a mistake of law during the previous trial. In the case of an appeal of murder and possession of a firearm, the principles that a high court must bear in mind when the facts of the cases under scrutiny are wrong are as follows, facts are clearly wrong and involves a miscarriage of justice , when the trial judge has errored in failing to draw clear unquestionable and irresistible inference from the facts, when the trial courts appreciation of evidence is vitiated by failure to take note of a very important fact bearing the consequences on the ultimate decision on the case, when the facts of the case were found based on erroneous rejection of evidence by the court where the procedure is being tried. However, the high court can reject your appeal and give you an even harsher penalty (Criminal law. Appeal. Sentence increased on appeal, 1911).

In conclusion, the powers granted to the victims of crime, that of appeal are extremely relevant and important so that fair justice may be meted out by the court. It has been established that every individual under article 21 of the constitution has a right to life and personal liberty. The motion to withdraw your guilty plea means you are asking a judge to let you take your plea back, and can only be accepted if there is any actual basis for the plea or the defendant has been informed of his constitutional rights and when the defendant understands the charges against him (Chalmers & Leverick, 2011). Although, if the defendant does not provide enough evidence to pledge him innocent then the high court does not change the district courts verdict over him or her. The law applies to any citizen regardless of their life status.

References

Chalmers, J. and Leverick, F. (2011). When should a Retrial be Permitted After a Conviction is quashed on Appeal? The Morden Law Review, 74(5), pp.721-749.

Greenland, C. (1996). Appealing Against District Court. United Kingdom, Canada, United States, 126(4), p.538-542.

ODoherty, E. (1976). Personal Rights and Public Liberty. Contact, 52(1), pp.2-11

Criminal law. Appeal. Sentence Increased on Appeal, (1911). Harvard Law Review, 24(4), p.320.

Warnken, B. (2009). United States Civil Law and Criminal Justice Law. Elements & Procedures and Trial & Appeal. SSRN electrical journal.