quick response to classmate – for dicusssion board
Reply 1
While watching the news and hearing of certain trial verdicts I’ve often felt the punishment was not severe enough in some cases. The punishment should fit the criminal so that the consequences make the crime something others won’t do. The deterrent part of punishment does not seem to be working these days with crimes like theft on the rise with little punishment and even police protesting as in NYC where police were outraged two people were released without bail after attacking two officers.
Appeals at the trial level are not often appealed because that process is uncertain. Alot of work goes into preparing or an appeal one of which is putting together the brief that puts the case together for argument. It can also become expensive and take a long-time with the overall appellant success rate at 20%.
Appellate cases are very different from trial cases, with a different structure. They don’t require a jury or to hear from a witness. The job of appellate cases is to review decisions made and the procedures used.
Reply 2
Hello,
In an ideal world, one might think the punishment should fit the crime. However, we do not live in an ideal world. Not one person is the same and neither is their crime. There are so many aspects to every crime and nothing is cut and dry. We must take into consideration all aspects of the situation. It is the person’s constitutional right to a speedy and fair trial. We would want to ensure that they are tried fairly and justly.
I’m sure there may be many reasons why a case may not be appealed. Unrepresented appellate court cases may not be appealed because of cost, time of all parties involved, or maybe the defendant does not want more time added to their sentence. The appellate courts do not typically accept appeals because of new evidence that surfaces. They review everything in court and ensure laws are applied correctly. They only allow appeals due to legal issues or constitutional rights errors.
