CRIMINAL APPEALS - ENGLISH PRACTICES AND AMERICAN REFORMS, A SUMMARY

• NCJ Number: 10132
• Author(s): D J MEADOR
• Date Published: 1972
• Length: 20 pages
• Grant Number(s): NI-71-093
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: US Dept of Justice
• Sale Source: Superintendent of Documents, GPO; National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

ANALYSIS OF THE ENGLISH SYSTEM OF CRIMINAL APPEALS TO IDENTIFY SUCCESSFUL PROCEDURES WHICH PRESENT POSSIBILITIES FOR ADOPTION IN AMERICAN APPELLATE COURTS.

Abstract

THE STUDY IS BASED ON THE ACTIVITIES OF THE COURT OF APPEAL, CRIMINAL DIVISION, WHICH REVIEWS CONVICTIONS AND SENTENCES OF THE CROWN COURTS OF ENGLAND AND WALES, THE SUPREME COURT OF VIRGINIA AND THE APPELLATE DIVISION OF THE SUPERIOR COURT OF NEW JERSEY ARE USED AS EXAMPLES OF APPELLATE COURT PROCEDURES AND PROBLEMS IN THE UNITED STATES. AFTER A BRIEF EXAMINATION OF THE ENGLISH APPELLATE PROCESS, THE AUTHOR PROPOSES A MODEL CRIMINAL APPEAL PROCEDURE FOR AMERICAN COURTS. THE PROCEDURE IS BUILT AROUND A CENTRAL PROFESSIONAL STAFF OF LAWYERS WHO WOULD MONITOR APPEALS AND PERFORM A SCREENING AND MEMORANDUM-WRITING FUNCTION. ULTIMATE CONTROL OVER BOTH PROCEDURAL AND SUBSTANTIVE MATTERS WOULD LIE, HOWEVER, WITH THE JUDGES. THE PLAN IS DESIGNED TO BRING APPEAL BEFORE THE APPELLATE COURT FOR INITIAL CONSIDERATION NOT LATER THAN 30 DAYS AFTER CONVICTION. AT THAT TIME FINAL ACTION COULD BE TAKEN IN FRIVOLOUS CASES, THOSE OF MORE SUBSTANCE WOULD GET FURTHER ATTENTION, BUT WOULD BE DISPOSED OF WITHIN TWO TO THREE MONTHS AFTER CONVICTION. THIS PUBLICATION IS THE SUMMARY VOLUME OF A REPORT BY THE SAME TITLE. (AUTHOR ABSTRACT MODIFIED). (SNI ABSTRACT)