Your Appeal Is Your Last Best Chance To Right A Wrong

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How a criminal appeal differs to a trial

On Behalf of | Aug 13, 2024 | Federal Appeals

While relatively rare, wrongful convictions do happen. This is why the court system in the U.S. allows criminal appeals.

It is a common misconception that criminal appeals work in a similar way to trials. In reality, the two processes are very different. Outlined below are some of the key distinctions between criminal appeals and trials. 

An appeal has no jury 

Criminal trials may be overseen by a single judge, or they may have a jury panel. A criminal trial has no jury. Instead, the majority of criminal appeals are heard by multiple judges, usually nine of them. For the appeal to be successful, a majority of the nine judges will need to rule in the appellants favor. 

Legal errors rather than facts 

In a criminal trial, it is typically up to the judge to explain the law to the jury, and the jury then applies the law to the facts of the case. This is not how an appeal works. Generally, an appeal will not review the facts of the case or new evidence. Instead, the appeal will be based on whether or not any legal errors were made during the trial.

Appellate decisions are binding on other cases 

For the most part, rulings in a criminal trial only impact the case at hand. Decisions are not binding on other cases. Appeals, on the other hand, set precedents. Further cases will rely on the decision of appeals to make arguments and come to rulings. 

The law regarding criminal appeals is nuanced. That’s why it’s so important to have the appropriate legal guidance behind you.