REPLY 7 NOTES

Reply 7-1 SL (100 words and 1 reference)

When a person goes to trial and is presented with a “guilty” verdict, they have the option to appeal the verdict and re-try the case in front of an appellate court. An appeal is essentially done with the purpose that the courts will reconsider the case and provide a verdict that they see fit. It is generally the decision that is appealed. Sometimes people are not satisfied with the outcome of the case and might feel that if they are with a higher level of courts, that they can get a better outcome. If a case has been appealed, it give an opportunity for the defendant to present information that could have been overlooked during the initial trial. Appellate court is higher up in comparison to the district courts, which is also why people might choose to have their cases appealed. The common types of cases that are appealed are civil cases and some criminal cases, it all depends on what is being appealed and why. Appeals can be beneficial especially if evidence was overlooked during the initial trial and also allows for negotiation with the courts, which I’m not too sure how I feel about yet – I suppose it all depends on the case.

 

Reply 7-1 RM (100 words and 1 reference)

After final verdicts are established and announced, a defendant can appeal the decision if they feel that it is unfair or unreasonable (U.S Department of Justice, 2022). An appeal is typically known to occur following a courts verdict in regards to the case. Additionally, anything that the losing side disagrees with in reference to the courts decision can be appealed. However, to say the appeal would be honored is not always likely (U.S Department of Justice, 2022). When an appeal is made it undergoes a careful review. The review will look into what questions were asked in regards to the matter, how the overall process of the court was conducted (U.S Department of Justice, 2022), and from there if sufficient evidence can be shown a court of appeal will commend to either confirm or deny the appeal.

 

Reply 7-2 JenSch (100 words and 1 reference)

The Lovings vs Virginia case shaped the history of this country because the Supreme Court of the United States has recognized one of the fundamental rights that every individual is entitled to have. The landmark of the case happened when Richard Loving a white man, by marrying Mildred Jeter, who was of mixed African-American ancestry, to which under the Virginia statutes , was violating the anti-miscegenation law.

 

 

The purpose of the appeal emerged when the judge found the couple guilty and made the couple decide to either face a one-year prison term or leave the state and return only after 25 years.

The question is did Virginia’s anti miscegenation law violate the Equal Protection Clause of the Fourteenth Amendment(oyez, n.d)?

From a basic explanation, the Supreme Court found the position of the Virginia law to be morally unconstitutional, because it was violating the equal protection and the due process clauses of the Fourteenth Amendment. As mentioned by Chief justice Warren “the freedom to marry, or not marry, a person of another race resides with the individual, and cannot be infringed by the State (Oyez, n.d).”