What is the federal criminal justice system's approach to criminal appeals?
The federal criminal justice system’s approach to criminal appeals is largely similar to most other states’ criminal justice systems. A defendant who has been convicted of a federal crime in California may file an appeal with the U.S. Court of Appeals Ninth Circuit. This Circuit Court, located in San Francisco, provides a forum for both the defense and the prosecution to present their respective sides of the case. The defendant must file a Notice of Appeal within 14 days of their sentencing, unless an extension is granted. If a Notice of Appeal is granted, the case is submitted to the Ninth Circuit and is examined by a panel of appellate judges. The defendant has the right to raise any issues that the trial court failed to adequately address or overlooked during the proceedings. The appeals court can either affirm the defendant’s conviction or overturn it, depending on the merits of the case. If the appellate court affirms the lower court’s decision, the defendant has the option to petition the U.S. Supreme Court to review the case. However, this review is discretionary and is rarely granted. If the conviction is overturned, the defendant may either be granted another trial, receive a lesser sentence, or the charge may even be dismissed. In some instances, the appellate court may direct a lower court to reconsider certain verdicts or sentences. The right to appeal is a fundamental right of any criminal defendant, allowing them to seek justice in a higher court.
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