ENGLISH CRIMINAL APPEALS - IDEAS FOR AMERICAN REFORMS

• NCJ Number: 10131
• Author(s): D J MEADOR
• Date Published: 1973
• Length: 305 pages
• Grant Number(s): NI 71-093
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: University of Virginia
• Sale Source: University of Virginia Press; National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

THE ENGLISH SYSTEM OF CRIMINAL APPEALS IS ANALYZED 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 EXAMINING 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 TO MONITOR APPEALS AND PERFORM A SCREENING AND MEMORANDUM-WRITING FUNCTION. THE PLAN IS DESIGNED TO BRING APPEALS BEFORE THE COURT FOR INITIAL CONSIDERATION NOT LATER THAN 30 DAYS AFTER CONVICTION. AT THAT TIME FINAL ACTION COULD BE TAKEN IN FRIVOLOUS CASES. CASES OF MORE SUBSTANCE WOULD GET FURTHER ATTENTION, BUT WOULD BE DISPOSED OF WITHIN TWO TO THREE MONTHS AFTER CONVICTION. (AUTHOR ABSTRACT MODIFIED). (FOR SUMMARY REPORT SEE NCJ-010132)