16. Criminal and civil appeals

2018 ◽  
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley
Keyword(s):  
Criminal Cases ◽  
Appeal Court ◽  
Civil Cases ◽  
Set Up ◽  
Appeals Process

This chapter introduces readers to the appeals process in criminal and civil cases. It explores the grounds upon which appeals may be based in criminal cases, including the concepts of ‘fresh evidence’ and ‘lurking doubt’. If a criminal appeal has been dismissed, the Criminal Cases Review Commission (CCRC), which was set up to examine potential miscarriages of justice, may refer a case back to the appeal court in certain circumstances. The chapter highlights some of the criticisms of the CCRC’s role and effectiveness. The avenues of appeal in civil cases are also discussed.

18. Criminal and civil appeals

2020 ◽  
pp. 657-682
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley ◽  
Birju Kotecha
Keyword(s):  
Judicial Review ◽  
Criminal Cases ◽  
Appeal Court ◽  
Civil Cases ◽  
Set Up ◽  
Appeals Process

This chapter introduces readers to the appeals process in criminal and civil cases. It explores the grounds upon which appeals may be based in criminal cases, including the concepts of ‘fresh evidence’ and ‘lurking doubt’ and considers appeals by way of case stated, applications for judicial review of decisions, and Attorney General’s references. If a criminal appeal has been dismissed, the Criminal Cases Review Commission (CCRC), which was set up to examine potential miscarriages of justice, may refer a case back to the appeal court in certain circumstances. The chapter highlights some of the criticisms of the CCRC’s role and effectiveness. The avenues of appeal in civil cases are also discussed, including leapfrog appeals and second appeals.

scholarly journals Learning by experience on the Innocence Project in London: the employer/employee environment

2018 ◽  
Vol 25 (1) ◽  
pp. 173
Author(s):  
Louise Hewitt
Keyword(s):  
Law Students ◽  
Clinical Learning ◽  
Criminal Cases ◽  
Wrongful Convictions ◽  
Pro Bono ◽  
Set Up ◽  
Appeals Process ◽  
Innocence Project ◽  
New Evidence ◽  
Court Of Appeal

<p>The Innocence Project London is a <em>pro bono</em> project dedicated to investigating wrongful convictions in the context of individuals who claim actual innocence i.e. they did not commit the crime for which they have been convicted. Law students undertake work on the cases of convicted individuals who have maintained their innocence but have exhausted the criminal appeals process. The only avenue available to these individuals is to make an application to the Criminal Cases Review Commission (CCRC), which was set up to investigate the cases of people who believe they have been wrongfully convicted. The CCRC has the power to refer a case back to the Court of Appeal but requires new evidence or a new legal argument not identified at the time of the trial, which might have changed the whole outcome of the trial had the jury had been given a chance to consider it.</p><p>Whilst the notion of innocence projects has been much debated in literature the purpose of this paper is to present the pedagogy of the Innocence Project London and the meaningful learning opportunity it provides to students. The pedagogy combines experiential learning with elements of work based learning to create an employer/ employee environment. Law students are ‘employed’ to work on the Project where the employment process starts with a two-stage application. The clinical learning model on an innocence project is distinct from the traditional clinic approach, in that students start work at the end of a case rather than at the beginning. The problem-solving therefore is developed in the context of critical judgement based on what happened when the case was decided in court as opposed to how the case should be presented in court. The learning for the students has been significant.</p>

scholarly journals Reframing Black Southerners’ Experiences in the Courts, 1865–1950

2019 ◽  
Vol 44 (4) ◽  
pp. 1113-1140
Author(s):  
Melissa Milewski
Keyword(s):  
Black Men ◽  
Jim Crow ◽  
State Courts ◽  
State Supreme Courts ◽  
Criminal Cases ◽  
Southern State ◽  
Supreme Courts ◽  
Men And Women ◽  
Civil Cases ◽  
Black Defendants

In civil cases that took place in southern courts from the end of the Civil War to the mid-twentieth century, black men and women frequently chose to bring litigation and then negotiated the white-dominated legal system to shape their cases and assert rights. In some ways, these civil cases were diametrically opposite from the criminal cases of black defendants who did not choose to enter a courtroom and often received unequal justice. However, this article draws on almost 2,000 cases involving black litigants in eight state supreme courts across the South between 1865 to 1950 to argue that in both civil and criminal cases African Americans were at times shaping their cases and fighting for their rights, as well as obtaining decisions that aligned with the interests of white elites. Southern state courts during the era of Jim Crow were thus spaces for negotiating for rights and sites of white domination, in both criminal and civil cases.

4. The burden and standard of proof

2017 ◽  
Author(s):  
Richard Glover
Keyword(s):  
Burden Of Proof ◽  
Criminal Cases ◽  
Standard Of Proof ◽  
Civil Cases

This first part of the chapter discusses the concept of burden of proof, covering the legal or persuasive burden of proof; the evidential burden; the effect of presumptions on the burden of proof; the legal burden of proof in civil cases; the evidential burden in civil cases; the burden of proof in criminal cases; defence burdens of proof before Lambert; defence burdens of proof after Lambert; and the burden of proof of secondary facts. The second part of the chapter discusses the standard of proof, covering standard of proof required of prosecution in criminal cases; standard of proof required of defence; standard of proof of secondary facts; the standard of proof in civil cases; and the standard of proof in matrimonial and family cases.

9. Opinion evidence

2017 ◽  
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Expert Opinion ◽  
Criminal Procedure ◽  
Civil Procedure ◽  
Expert Witnesses ◽  
Expert Evidence ◽  
Criminal Cases ◽  
Civil Cases ◽  
The Uk

This chapter, which focuses on opinion evidence in criminal and civil cases in the UK, explains the rule on the admissibility of opinion, including expert opinion, as well as notice and disclosure in criminal cases under the Criminal Procedure Rules 2014. The criteria for the admissibility of expert evidence, the responsibilities of expert witnesses, and the approach of the courts to new areas of expertise are examined in detail. It also considers the presentation of expert evidence, including the use of court-appointed experts, in civil cases under the Civil Procedure Rules, and, finally, examines the ultimate issue rule, which has been abolished by section 33(1) of the Civil Evidence Act 1972.

18. Remedies and Appeals

2021 ◽  
pp. 640-668
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare
Keyword(s):  
Supreme Court ◽  
Final Decision ◽  
Criminal Cases ◽  
Complicated Structure ◽  
The Supreme Court ◽  
Different Types ◽  
Civil Cases ◽  
Civil Courts ◽  
Usual Rule

This chapter discusses the remedies that can be sought from the civil courts and how an appeal is made against a decision. It covers interim and final remedies; route of appeals; leave; the hearing; appeals to the Supreme Court; and examples of appeals. There are many different types of remedies that a court can award to a successful litigant. The most common form of remedy is that which is known as ‘damages’. Appeals in the civil courts follow a slightly more complicated structure than in criminal cases. In order to appeal in the civil cases it is usually necessary to seek permission before proceeding with a civil appeal. Save where it is a final decision in a multi-track case, the usual rule is that the appeal will be heard by the next most senior judge.

I. International Law and Nuclear Weapons in Scottish Courts

2002 ◽  
Vol 51 (1) ◽  
pp. 171-176
Author(s):  
Stephen C. Neff
Keyword(s):  
International Law ◽  
Nuclear Weapons ◽  
Direct Action ◽  
Criminal Cases ◽  
High Court ◽  
Appeal Court

Britain's Trident nuclear missile programme has long been politically controversial. In 1999, the controversy entered the judicial arena in Scotland, in two cases involving ‘direct action’ against Trident installations by anti-nuclear activists. In both cases, the actions were intended not as protests against Britain's nuclear-weapons policy, but rather as actual operations to disable the weapons themselves. The acts were, in other words, in the nature of acts of sabotage. Both incidents led to criminal prosecutions. In both cases, the accused parties sought to use international law as a defence. In both cases, the Appeal Court of the High Court of Justiciary—the highest court for criminal cases in Scotland—rejected the defence. In the process, however, the Appeal Court had occasion to expound upon some controversial points regarding nuclear weapons. Each of these cases will be discussed in turn.

scholarly journals The criminalization of indigenous people in Roraima state, Brazil: indigenous strategies to bring their rights into effect in the face of injustices and inequalities

2021 ◽  
Vol 18 ◽  
Author(s):  
Stephen Grant Baines
Keyword(s):  
Indigenous People ◽  
Justice System ◽  
Indigenous Communities ◽  
Constitutional Rights ◽  
Criminal Cases ◽  
The Face ◽  
Indigenous Organizations ◽  
State Capital ◽  
Set Up ◽  
Local Leaders

Abstract The criminalization of indigenous people in the prisons of Roraima state, Brazil, is examined, in which the justice system, as throughout Brazil, has no mechanisms to identify indigenous people and recognize their differentiated constitutional rights, reinforcing the inequalities and injustices for indigenous people, the most oppressed and discriminated since colonial times. Over the past decade, indigenous organizations in the state capital have drawn attention to this problem and taken protagonist measures to try to change it. The Indigenous Council of Roraima (CIR), through their lawyer, Joênia Wapichana, elected, in 2018 the first Indigenous woman to be a federal deputy, set up a project to write down indigenous oral law so that it could be used locally to deal with criminal cases, encouraging indigenous communities to resolve accusations of crimes through councils of local leaders and thereby avoid them being handed over to the mainstream criminal justice system.

scholarly journals Peran Peradilan Islam dalam Penegakan Hukum Islam di Kesultanan Buton

AL- ADALAH ◽  
2018 ◽  
Vol 14 (1) ◽  
pp. 81
Author(s):  
Asni Asni
Keyword(s):  
Significant Role ◽  
Legal System ◽  
Islamic Law ◽  
Past History ◽  
Legal Culture ◽  
Criminal Cases ◽  
Historical Approach ◽  
The Past ◽  
Civil Cases ◽  
Islamic Courts

This article tries to reveal the existence of the Islamic Courts in the Sultanate of Buton to measure the extent of its role in the enforcement of Islamic Law in the past. History explains that when Islam entered the territory of Southeast Sulawesi, the kingdom of Buton changed its status to Buton Sultanate and applied Islamic law throughout the empire. Using historical approach, the researcher succeeded in revealing the fact that in the area of the past Sultanate of Buton, once stood two institutions of Islamic Court named Syarana Adati and Syarana Hukumu or Syarana Agama. The authority of Syarana Adati was to deal with criminal cases where as Syarana Hukumu or Syarana Agama took care of certain civil cases such as marriage, divorce and inheritance. Despite the separation of authority, the two institutions can be categorized as Islamic Courts because the legal system used as a backdrop was Islamic Law. The study also finds out that the two institutions play a significant role in the upholding of Islamic law in the past as they were supported by the kingdom, and a strong legal culture both among law enforcers and in the community

scholarly journals Mediasi Sebagai Alternatif Penyelesaian Sengketa Perdata di Pengadilan (Analisis Putusan Nomor. 52/PDT.G/2015/PN.RAP)

2019 ◽  
Vol 1 (2) ◽  
pp. 194-201
Author(s):  
Nur Hikmah ◽  
Darwinsyah Minin ◽  
Isnaini Isnaini
Keyword(s):  
Dispute Resolution ◽  
District Court ◽  
Mediation Process ◽  
Civil Case ◽  
Basic Law ◽  
The Law ◽  
Civil Cases ◽  
Set Up ◽  
Case Number ◽  
Selection Of

Peace is the most gentle answer as well as a win-win solutin, the existence of the basic law of mediation in Indonesia as an alternative to the dispute resolution outside the court can be seen in Article 130 HIR and Article 154 RBG which has set up a peace institution which then judges shall first reconcile the parties before the case is reviewed, as described in Article 130 HIR / 154 RBG and PERMA Number. 01 of 2008 on Mediation Procedures in Courts. The formulation of the problem is how the rules of mediation law as an alternative to the settlement of civil disputes in the Court, how the implementation and mechanism in the selection of Mediators at the District Court Rantauprapat and how the results of mediation on civil cases Number.52 / Pdt.G / 2015 / PN.Rap generated from the mediation process, the aim is to know and simultaneously find the law of mediation as an alternative to civil disputes settlement in the Court and to know the implementation and mechanism of the selection of Mediator in Rantauprapat District Court and meganalisis the decision of civil case Number.52 / Pdt.G / 2015 / PN.Rap resulting from the mediation process

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