Corrections in America An Introduction Eleventh Edition

Corrections in AmericaAn IntroductionEleventh Edition Allen, Latessa, Ponder and Simonsen Chapter 5: Appellate Review

Overview • Examining the path of appeals • Pretrial • Convictions • Penalties imposed • Conditions of imprisonment • Questions about civil rights violation • Use of force

The Issue of Due Process • Every defendant is presumed to be innocent • System demands proof . . . fairly and legally • Appellate Review acts as a shield for defendant

Due Process: cont. • Federal right since 14th Amendment in 1868 • Due process prevents “railroading” • In the 1960s, a series of Supreme Court decisions expanded the coverage to ALL states

Due Process: cont. • Since Gideon vs. Wainwright, the picture has changed • Appeals run as high as 90% • System is overloaded

Due Process: cont. • As many as 11 steps • New trial motion in original court • Appeal to State Appellate Court • Appeal to State Supreme Court • Petition to U. S. Supreme Court for review of State Court

Due Process: cont. • Post-conviction proceeding in state trial court • Appeal of post-conviction proceeding to State Appellate Court • Appeal to State Supreme Court • Petition to U.S. Supreme Court to review state Court on Appeal from post-conviction proceeding

Due Process: cont. • Habeas Corpus petition in Federal District Court • Appeal to U.S. Court of Appeals • Petition to the U.S. Supreme Court to review Court of Appeals’ decision on Habeas Corpus petition

The Path of a Criminal Case • At the time of arrest • “Guilty often go free because the police blundered” • 4th and 5th Amendments clearly established in Mapp vs. Ohio and Miranda vs. Arizona

Path: cont. • Initial appearance in Court • Preliminary Hearing . . . Judge has several important tasks to perform or the failure to do so could result in a successful appeal • Filing of formal criminal charges. . . (may be preceded by review of facts by Grand Jury; Grand Jury would then issue indictment)

Path: cont. • If Grand Jury inquiry is not required, the Prosecutor files a document called an “information,” which contains the criminal charge • Many challenges are made with regards to this portion of the process

Path: cont. • Arraignment . . . 90% plead guilty at this step • Trial • Sentencing by the Court

The Mechanics of an Appeal • Process is fragmented and cumbersome • Appeal stems from a conviction in court • Appeals, known as post-conviction remedies, are usually made by the defendant • State cannot appeal an “innocent” verdict (double jeopardy)

Mechanics: cont. • Appeal introduced is to grant a stay (delay) • Appeal must be filed immediately after sentence • Reversal must be an “error” of law and must be substantial

The Court of Appeals • The Court immediately above the Trial Court • Some states have more than one level of appeal • Highest level is The Supreme Court

Court of Appeals: cont. • Federal Court System includes 94 Trial Courts (Federal District Courts) • There are 13 intermediary Review Courts (Courts of Appeal) between District Trial Courts and U.S. Supreme Court

Appeals From Behind the Walls • Early in the 20th Century, appeals were based on issues in the trial • 1960s marked a change towards civil rights issues

Reform by Judicial Decree • Corrections is above all a political unit • Corrections is heavily influenced by external power… • Legislative • Executive

Judicial Decree: cont. • Starting in 1960s,4th, 5th, 6th, and 8th Amendments were binding on all the states • 14th Amendment provided the leverage that impacted corrections

Court Orders and Court Decrees • In 2003, prisons in 10 States and 12 other individual institutions were under court order or consent decrees

Appeals Flood the Courts • Beginning in the 1960s and accelerating to present, appeals flooded the court docket • Autonomous and discretionary control over inmates was finally lifted, as right of counsel moved behind the walls

Three Types of Prisoner Petitions • In Federal Court • Habeas Corpus • Civil rights • Mandamus

Petitions: cont • In State Courts • “Ineffective assistance of counsel” (25%) • Errors by Trial Court (15%) • Due Process (14%) • Self incrimination (12%) • Other (34%)

Attempt to Reduce Appeals • In 1980, Civil Rights of Institutionalized Persons Act (CRIPA) was enacted • Intent was to reduce civil rights petitions in Federal courts • However, cases increased more than threefold due to large growth in prisoners

Other Attempts to Reduce Appeals • Prison Litigation Reform Act (PLRA) • Requires inmates to exhaust all administrative remedies • Requires inmates to pay applicable filing fees and court costs • Forbids inmates from filing in forma pauperis; if they had prior petitions dismissed as being frivolous or malicious

Other Attempts to Reduce Appeals • Antiterrorism and Effective Death Penalty Act (AEDPA) • Requires inmates to exhaust direct appeals at the state level • One year statute of limitations

Summary • Appeals will continue until inmates are permitted the same constitutional protections as those outside • With exceptions: privacy, right of association, etc.

Corrections in America An Introduction Eleventh Edition