In the criminal justice system, there are different types of courts used. The two courts that will be discussed is the trial courts and the appellate courts. Even though these two courts are used in the legal system, they are not completely the same type of court procedures. The different types of cases can be heard at different levels depending on which court is needed for the case. The process of each court and the way the rulings are performed are not similar.
A trial court is where most cases start their proceedings. “In a trial court hearing, both sides are able to give their side of what happened in the case” . People who are considered witnesses may testify or provide statements of what they had seen or heard. Any type of evidence or documentation may be presented to the court for further examination. The court will evaluate on what was presented to them and then makes a decision based on the evidence presented.
An appellate court proceeding, is straight to the point. This type of court is designed at a federal level. It does not include testimony from individuals and it does not present any form of evidence. The appellate court has lawyers from both sides of the case and they discuss the legal and policy process that pertains to the case. There is a judge who will hear the arguments and make a decision based on the lawyers’ argument.
A trial court and appellate court decisions can be appealed to a higher court system. When a decision is made in the higher appellate court, it can be appealed to the United States Supreme Court. The decision that is handed down by a trial court can be appealed to a higher court for further evaluation. The people involved in the court case can decide whether they want to appeal the decision. If there is no new evidence presented in the case, then the higher judges will decide if the previous court had made an accurate decision. In order for a case to be appealed to the appellate court, it has to involve federal law and federal legal issues. If the case is on a state level, it will likely not be heard in an appellate court.
Reference
Clarke, K. (2016). The Difference between Trial Courts and Appellate Courts. Civil Rights, 1-2.
