This topic contains a solution. Click here to go to the answer

Author Question: In 2011, formal probation accounted for more than ______ of all juvenile dispositions. a. ... (Read 58 times)

silviawilliams41

  • Hero Member
  • *****
  • Posts: 560
In 2011, formal probation accounted for more than ______ of all juvenile dispositions.
 
  a. one-half
  b. one-third
  c. two-thirds
  d. one-quarter

Question 2

What are the different standards of appellate review? What impact do they have on criminal appeals?
 
  What will be an ideal response?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

1_Step_At_ATime

  • Sr. Member
  • ****
  • Posts: 342
Answer to Question 1

c

Answer to Question 2

Appeals courts approach appellate decision making in different ways, depending on the types of questions presented for review on appeal. Sometimes appellate courts are very deferential to what happened in lower courts, while other times they give no deference at all. How much deference or scrutiny an appellate court will afford to the decisions of a judge, jury, or administrative agency in an appeal is referred to as the standard of review. The most frequently used standards of review in criminal cases include de novo, mixture of de novo and clear error, clear error, reasonableness/substantial evidence, and abuse of discretion.Given these standards of review, criminal appeals rarely involve questions of fact decided by a judge or jury. Because they have not been directly exposed to the evidence, appellate courts are reluctant to second-guess findings of fact made in lower courts. Factual findings, whether by the trial court judge or the jury, are rarely a basis for reversal. . . . Absent certain types of error, it is improper for the reviewing court to substitute its judgment for that of the jury; having guilt or innocence decided by the community is a central tenet of the American legal system. The rationale for the principle that it is the exclusive province of the fact-finder to determine credibility is that the fact-finder had the opportunity to see the witness(es) testify at trial, and is therefore in a much better position to determine credibility issues. Equally cogent is the idea of judicial economythat the already overburdened judicial system simply cannot afford to retry every case on appeal. (TerBeek, 2007, p. 36). In contrast to the highly referential appellate review of factual issues, questions of law are reviewed without deference on appeal. Questions of law (or mixed questions of fact and law) that are commonly raised on appeal include defects in jury selection, improper admission of evidence during the trial, and mistaken interpretations of the law. The appellant may also claim constitutional violations, including illegal search and seizure or improper questioning of the defendant by the police. Finally, some defendants who have pled guilty may seek to set aside the guilty plea because of ineffective assistance of counsel or because the plea was not voluntary.




silviawilliams41

  • Member
  • Posts: 560
Reply 2 on: Aug 12, 2018
Thanks for the timely response, appreciate it


shailee

  • Member
  • Posts: 392
Reply 3 on: Yesterday
:D TYSM

 

Did you know?

Blood is approximately twice as thick as water because of the cells and other components found in it.

Did you know?

There can actually be a 25-hour time difference between certain locations in the world. The International Date Line passes between the islands of Samoa and American Samoa. It is not a straight line, but "zig-zags" around various island chains. Therefore, Samoa and nearby islands have one date, while American Samoa and nearby islands are one day behind. Daylight saving time is used in some islands, but not in others—further shifting the hours out of sync with natural time.

Did you know?

Patients should never assume they are being given the appropriate drugs. They should make sure they know which drugs are being prescribed, and always double-check that the drugs received match the prescription.

Did you know?

About one in five American adults and teenagers have had a genital herpes infection—and most of them don't know it. People with genital herpes have at least twice the risk of becoming infected with HIV if exposed to it than those people who do not have genital herpes.

Did you know?

People with alcoholism are at a much greater risk of malnutrition than are other people and usually exhibit low levels of most vitamins (especially folic acid). This is because alcohol often takes the place of 50% of their daily intake of calories, with little nutritional value contained in it.

For a complete list of videos, visit our video library