Can criminal cases be appealed?

Yes, the defendant may appeal after she or he is convicted at trial. Convicted defendants often do appeal their convictions.

If the defendant is acquitted (found “not guilty”) at trial a prosecutor can not appeal. A retrial would constitute “double jeopardy” which is not permitted under the Fifth Amendment to the United States Constitution. However, before trial (or during the trial in extra-ordinary circumstances), a prosecutor generally can appeal certain matters, such as a ruling that would “suppress” or refuse to allow evidence to be presented at trial.

For example, if there were video-tapes of O. J. Simpson murdering Nicole Brown Simpson that the judge refused to allow the jury to see, the prosecutor possibly could have sought to appeal the judge’s ruling denying use of the evidence right then and there. But after the acquittal the prosecutor could not have appealed and asked for a new trial on the grounds that the tapes were improperly excluded from the trial.

Similarly, if immediately after the jury’s acquittal of Simpson the Los Angeles District Attorney’s Office first discovered such video-tapes, the prosecutor could not have sought a retrial on the grounds of newly discovered evidence. On the other hand, if the jury found Simpson guilty in the criminal case you can bet there would have been an appeal.

Case Studies: Appeals in Criminal Cases

Case Study 1: Appeal of Conviction

John was convicted of a crime after a trial. Dissatisfied with the outcome, he decided to appeal the conviction. John’s appeal argued that there were errors in the trial proceedings that prejudiced his case. The appellate court reviewed the trial record and determined that the errors did occur, resulting in an unfair trial. As a result, the conviction was overturned, and John was granted a new trial.

Case Study 2: Appeal of Suppressed Evidence

In a drug trafficking case, the defense filed a motion to suppress certain evidence due to Fourth Amendment violations. The trial court granted the motion, ruling that the evidence could not be used in trial. The prosecutor disagreed with the ruling and filed an appeal before the trial began. The appellate court reviewed the legal arguments and determined that the trial court erred in suppressing the evidence.

Case Study 3: Appeal of Acquittal Ruling

In a high-profile murder trial, the defendant was acquitted by the jury, resulting in a not guilty verdict. The prosecutor believed that crucial evidence was improperly excluded from the trial, potentially influencing the jury’s decision. However, the prosecutor was barred from appealing the acquittal because of the principle of double jeopardy. Once a defendant is acquitted, the prosecution cannot seek a new trial or appeal based on the same charges.