Appellate Courts
The public’s perception that appeals drag on endlessly and result in a lack of finality in the process is a significant problem. This perception can be traced to several factors, including the length of time it takes for an appeal to be decided, the number of appeals that are filed in a given case, and the fact that appeals often result in a new trial rather than a final resolution of the case. The length of time it takes for an appeal to be decided is a major contributing factor to the public’s perception that appeals are endless and result in a lack of finality. Appeals can take months or even years to be decided, and during this time, the parties to the appeal are often left in limbo, unsure of the outcome. It can be particularly frustrating for criminal defendants awaiting a decision on their appeal, as their freedom may hinge on the outcome.
The number of appeals filed in a given case contributes to the public’s perception that appeals are endless and result in a lack of finality. In many cases, multiple appeals are filed by the prosecution and the defence. Each of these appeals can take months or even years to be decided, further contributing to the perception that appeals are endless. Appeals often result in a new trial rather than a final case resolution because appeals are typically based on errors made during the trial(Lighthizer, 2020). As a result, the appeals process often leads to a new trial, which can be just as long and drawn out as the original trial. It can be extremely frustrating for the parties involved and the public, who may feel they will never see a final resolution to the case.
In conclusion, the length of time it takes for an appeal to be decided, the number of appeals that are filed in a given case, and the fact that appeals often result in a new trial rather than a final resolution of the case are all major contributing factors to the public’s perception that appeals are endless and result in a lack of finality. This perception can be frustrating for the parties involved and the public, who may feel that they are never going to see a final resolution to the case.
Reference
Lighthizer, R. (2020). REPORT ON THE APPELLATE BODY OF THE WORLD TRADE ORGANIZATION Office of the United States Trade Representative. https://ustr.gov/sites/default/files/Report_on_the_Appellate_Body_of_the_World_Trade_Organization.pdf
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