Nothing
in the criminal
justice system is ever taken lightly. For an accused to be deemed
guilty, the verdict should come without a shadow of a doubt. Even
then, there are situations in which the counsel of the accused can
opt to have the case appealed in the Appeals court.
Contemporaneous
and Specific Objections
To
maintain your position for appeal and hopefully push through with it,
your claim needs to be based on an objection that is both
contemporaneous and specific. The former means that the objection to
an evidence should have been made when the evidence was first
presented. Being specific means that it should provide the trial
court with an opportunity to correct the errors.
Constitutionalize
If
you can, you should also state the constitutional grounds for your
objection. Being the fundamental law of the land, the constitution
will have a stronger bearing on the relevance of your objection than
any state law or ordinance could.
Objection
to a Remedy
Did
you know that you can still object to the remedy that the trial court
puts forth if you deem it insufficient? Even if the trial court
should sustain your objection but the remedy you are given is nowhere
near comparable to the remedy you seek, you can still claim an
appeal.
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