Based On Your Phase 4 Key Assignment Scenario

Based On Your Phase 4 Key Assignmentscenario You Have Been Advised T

Based on your Phase 4 Key Assignment scenario, you have been advised that the defendant has appealed his case to the District Court of Appeals, and the court has agreed to hear arguments as to the issue of police entrapment. Using material from your text and other credible online sources, answer the following questions: What is the difference between an intermediate appellate court and a high appellate court? Are they referred to by other names? Explain. What options does the court have regarding the case in question? Be specific. If the appellate court finds that the defense is valid and reverses the judgment, will you be held liable either civilly, criminally, or both? Will the department be held liable? If you or the department is held liable, explain the theory involved. Be sure to reference all sources using APA style.

Paper For Above instruction

The appellate process is a fundamental component of the judicial system, providing a mechanism for reviewing and correcting errors made during trials in lower courts. When a case is escalated from a trial court to an appellate court, it usually involves a review of the legal correctness of the trial proceedings rather than re-examining factual determinations. This paper discusses the differences between intermediate and high appellate courts, their alternative names, possible options a court has when hearing an appeal, and the implications of a successful appeal on liability for individuals and departments involved.

Differences Between Intermediate and High Appellate Courts

In the United States, the judicial hierarchy consists of various levels of appellate courts, primarily distinguished as intermediate appellate courts and high appellate courts, often called courts of last resort. Intermediate appellate courts serve as the middle tier in the appellate system and are responsible for reviewing decisions from lower trial courts or single-judge tribunals. They primarily focus on legal errors that could have affected the verdict or judgment, rather than re-evaluating factual evidence. These courts typically have panels composed of multiple judges to ensure consistent and fair review of legal issues.

High appellate courts, more commonly known as supreme courts or courts of last resort, occupy the highest position in the judicial hierarchy. Their primary role is to interpret constitutional issues and establish binding legal precedents. Unlike intermediate courts, their decisions are final and not subject to further appeal. The highest courts often handle cases that involve significant legal questions, conflicts among lower courts, or issues of broad public importance. They are also referred to as supreme courts or courts of last resort, depending on the jurisdiction.

For example, in the United States, the intermediate appellate courts are the Circuit Courts of Appeals, while the Supreme Court is the highest appellate authority. In other countries, similar distinctions exist, with high courts sometimes designated as constitutional courts or supreme courts.

Options Available to the Court Regarding the Case

When an appellate court reviews a case, it has several options regarding the case's disposition. Primarily, the court can affirm the lower court’s decision, which means upholding the original ruling. Alternatively, the court may reverse the decision, declaring that the trial court erred in its judgment, often leading to a new trial or the outright dismissal of charges or claims. Another possibility is remanding the case back to the lower court with specific instructions for further proceedings or clarification.

If the court finds procedural errors or legal misinterpretations that are substantial enough, it may also modify the case's findings or the sanctions imposed. The court may also vacate the judgment entirely if it determines systemic issues or procedural irregularities were significant enough to warrant nullification.

In some instances, the appellate court may choose to remand the case for a new trial, especially if there were significant questions about the fairness of the original proceedings. When the appeal concerns procedural issues such as police entrapment, the appellate court’s decision can significantly influence the subsequent proceedings and the liabilities involved.

Implications of a Reversal on Liability

If the appellate court finds the defense of police entrapment to be valid and reverses the judgment, the liability implications depend on the context. Generally, if the reversal occurs in a criminal case, the defendant may be acquitted, and criminal liability may be eliminated or diminished. However, this does not necessarily mean the individual or the department involved in the case will be held liable in civil court, unless separate civil proceedings are initiated.

In civil liability contexts, a successful appeal can lead to claims of constitutional violations or violations of civil rights, potentially resulting in monetary damages. Civil liability could also arise from negligence or misconduct, depending on the circumstances surrounding the law enforcement’s conduct. If the appellate ruling is based on the court's recognition that police engaged in illegal or improper tactics, such as entrapment, the department may be held liable under theories such as municipal or governmental liability under The Civil Rights Act (Section 1983 claims).

Specifically, if a case involving police conduct reaches that point, liability might hinge upon whether the police conduct violated established rights under constitutional law, particularly the Fourth Amendment, which safeguards against unreasonable searches and seizures. Under Section 1983 of the Civil Rights Act, victims can seek damages for violations of constitutional rights caused by government actors (Monroe v. Pape, 1961). It is crucial to understand that liability depends on whether the conduct was deemed objectively unreasonable and whether the police and department adhered to constitutional standards.

Furthermore, the doctrine of respondeat superior may apply, where the department or agency is held vicariously liable for officers if their conduct was within the scope of employment. Conversely, if the conduct was clearly outside the scope or involved malicious intent, liability may not be attributed to the department itself but rather to individual officers. Overall, the legal theory such as constitutional torts, negligence, or vicarious liability shapes how liability is assessed in these contexts.

Conclusion

The distinctions between intermediate and high appellate courts are primarily based on their jurisdiction, scope, and authority. Intermediate courts focus on correcting legal errors, while high courts handle the most significant legal questions and serve as the ultimate appellate authority. The options available to appeals courts include affirming, reversing, remanding, or modifying cases. The decision of an appellate court to reverse a judgment, particularly on grounds such as police entrapment, can significantly impact liability determinations, influencing whether individuals or departments are held liable in criminal or civil contexts under constitutional and Tort law frameworks.

References

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• Friedman, L. (2017). A History of American Law (3rd ed.). Simon & Schuster.
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• Hall, P. (2018). The appellate process and judicial review. Judicial Studies Institute.
• Monroe v. Pape, 365 U.S. 167 (1961). U.S. Supreme Court.
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• United States Department of Justice. (2021). Civil Rights Division annual report. DOJ Publications.