THE RIGHT OF APPEAL IN CRIMINAL CASES

Orfield, Lester B.

Journal: Michigan Law Review

Volume: 34

First Page: 937

Year: 1936

Bluebook Citation: 34 MICH. L. REV. 937 (1936)

Author: Lester Bernhardt Orfield: all 92 publications


Abstract

In the conduct of a criminal proceeding certain steps are regarded as essential. The accused must be brought before the court. There must be a preliminary investigation to insure that the case is one which should be prosecuted. Notice must be given to the accused of the offense charged.

He must have an opportunity to prepare for trial, procure witnesses, and make needed investigations. He should have a speedy trial. He should have a fair trial before an impartial tribunal. Finally, there should be one review of the case as a whole by a suitable tribunal.

The principle of a right to appeal in criminal cases is well established in the United States. It is not, however, a requirement of due process.

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