Textbook: Title: Criminal Law and Procedure (8th Edition) Author: John M. Scheb

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Feb 21, 2023


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Textbook: Title: Criminal Law and Procedure (8th Edition)
Author: John M. Scheb and John M. Scheb II
•Publisher: Cengage Learning.
Directions: Read Discussion Post 1 and Discussion Post 2 and reply to them with two paragraphs each . Include reference when responding to the discussion posts. Use APA format for reference and include page numbers when citing information. In responding to discussion post make sure they are High Quality Post . Your contributions to each topic indicate your mastery of the
materials assigned. Your responses might integrate multiple views and/or provide value for other
participants’ responses.
Discussion Post1
What should be the standard on appeal for inmates (or those who have already completed their incarceration) to gain the opportunity to re-investigate their cases, present new evidence, or otherwise challenge their convictions?  
Based on the report and understanding of those inmate who have committed the crime it think it very reasonable to do an appeal on those who have finished their serving for the crime they have committed because even providing new evidence on the case, will only challenge the way people. I think it is important to understand, when there are a new investigation ongoing on the case, it can either cause the inmate to proven his or her innocence. For example, in the reopening on the O.J.trial caused him to go back to jail on the crime in committed.
What issues should they be allowed to litigate (DNA, false confession, ineffective assistance of counsel, etc.)?
In my opinion, I think majority of those issues focus on the DNA and false confesssion of others because of the amount of evidence the investigator do not have to make a case. In the court of law, the evidence may outweigh the verdict decision because their are not enough evidence to proven ones’ innocence.
Discussion Post2
Generally speaking, the appeals process only allows a defendant to question whether or not there was an error in the trial process, not to argue facts already in evidence.  Thus, on appeal, it is difficult to establish the practice of re-testing evidence or presenting new evidence.  This is a practice which should be reformed as well. During the appeals process there should be a reasonable time for defendants to be allowed to test evidence, review transcriipts, challenge confessions and even present new evidence.  The argument is that if such evidence existed, then it should have been presented at trial, however, in reality most evidence that could exonerate a person isn’t discovered until much later. As such, whenever new evidence is discovered, or when there is new technology available to assist in testing evidence, the defendant should be allowed to litigate this new evidence. Any evidence that could potentially lead to their convictions being overturned, should be allowed to be litigated.  This, of course, should only be in the instances where the case was mostly circumstantial. In cases where there is clear and convincing evidence, then the normal appeals process should apply. 


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