Name: 刑事案件 "上訴 "的5個常見理由 (5 common grounds to "appeal" a criminal case)
Uploaded: 2021-01-14T07:10:55.000Z
Duration: 2 min 58 s
Description: 【看影片學英語】數萬部 YouTube 影片，搭配英漢字典即點即查，輕鬆掌握單字發音與用法，長久累積看電影不必再看字幕。

I want to talk today about grounds for appealing

Now, people call me all the time and they

say the judge was biased, that the DA was corrupt,

at trial that prevented the person from getting

The first is improper admission of evidence.

So if the judge allows the prosecutor to bring in hearsay

or to talk about the defendant's prior record,

or allows in or admits evidence that should be inadmissible,

that would be a potential grounds for appeal.

The second most common grounds for appeal

Now, prosecutors are part of law enforcement.

but they do things that are below board all the time.

So just commenting on inadmissible evidence

or purposely misstating the law or evidence.

A third common ground for appeal is ineffective assistance

That's when we say that the defense attorney did

a bad job that falls below the standard of competence that

So for example, maybe there's an alibi witness

that could be very crucial to the defense,

but he doesn't call that person to the stand.

The fourth common grounds for appeal is jury misconduct.

And I'll give you an example, during a trial,

do not discuss the case amongst yourselves,

and do not form an opinion about the case

the arguments are made, and it's submitted to you

But let's say the jury convicts a defendant

and afterwards it comes to light that in fact every day

the jury was talking about the case in the lunchroom.

oh I think he's guilty on even the second day of trial.

able to effectively appeal the conviction based

This is when a jury returns a guilty verdict,

but there has not been compelling evidence

to study the trial record with a fine tooth comb

to identify issues like this that would support an appeal.

To present them in a compelling way to the appellate court.

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刑事案件 "上訴 "的5個常見理由 (5 common grounds to "appeal" a criminal case)

ultimately

crucial

potential

present