1. "The Law & The Court In 1892"
Posted by Kat on Sep-15th-02 at 3:53 AM

If this question has been asked before, please be patient with me & point me in the right direction, anyway...

Did they have a Court of Appeal in 1892?

Meaning, if Lizzie *took a fall* for someone else, knowing she could always later tell the truth if she was convicted, did she know or was there installed at the time, a law that allowed for an AppEAL, to get her out this mess?

Nobody knows about APPEALS?
Really?
I wonder how to look that up, then...

I kinda think there was always a method of appealing. 

In todays law, is not an automatic appeal granted upon conviction for first degree murder?  I recognize it can vary state by state but I'm fairly sure it's almost universal.  Appeals rarely result in an over turning of a conviction.  They may grant a new trial if sufficient reason is given such as new evidence which was obviously not known at the time of the trial.

(Message last edited Sep-16th-02  12:31 AM.)

I had been reading Roughead, and he recounts crimes and trials from like the 1700's, and 1800's.  I thought I understood that "Appeals" first came about in Scotland, but I don't know when.  I remember reading later stories about how if only there was APpeal, so & so would not have hanged.  I have the impression that it was a relatively new concept of law.  Before that the Crown had to be petitioned through the Crown Prosecutor and the Home Secretary, or whatever.
I thought Scotland got it first, then England, then America?

[Edit here:]
http://app.comm.uscourts.gov/appeals.htm
"The U.S. Court of Appeals for the Federal Circuit and the 12 regional courts of appeals are often referred to as circuit courts. That is because early in the nation's history, the judges of the first courts of appeals visited each of the courts in one region in a particular sequence, traveling by horseback and 'riding  circuit.' These courts of appeals review matters from the district courts of their geographical regions, and sometimes from certain federal administrative agencies and other sources."


(Message last edited Sep-16th-02  3:05 AM.)

http://www.law.cornell.edu/ny/ctap/court/background.htm

"For the first several decades of New York's history as a State , the highest court was composed of the Justices of the Supreme Court (a trial court), the Chancellor (a judicial officer) and members of the State Senate. It was known as the Court for the Trial of Impeachments and the Correction of Errors. It was modeled after the appellate system in England's House of Lords. Perhaps because of its size and unwieldiness it never achieved renown. However, New York's first Chief Justice did: John Jay, one of the founders of our democracy, later became the first Chief Justice of the United States Supreme Court in 1789. Another key figure in the earliest days of the state's legal system was Jay's friend and colleague, Robert Livingston, the first Chancellor. Together with Gouverneur Morris, Jay and Livingston are credited with drafting New York State's first Constitution.

The Court of Appeals was established by the Constitutional Convention of 1846 with eight members, four to be elected for eight-year terms by voters statewide and the other four Supreme Court Justices having the shortest remaining terms to serve as acting Court of Appeals Judges for one year. The Constitutional Convention of 1869 created the Court of Appeals as we know it today. The Court sat to hear appeals for the first time in July 1870. By that year the State had become a bustling center of commerce and industry. Litigation increased to such a degree that New York State's court of last resort became backlogged with cases, a situation that persisted for decades. While the entire nation's judicial system continues to contend with increasing case volumes, New York State's highest court has achieved currency in handling its docket. The Court today typically hands down its decisions six to eight weeks after oral argument of a case.

In most general terms, the Court's work divides into civil and criminal appeals. The of cases originate in trial courts or administrative tribunals, then may be appealed to an intermediate appellate court, and finally to the Court of Appeals."

First Circuit >>Maine, Massachusetts, New Hampshire, Rhode Island, and Puerto Rico>> 6 Authorized Judgeships>> Boston, MA 02109 ADDRESS

One of the 19th century constitutions in NJ created a "Court of Errors" for appeals. Separation of Powers, Checks and Balances. Many many state constitutions in the 1820s were revised for SoP,CaB.
Currently the NJ Supreme Court will handle appeals. Maybe too many political and judicial errors resulted in this?
General knowledge, I am not a lawyer.

Lawyers may "object" to a judicial decision, which creates a possible future reason for appealing a verdict. This is to prevent any unfairness of a bought decision; but only if the other lawyer notices. Also, "new evidence" (as defined) can overturn a verdict.
See F Lee Bailey's "Defense Never Rests" for some comments on the law as it existed then. Supreme Court decisions in the 1960s prevent prosecutors from withholding exculpatory evidence (at least in theory). But this only works if the defense lawyer finds out in time!

Ever hear of the Centurion Ministries?

There is a series of books "The (your state) Constitution: A Reference Guide" that is full of interesting comments. Aimed at general readers; the lawyers know it all. But your library may only have your state.

Thanks for the extra info Ray.

I was surprised to find out that Appeals courts weren't around until 1870, so I suppose my question was valid.  Lizzie just slid in under the wire, by 22 years...that's not long to have the benefit of appeal!!

It was also surprising to find the "Circut" for Massachusetts, No.1, includes Puerto Rico!  Who got that choice assignment!?

Somebody said something about "Common Law". There were always the possibility of appeals somewhere in the system (I think?). Maybe the 19th century constitutions formalized this?

Obviously awarding Puerto Rico to Mass (instead of Fla) tells you that "political influence" was at work. "I'll trade you that for your vote on X."

Bismarck said "those who like sausages and laws should never visit the factory where they grind them out".