The Differences Between Civil and Criminal Appeals

Appeals are a critical component of the justice system, allowing parties who feel that a legal decision was incorrect or unjust to have their case reviewed by a higher court. In the US, there are 2 types of appeals: civil and criminal. While both types of appeals involve challenging a lower court’s decision, there are significant differences between the two processes.

Civil appeals typically arise from disputes between private parties, such as individuals, corporations, or organizations. These cases may involve contract disputes, property disputes, personal injury claims, or other civil matters. In contrast, criminal appeals arise from criminal cases in which a defendant has been convicted of a crime and is seeking to challenge that conviction or the sentence imposed.

One key difference between civil and criminal appeals is the standard of review that the appellate court applies. In civil appeals, the appellate court typically applies a standard of review known as “de novo.” This means that the appellate court will check the case from scratch, considering all of the evidence and legal arguments anew. The appellate court will then make its own determination as to the correct outcome of the case. In contrast, criminal appeals typically involve a more limited standard of review. The appellate court will only check the trial court’s decision for errors of law or procedure. This means that the appellate court will not reconsider the evidence presented at trial or make its own determination as to the defendant’s guilt or innocence.

Another significant difference between civil and criminal appeals is the party that initiates the appeal. In civil cases, either party may initiate an appeal. This means that if a plaintiff wins a case at the trial court level but is dissatisfied with the amount of damages awarded, they may appeal the decision to seek a higher amount. Similarly, if a defendant loses a case at the trial court level, they may appeal the decision to seek to have the case overturned or to have the damages reduced. In contrast, criminal appeals are typically initiated by the defendant. This means that if a defendant is convicted of a crime and believes that there was an error in the trial court’s decision, they may appeal the decision to seek to have the conviction overturned or the sentence reduced.

The timing of civil and criminal appeals also differs. In civil cases, the deadline for filing an appeal is generally 30 to 60 days from the date of the final judgment. In contrast, the deadline for filing a criminal appeal is typically much shorter. In many jurisdictions, a criminal defendant must draft a notice of appeal within 10 days of the entry of the judgment or sentence.

The appellate process for civil and criminal appeals also differs in terms of the types of issues that may be raised on appeal. In civil appeals, parties may challenge the trial court’s decision on any legal issue that was raised during the trial. This means that the appellate court may review issues such as the interpretation of a contract or the admissibility of evidence. In criminal appeals, however, the issues that may be raised are typically limited to errors of law or procedure that occurred during the trial. Examples of issues that may be raised on appeal include the denial of a defendant’s constitutional rights, errors in jury instructions, or prosecutorial misconduct.

Finally, the outcome of civil and criminal appeals may differ in terms of the relief that is granted. In civil appeals, the appellate court may order a new trial or modify the trial court’s decision. For example, if a plaintiff wins a case at the trial court level but is dissatisfied with the number of damages awarded, the appellate court may order a new trial on the issue of damages. In criminal appeals, the relief that is granted is typically more limited. If the appellate court thinks that there was an error in the trial court’s decision, it may order a new trial or vacate the defendant’s sentence.