Quote:
Originally Posted by BAckbOwlsgIrl
Now, it seems like people don't like it and they want to appeal. What does it say about the jury's hard work, time and effort? What does it say about respect for them? Sure, there is the right to appeal. But, to me, it seems to be almost disrespectful in that by appealing, a message is being sent that their opinion, hard work and energy is not valued. It comes across as answer shopping that if you don't like verdict, appeal.
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No, there is no right of appeal here. The state cannot appeal an acquittal. Once there is an acquittal, the rule against double jeopardy means that the case is over.
A defendant, on the other hand, always has a right to an appeal. But it's important to understand what an appellate court does and doesn't do. It does not (and cannot) substitute its own views of the evidence for those of the jury; the jury, not the judges, are the finders of fact. The appellate court basically reviews to make sure the rules were followed.
What the appellate considers are questions such as whether any pre-trial or trial procedures violated the constitutional rights of the defendant or whether evidence unduly prejudicial to the defendant was admitted in error. The court can decide that the jury heard evidence it shouldn't have heard. But the result in such a case is not entry of a different verdict by the appellate court. Rather, it's to order a new trial so that a new jury can reach a decision on proper evidence.