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Right to appeal for sentence?
Hi Guys. A family member has been sentenced for 12 years. I wanted to know if he could appeal on the following grounds:-
1) All 12 Jury members were same culture, non of them were the prisoner's culture.
2) The Judge himself was shocked by the Jury's decision.
3) 3 psychatrists assessed the prisoner out of which 2 said that the prisoner was not in his senses, it was a moment of insanity.
He has 28 days to appea but is not sure if he can, and if he can, would he be able to get legal aid for it? thanks.
P.S. This is in London.
3 Answers
- Jillian7Lv 48 years agoFavorite Answer
1) The jury was acceptable to your relative's defence. If it was not, it would have been challenged prior to the court case.
2) The Jury delivers the verdict, it is not responsible for the sentence. If the Judge disagreed with the jury, then he would still need to accept the verdict, but would have been able to reflect his views by imposing an appropriate sentence, which may or may not have included incarceration, let along for 12 years.
3) obviously the jury did not accept the assessment of the two psychiatrists to the extent it mitigated wrongful conduct or intent on the part of the accused at the time of the offence.
Your relative may have already received advice from the solicitor who was handling his original case on the likelihood of having grounds for appeal. If not, he should do so asap.
- Anonymous8 years ago
Of the three things that you list, only the third one might indicate any grounds for appeal - and that would be an appeal against conviction, and not against the sentence. You would need further evidence to support the psychiatric claim, which was not available to the jury at the original trial.
You cannot appeal because of the ethnicity or class of a jury - the selection process is by chance, so that represents the community where the trial took place.
- Anonymous8 years ago
Which country is this ?