Econlib

The Library

Other Sites

 Front Page arrow Titles (by Subject) arrow § 42.: Right of appeal.— - A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint, vol. 1

Return to Title Page for A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint, vol. 1

Search this Title:

Also in the Library:

Subject Area: Law
Topic: The American Revolution and Constitution

§ 42.: Right of appeal.— - Christopher G. Tiedeman, A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint, vol. 1 [1900]

Edition used:

A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint (St. Louis: The F.H. Thomas Law Book Co., 1900). Vol. 1.

Part of: A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint, 2 vols.

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


§ 42.

Right of appeal.—

In the English criminal law, no provision whatever is made for the review of criminal convictions by the higher or appellate courts; the only relief from an unjust verdict being an appeal to the Home Secretary of the government, who will recommend a pardon by the Crown, if the facts of the case warrant it. In this country, the right of appeal to the higher courts is generally provided for in criminal, as in civil, cases. So universal is this provision for an appeal in criminal cases, that there is a manifest disposition to claim the right of appeal to the courts of last resort as an inalienable constitutional right. But the cases, in which the claim is made, that any denial or limitation of the right of appeal is a violation of the constitutional guaranty of “due process of law,” have generally denied the claim, and maintained that a right of review in criminal cases by an appellate court “is not a necessary element of due process of law, but it is wholly within the discretion of each State to refuse it or grant it on any terms.”1

SECTION43.—Imprisonment for crime—Hard labor—Control of convict in prison.
43a.—Convict lease system.

[1]Andrews v. Swartz, 156 U. S. 272; Allen v. State of Georgia, 166 U. S. 138; Ex parte Kinnebrew, 35 Fed. 52. But see contra, In re Roberts (Kan. App.) 45 P. 942.