A post-conviction relief is simply a general terminology relating to a set of legal remedies accessible to many convicted criminals through the appeals system for a number of convictions: Sentences, Penalties (fines) & Incarceration. This is an area of the law where the criminal justice system seeks to protect the public from repeat offenders, as well as ensuring that those with less than ideal past histories receive the full measure of justice that they deserve. Post conviction relief also has a broader definition of being applicable to some types of offenses such as child sexual abuse.
After a Conviction
A post-conviction relief can be sought after a conviction, either by the offender or his or her attorneys, in order to avoid jail time, or to have an underlying crime charged against the offender reduced or dismissed. It can also be granted to victims of crime who may have suffered from violence in the name of justice served, or who may have been the subject of a wrongful conviction. And of course, the courts may grant post-conviction relief to those who have been abused in a custody dispute, in a divorce proceeding, or on any number of other grounds.
Determined by the Court of Appeals
The Court of Criminal Appeals is one of three courts responsible for reviewing the outcome of a trial in the criminal justice system. The Appeals Court is a court composed of three judges, and is not a part of the Federal Courts; rather it is appointed by the Chief Justice of the United States. It is the final authority in all criminal cases in the United States, including criminal cases that are pending in the court.
A Number of Avenues to Achieve Relief
Post-conviction relief is available through a number of different avenues. However, it is important to note that an individual’s situation may vary based on a number of factors, including the severity of the offense, his or her age, how long he or she was prosecuted for the offense, whether there have been previous charges in his or her lifetime, and the circumstances surrounding the original conviction.
There is No Guide Regarding Post Conviction Relief
There is not yet a definitive set of rules regarding post conviction relief, and it is up to each individual judge to determine what kind of support, if any, he or she will provide. However, it is important to note that in some states, an individual convicted of the same offence could be entitled to relief even if the original conviction did not carry the same level of severity as the one at hand, so long as the defendant has demonstrated that he or she has an acceptable record in the past. While this method will not guarantee an immediate return to normal life, it can provide a source of support for an individual who may find themselves in a difficult position in the future.