Question

Write about Preliminary rights, Right to appeal and Right to consult


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Answer 1

Answer:

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Answer 2

Answer:

Explanation:

It is time for the Supreme Court to explicitly recognize a

constitutional right to appeal. Over the last century, both the

federal and state judicial systems have increasingly relied on

appellate remedies to protect essential rights. In spite of the

modern importance of such remedies, however, the Supreme

Court has repeatedly declined to recognize a due process right

to appeal in either civil or criminal cases. Instead, it has

repeated nineteenth-century dicta denying the right of appeal,

and it has declined petitions for certiorari in both civil and

criminal cases that seek to persuade the Court to reconsider

that position.

This Article argues that a right to appeal protects both private

litigants and the justice system as a whole. First, doctrinal

consistency necessitates the explicit recognition of a

constitutional right to appeal—a right that the Supreme

Court’s criminal and punitive damages doctrines have already

implicitly recognized. Second, the modern procedural system

has developed in a way that relies on appellate remedies as

part of fundamental due process. Traditional procedural

safeguards—such as the jury trial and the executive clemency

process—may once have sufficiently protected due process

rights. In the modern era, however, these procedures have

diminished at the same time that reliance on appeals has

grown. As a result, if appellate remedies are removed from the

procedural framework, the system as a whole cannot provide

adequate due process protection. Finally, recognizing

constitutional protection for appellate rights would also

express a normative policy choice, promoting the values of

institutional legitimacy, respect for individual dignity