An appeal refers to a legal proceeding by which a lower court decision is reviewed by a higher court. Appeals are relevant to youth to the extent that both the child welfare system and the juvenile justice system permit appeals, as do criminal courts if juveniles are transferred to them and civil courts when youth are, for example, subjects in family courts (e.g., in custody disputes). When involved in the child welfare or family court systems, parents typically bring appeals; when in the juvenile justice or criminal justice system, appeals typically are brought by minors themselves. The party appealing is known as either the petitioner or appellant; the one responding to the appeal is the respondent or appellee. Appeals are argued through written briefs and oral arguments. There are different types of appeals, such as direct appeals to higher courts or post-conviction appeals. Typically, appeals are based on legal issues; not on matters of fact. Thus, courts that hear appeals do not...
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
References
Arkin, M. M. (1992). Rethinking the constitutional right to a criminal appeal. UCLA Law Review, 39, 503–579.
Cavallaro, R. (2002). Better off dead: Abatement, innocence, and the evolving right of appeal. University of Colorado Law Review, 73, 943–986.
Cooper, N. L., Puritz, P., & Shang, W. (1998). Fulfilling the promise of In re Gault: Advancing the role of lawyers for children. Wake Forest Law Review, 33, 651–679.
Drizin, S. A., & Luloff, G. (2007). Are juvenile courts a breeding ground for wrongful convictions? Northern Kentucky Law Review, 34, 257–322.
Fedders, B. (2010). Losing hold of the guiding hand: Ineffective assistance of counsel in juvenile delinquency representation. Lewis & Clark Law Review, 14, 771–819.
In re Gault, 387 U.S. 1 (1967).
Kinkeade, E. (1999). Appellate juvenile justice in Texas-It’s a crime! Or should be. Baylor Law Review, 51, 17–61.
Levesque, R. J. R. (2008). Rethinking child maltreatment law: Returning to first principles. New York: Springer.
M. L. B. v S. L. J., 519 U.S. 102 (1996).
McKane v. Durston, 153 U.S. 684 (1894).
Uhrig, E. G. (2008). A case for a constitutional right to counsel in habeas corpus. Hastings Law Journal, 60, 541–604.
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2011 Springer Science+Business Media, LLC
About this entry
Cite this entry
Levesque, R.J.R. (2011). Appeal. In: Levesque, R.J.R. (eds) Encyclopedia of Adolescence. Springer, New York, NY. https://doi.org/10.1007/978-1-4419-1695-2_663
Download citation
DOI: https://doi.org/10.1007/978-1-4419-1695-2_663
Published:
Publisher Name: Springer, New York, NY
Print ISBN: 978-1-4419-1694-5
Online ISBN: 978-1-4419-1695-2
eBook Packages: Behavioral Science