CFE – Law — Question 39

Which of the following statements concerning the appeals process in criminal cases is MOST ACCURATE?

Answer options

• A. Appellate courts will usually reverse a conviction even if the trial court’s error did not affect the outcome of the case.
• B. In civil law jurisdictions, appellate courts are generally permitted to make their own factual determinations and legal conclusions when reviewing a case.
• C. Appellate courts will usually hear an appeal even if the petition was not filed in a timely manner.
• D. In common law jurisdictions, appellate courts are generally permitted to make their own factual determinations but not their own legal conclusions when reviewing a case.

Correct answer: D

Explanation

The correct answer is D because, in common law jurisdictions, appellate courts can assess the factual aspects of a case but are restricted in making new legal interpretations. Option A is incorrect as appellate courts typically require a showing of harm to reverse a conviction. Option B is misleading as civil law jurisdictions do not allow appellate courts to make independent factual findings in the same way. Option C is inaccurate as most appellate courts require timely filing to consider an appeal.