In the American criminal justice system, once a defendant has received a guilty verdict, they can then challenge a conviction or sentence.
This takes place through different legal actions, known as filing an appeal or a federal habeas corpus proceeding.
[1] The post-conviction process is in place to protect innocent individuals from inherent human error in the criminal justice system.
[4] If the appeals process is unsuccessful, a convicted person may pursue other options, depending upon the severity of his or her sentence and the crime committed.
These writs require that the detainee be considered by a judge or court, and are in place to prevent unconstitutional imprisonment.
Many countries, including the United States, Australia, New Zealand, Malaysia and Canada have adopted the practice from English common law.
[6][7][8][9] Habeas corpus is a judicial mandate to a prison official which orders that an inmate be brought to trial to determine whether the imprisonment is lawful and if it should continue.
In these unique cases, inmates can file an appeal which could potentially be reviewed by the United States Supreme Court.
The Court does not often exercise this power, though several individuals from around the world sentenced with capital punishment have been exonerated in the past thirty years.
[12] Overturning a conviction after dozens of appeals and petitions have been denied is notoriously difficult, though prisoners have some options at their disposal.