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You seem convinced that additional appeals can only work in the defendants favor. Suppose that a state supreme court decides to give more rights to defendants u
by marcoperaza 9y ago
You seem convinced that additional appeals can only work in the defendants favor. Suppose that a state supreme court decides to give more rights to defendants under its common law. Suppose the state supreme court finds for a defendant based on that. Allowing the prosecution to appeal that decision to the federal supreme court actually HURTS the defendant.
I'm not saying there's no federalism in Australia. I'm saying that the federalism is substantially limited by having one general common law to rule them all. And also by imposing a single approach to judicial decision making.
Also, I think you continue to misrepresent the situation. You have every right to appeal a violation of your federally-granted rights to the federal Supreme Court. It is only rights granted to you only by your state that cannot, generally, be appealed. As I said above, it also means that prosecutors cannot try to get a decision made for you, by a state court on the basis of state law, overturned by the federal courts. So it cuts both ways.
- skissane 9y ago> You seem convinced that additional appeals can only work in the defendants favor. No denying that in the general case greater rights of appeal could work against the defendant as well as in favour of them. But in practice it all depends on how defendant-friendly the federal and individual state court systems actually are. I'm sure that for at least some US states, if the federal court system was granted Australian-style supremacy over them, the end result would be more defendant-friendly than it is now. Maybe for some other states it would be the opposite, but you have to ask which of those two situations would be the more common.