What happens when one is sentenced to the death penalty?
Well after a criminal is sentenced to the death penalty they are then on death row. Death row is where a prisoner waits to have their long appeals process. There are currently 3,108 people on death row and those people can be on death row for around 20 years just awaiting the final decision. As for the appeals process, the first thing the criminal has is "The Direct Appeal." This is an automatic appeal which everyone sentenced to death receives. In some states it is mandatory, but in other states it is optional for the defendant. The next stage of the appellate process is the State-Post Conviction. The first thing that happens in this stage is petitions are filed with the original judge. Then it is appealed to any immediate courts and finally sent to the states highest court. What the defendant does at this stage is raise awareness of any issues with the sentencing that could've caused a wrongful conviction. After the second stage is the final stage of the appeals process, which is the Federal Habeas Corpus process. This process is about the federal issues that were brought up on appeal in the State level courts. For the people on death row, this is the final chance for them and the chance for them to raise awareness of issues outside the trial record. This post-conviction process has three levels to it. The first level is sending a petition to the U.S District Courts. The judge can either dismiss the petition, overturn the conviction, or overturn the sentence based on what is given in the petition. The next level is the U.S. District Court or Court of Appeals granting permission to appeal to the U.S. Court of Appeals. The conviction or sentence can be overturned in federal review, and if that happens, then the state is most of the time given the opportunity to re-try the defendant. However, if relief is denied, the only option for the defendant is to petition to the U.S. Supreme Court. Then the final level is to appeal to the U.S. Supreme Court. If that appeal is denied, then the defendant is done appealing and his sentence stands.
Well after a criminal is sentenced to the death penalty they are then on death row. Death row is where a prisoner waits to have their long appeals process. There are currently 3,108 people on death row and those people can be on death row for around 20 years just awaiting the final decision. As for the appeals process, the first thing the criminal has is "The Direct Appeal." This is an automatic appeal which everyone sentenced to death receives. In some states it is mandatory, but in other states it is optional for the defendant. The next stage of the appellate process is the State-Post Conviction. The first thing that happens in this stage is petitions are filed with the original judge. Then it is appealed to any immediate courts and finally sent to the states highest court. What the defendant does at this stage is raise awareness of any issues with the sentencing that could've caused a wrongful conviction. After the second stage is the final stage of the appeals process, which is the Federal Habeas Corpus process. This process is about the federal issues that were brought up on appeal in the State level courts. For the people on death row, this is the final chance for them and the chance for them to raise awareness of issues outside the trial record. This post-conviction process has three levels to it. The first level is sending a petition to the U.S District Courts. The judge can either dismiss the petition, overturn the conviction, or overturn the sentence based on what is given in the petition. The next level is the U.S. District Court or Court of Appeals granting permission to appeal to the U.S. Court of Appeals. The conviction or sentence can be overturned in federal review, and if that happens, then the state is most of the time given the opportunity to re-try the defendant. However, if relief is denied, the only option for the defendant is to petition to the U.S. Supreme Court. Then the final level is to appeal to the U.S. Supreme Court. If that appeal is denied, then the defendant is done appealing and his sentence stands.