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Post by honeyroastedpeanut on Sept 30, 2008 16:07:17 GMT -6
Hi! I'm wondering why it often takes so long for the individual states to "finally" execute a convict? How many courts of appeal are there? How many state courts, how many federal courts? And how many different appeals are there? Of course you can't be careful enough who you execute but is it really that often about the actual guilt of the convict or more often about mistakes in the proceedure!? Everything seems so confusing to me. Over here we only have two different sorts of appeals, though in homicide cases you have only the revision (I think it's very different from what you call revision) or if you have new evidence for example you get a retrial. Only if you can show credibly that you're violated in constitutional rights you can go to the constitutional court but this is not an appeal. Actually, that's it. So you're sentenced by a state court and have the appeal to the federal court and then most of the cases are done. Thanks for your answers.
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Post by Deleted on Sept 30, 2008 16:17:03 GMT -6
There is a general explanation here on this site www.prodeathpenalty.com/Appeals.htmIt is under the Death Penalty Issues tab at the top. Appeals is one of the subjects with information there. It varies from state to state. In my experience reading the appeals of my daughters murderer, the issues the defense raises are technicalities.
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Post by honeyroastedpeanut on Sept 30, 2008 16:39:17 GMT -6
There is a general explanation here on this site www.prodeathpenalty.com/Appeals.htmIt is under the Death Penalty Issues tab at the top. Appeals is one of the subjects with information there. It varies from state to state. In my experience reading the appeals of my daughters murderer, the issues the defense raises are technicalities. First: I'm sorry for your loss. I didn't know that so far and sadly I don't know anything else to tell you than that. I'm quite speechless... Second: Thank you very much for the link. One question remains: is that really necessary? It seems like the convict just has to come up with some new argument every time to save his neck. I'm against the dp but so many - and I guess often not really necessary - appeals must be horrible for the loved ones of the victim. It must be like torture to them that they can't "close this file" and cannot concentrate on their loss. It's eight times about the felon, resulting in years of news about the convict etc. How can anyone endure that? You have my greatest respect for what you must have gone through.
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Post by Deleted on Sept 30, 2008 17:40:35 GMT -6
There is a general explanation here on this site www.prodeathpenalty.com/Appeals.htmIt is under the Death Penalty Issues tab at the top. Appeals is one of the subjects with information there. It varies from state to state. In my experience reading the appeals of my daughters murderer, the issues the defense raises are technicalities. First: I'm sorry for your loss. I didn't know that so far and sadly I don't know anything else to tell you than that. I'm quite speechless... Second: Thank you very much for the link. One question remains: is that really necessary? It seems like the convict just has to come up with some new argument every time to save his neck. I'm against the dp but so many - and I guess often not really necessary - appeals must be horrible for the loved ones of the victim. It must be like torture to them that they can't "close this file" and cannot concentrate on their loss. It's eight times about the felon, resulting in years of news about the convict etc. How can anyone endure that? You have my greatest respect for what you must have gone through. Thank you and that is plenty to say. I appreciate that. She would have been 27 years old soon, so it is all even more on my mind lately - all that might have been if not for murderers. We are waiting for the results on the 5th appeal now. That is the one that is on Death Row, the one that by his own many confessions and bragging to people, did inflict all the mortal wounds. The one that provided the car and guns and knives pleaded guilty to a life sentence, 40 years before he will be eligible tp apply for parole. Hopefully he will never make it out. Are all the appeals really necessary? Not to me, of course. I saw those witnesses faces, the ones who were so frightened of him, and I saw and heard the evidence, and I know he did it. Hopefully some of the legal brains here will visit and be able to explain better - why our government and our system has decided that it takes so many steps to make sure we were fair to the murderer, again and again and again.
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Post by lawrence on Oct 1, 2008 2:02:38 GMT -6
if the judgement has been given and the sentence is the dp then get on with it. The act of murder is barbaric so is execution so once all avenues have been wasted, dna, witness statements and the whole case looked at and looked at again and the facts remain, then carry out the execution. Having people around for years sometimes decades is disgusting, cruel and inhumane. If your sure 100% sure, then execute them and get it over with. If not then LWOP. One innocent is to high a price to pay.
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Post by honeyroastedpeanut on Oct 1, 2008 12:57:17 GMT -6
First: I'm sorry for your loss. I didn't know that so far and sadly I don't know anything else to tell you than that. I'm quite speechless... Second: Thank you very much for the link. One question remains: is that really necessary? It seems like the convict just has to come up with some new argument every time to save his neck. I'm against the dp but so many - and I guess often not really necessary - appeals must be horrible for the loved ones of the victim. It must be like torture to them that they can't "close this file" and cannot concentrate on their loss. It's eight times about the felon, resulting in years of news about the convict etc. How can anyone endure that? You have my greatest respect for what you must have gone through. Thank you and that is plenty to say. I appreciate that. She would have been 27 years old soon, so it is all even more on my mind lately - all that might have been if not for murderers. We are waiting for the results on the 5th appeal now. That is the one that is on Death Row, the one that by his own many confessions and bragging to people, did inflict all the mortal wounds. The one that provided the car and guns and knives pleaded guilty to a life sentence, 40 years before he will be eligible tp apply for parole. Hopefully he will never make it out. Are all the appeals really necessary? Not to me, of course. I saw those witnesses faces, the ones who were so frightened of him, and I saw and heard the evidence, and I know he did it. Hopefully some of the legal brains here will visit and be able to explain better - why our government and our system has decided that it takes so many steps to make sure we were fair to the murderer, again and again and again. My sister just turned 27 a few weeks ago. Hard to imagine for me how it must feel if she had not even lived long enough to celebrate that. What you said about all the weapons gave me the creeps. I wish you all the best and that there won't be another countless appeals.
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Post by kingsindanger on Jan 29, 2009 23:59:51 GMT -6
The short answer is that capital defense attorneys will invent any issue. Many wait until the execution date nears and file 'new' claims. All you need is one judge- any judge- to buy it and issue a stay.
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