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Post by Deleted on Feb 29, 2008 17:23:31 GMT -6
In a Federal capital case, how many appeals does the condemned prisoner have?
Most states have their own laws regarding the DP, with variations on limits to appeals, clemencies, and procedures. If anyone could give me a basic overview on the Federal capital prosecution process, the number of appeals, the clemency power, I'd appreciate it. Thanks.
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Post by rick4404 on Feb 29, 2008 18:37:05 GMT -6
The President of the United States has sole authority in all matters relative to clemency in the federal system.
Seeking a death sentence in the federal system requires the following of an elaborate protocol which has been set up by the U.S. Department of Justice. The attorney general of the United States makes the final determination on whether or not the government will seek a death sentence in any given case. Then the local United States Attorney which is prosecuting the case must abide by the AG's decision.
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Post by Californian on Mar 1, 2008 21:45:26 GMT -6
Federal death sentences take a shorter time because there are no state statutes to deal with before the case jumps into the federal system. Some state courts can take 10-12 years before the federal appeals begin.
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Post by rick4404 on Mar 2, 2008 13:58:19 GMT -6
Federal death sentences take a shorter time because there are no state statutes to deal with before the case jumps into the federal system. Some state courts can take 10-12 years before the federal appeals begin. That's just it. In that there are no state statutes and numerous state appeals to deal with before a case jumps into the federal system, federal death cases take a much shorter time to complete. It was approximately six years between when Timothy McVeigh was sentenced to death for his role in the bombing of the federal building in Oklahoma City, Okla. to when he was stretched out on a gurney in the then newly-constructed death chamber at the federal penitentiary in Terre Haute, Indiana and put to death by lethal injection. The trial was moved to Denver because there was no way McVeigh would have gotten an impartial jury in Oklahoma. Six years from sentencing to execution is lightning speed compated to the average of 16-20 years, some even longer that most state death penalty cases take between sentencing and execution.
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Post by bear on Mar 2, 2008 19:41:15 GMT -6
Federal death sentences take a shorter time because there are no state statutes to deal with before the case jumps into the federal system. Some state courts can take 10-12 years before the federal appeals begin. That's just it. In that there are no state statutes and numerous state appeals to deal with before a case jumps into the federal system, federal death cases take a much shorter time to complete. It was approximately six years between when Timothy McVeigh was sentenced to death for his role in the bombing of the federal building in Oklahoma City, Okla. to when he was stretched out on a gurney in the then newly-constructed death chamber at the federal penitentiary in Terre Haute, Indiana and put to death by lethal injection. The trial was moved to Denver because there was no way McVeigh would have gotten an impartial jury in Oklahoma. Six years from sentencing to execution is lightning speed compated to the average of 16-20 years, some even longer that most state death penalty cases take between sentencing and execution. McVeigh dropping all his appeals certainly helped speed things up.
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Post by rick4404 on Mar 5, 2008 8:06:14 GMT -6
That's just it. In that there are no state statutes and numerous state appeals to deal with before a case jumps into the federal system, federal death cases take a much shorter time to complete. It was approximately six years between when Timothy McVeigh was sentenced to death for his role in the bombing of the federal building in Oklahoma City, Okla. to when he was stretched out on a gurney in the then newly-constructed death chamber at the federal penitentiary in Terre Haute, Indiana and put to death by lethal injection. The trial was moved to Denver because there was no way McVeigh would have gotten an impartial jury in Oklahoma. Six years from sentencing to execution is lightning speed compated to the average of 16-20 years, some even longer that most state death penalty cases take between sentencing and execution. McVeigh dropping all his appeals certainly helped speed things up. Tim McVeigh dropped his appeals? I thought he fought it all the way. I'm probably wrong about that, though.
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Post by josephdphillips on Mar 5, 2008 8:27:43 GMT -6
Tim McVeigh dropped his appeals? I thought he fought it all the way. I'm probably wrong about that, though. In some states death row inmates aren't allowed to drop appeals. California is that way.
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Post by bear on Mar 5, 2008 9:53:31 GMT -6
In some states death row inmates aren't allowed to drop appeals. California is that way. I know that's true, but that still puzzles me. What is the reasoning for that?
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Post by josephdphillips on Mar 5, 2008 10:03:28 GMT -6
I know that's true, but that still puzzles me. What is the reasoning for that? Two reasons, as far as I know. One is to prevent another Gary Mark Gilmore case, i.e. suicide-by-state. The second reason is that the issue is too important to be left to an inmate. I don't agree with either of the two, but there it is.
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Post by Rev. Agave on Mar 5, 2008 10:36:14 GMT -6
The feds barely ever execute. The only reason they got McVeigh was because he volunteered. Indeed, there has not been one federal execution since I started following this sport when I joined the board. Even California kills more inmates that the federal government.
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Post by ltdc on Mar 5, 2008 13:17:22 GMT -6
In some states death row inmates aren't allowed to drop appeals. California is that way. I know that's true, but that still puzzles me. What is the reasoning for that? cause there's no money in it
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Post by rick4404 on Mar 5, 2008 19:53:47 GMT -6
There was one other federal execution which took place shortly after McVeigh's. As a stark contrast between the two cases; the U.S. Bureau of Prisons issued press credentials to several hundreds of media people from around the world in order for those media people to have the privilege of covering the McVeigh execution. In the case that followed, the execution of some petty murderer that was prosecuted under federal law, the bureau of prisons only issued press credentials to maybe half a dozen media representatives.
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Post by ichy on Mar 15, 2008 13:11:56 GMT -6
Federal death sentences take a shorter time because there are no state statutes to deal with before the case jumps into the federal system. Some state courts can take 10-12 years before the federal appeals begin. That's incorrect. There have only been three post-Gregg executions by the federal gov't. One was Timothy McVeigh, who dropped his appeals & volunteered to die. The two other were Louis Jones, who was executed for the rape & murder of Pvt. Tracy McBridge, and Juan Raul Garza, who was put to death for ordering the murders of a whole bunch of people.
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Post by ichy on Mar 15, 2008 13:14:53 GMT -6
Two reasons, as far as I know. One is to prevent another Gary Mark Gilmore case, i.e. suicide-by-state. The second reason is that the issue is too important to be left to an inmate. I don't agree with either of the two, but there it is. Even in states where an inmate is allowed to drop his appeals there are still some lawyers who will try to drag the process out. John Thanos, the first person be executed in Maryland after executions resumed had to fight his lawyers for two years after he was sentenced.
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Post by josephdphillips on Mar 15, 2008 21:03:17 GMT -6
Even in states where an inmate is allowed to drop his appeals there are still some lawyers who will try to drag the process out. John Thanos, the first person be executed in Maryland after executions resumed had to fight his lawyers for two years after he was sentenced. Yes, because they don't believe the state has the right to execute even when the inmate wants to be executed. It's lame but it's popular, unfortunately.
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Post by Deleted on Apr 24, 2008 7:27:18 GMT -6
According to the Capital Defense Network website, four federal inmates have exhausted their appeals (three of whom were condemned together for the same crimes). I'd imagine that Baze v. Rees would clear the way for their stays to soon be lifted. As far as military death row's concerned, two inmates have lost all of their appeals. However, President Bush has refused to give the go-ahead for their executions for over a year now. Given his record on the death penalty, it's a bit odd to say the least.
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