English Essay

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The Appeal Process Author’s name Institution’s name The Appeal Process Capital punishment or death penalty in the U.S. had been suspended from 1972-1976 but since 1976 to September 2011 1264 people have executed. Questions have been raised on the long delays between sentencing and execution which has led to the creation of a less arbitrary system which has resulted into what some people term as lengthier appeals. This paper gives my evaluation of whether the appeal process is too long, too short or totally appropriate. The appeals process in the United States of America consists of three stages; stage one, stage two and stage three. Stage one is the trial and direct review process where a death penalty is declared. Stage two is the post convictions appeal process which kicks in if the defendant’s appeal is denied by the Supreme Court. Stage three is known as the federal habeas corpus stage whereby the defendant petitions the U.S district court (court 8). If the petition is denied by the district court the defense counsel refers it to the U.S court of appeals (court 9). If the petition is denied by the court of appeal, the defense counsel seeks a writ of certiorari from the U.S Supreme Court (court 10). If the Supreme Court denies certiorari the state attorney general’s office then asks the U.S Supreme Court to set a date for the execution. It is my opinion that the death penalty appeal process is totally appropriate. The process gives room and time to eliminate any errors in the case. Since the stakes are life and death mandatory sentencing reviews must be done. Death penalty involves taking away someone’s life and the legal process has to be sure an innocent man or woman is not wrongfully executed. The system must be sure that everything was done in the rightful manner. Death penalty is the ultimate retribution and there is no room whatsoever for error.

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