How to Find Capital Punishment Appeals Information

Capital punishment is the putting to death of a criminal who has been convicted of a capital offense in a court of law. Individual states determine what types of crimes are considered capital offenses, and some states choose not to use the death penalty at all. Follow these steps to learn how the appeals process works in capital cases.

Instructions

Difficulty: Moderately Easy

Things You’ll Need:

• Computer with Internet access

1. Know how a capital punishment verdict is appealed. In most cases, a capital punishment verdict is appealed automatically when it is issued, so that the appellate court can review the information presented in the trial and make sure the defendant's rights were not violated and that proper trial law was adhered to.
2. Know what court will review the appealed decision. Different states have different courts and kinds of courts for reviewing capital punishment cases. In some states, appeals can go on for many years. In others, the court to which the decision is appealed is the court of last resort, meaning that its decision is final.
3. Know how to appeal to the United States Supreme Court. If a state's court of last resort fails to overturn the capital punishment verdict, the U.S. Supreme Court is the only one that can reverse that decision. To appeal to the U.S. Supreme Court, a petition is filed for a writ of certiorari. The court usually grants the writ in cases involving issues dealing with the U.S. Constitution.
4. Get information on the rights of a person appealing a capital punishment decision. The most important one is the right to an attorney. If the defendant cannot afford an attorney, the court is required by law to provide one free of charge.
5. Talk to a lawyer for more information about the appeals process. Keep in mind that appellate lawyers are usually different from trial lawyers. Ask what kind of evidence might lead an appellate court to overturn a capital punishment decision. Ask what kind of legal discrepancies might cause the entire case to be retried.
6. Get help with an appeal if you need it by contacting the American Civil Liberties Union, or ACLU (see Resources below).

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