How to Appeal a Capital Punishment Verdict

According to federal records, 37 percent of appeals of a capital punishment verdict are successful. This means that many people can actually be saved if lawyers act within a reasonable amount of time and file the appropriate papers. An appeal can be successful because it proves the innocence of the convict or simply because it shows that the punishment was too severe to fit the crime committed.

Instructions

Difficulty: Moderately Challenging

1. Find out what the laws are in your state. A capital punishment verdict may qualify for an automatic appeal or you may have to initiate one directly. Each state also has a different office or court where the actual appeal is requested. Make sure you gather all the details before moving on to the next step.
2. Find a criminal lawyer who specializes in capital punishment. Most states will not allow an appeal unless filed by a lawyer and only those specializing in this type of case will know the laws and exceptions that make the appeal possible.
3. Contact the American Civil Liberties Union to find out if there are any loopholes or new laws that may help you in the appeal of a capital punishment verdict (see Resources below). The official website of the organization has a special program called the Capital Punishment Project (CPP), aimed to defend those facing such a verdict, educate the public and promote appeals against capital punishment. They can also put you in touch with appropriate lawyers and provide free representation in certain cases.
4. Contact the US Court of Appeals in your state to file the appropriate complaint. Each state has different procedures and you may not be able to file at all in certain areas, but it is important to cover all bases when looking for an appeal.
5. Make sure you let the lawyer know of any potential new developments. If new information, contradictory clues or new witnesses have come into play, it may be possible to appeal a capital punishment verdict based on the possibility of innocence. A lawyer can best advise you about whether the information you have is enough for an appeal.

Tips & Warnings

• The US Supreme Court will not consider an appeal of capital punishment unless directly related to certain issues, such as prisoners with mental illness or cases where they believe the Constitution has been disrespected.