There are currently 35 states that allow the death penalty to be imposed for certain types of crimes. Both New Mexico and New Jersey have recently repealed this type of capital punishment, while 6 states have current legislation on their books to follow suit. These include Connecticut, Kansas, Illinois, Maryland, Montana and New Hampshire.
Definition of Capital Crimes
The death penalty in the U.S. is primarily governed by the laws in each state. However, there are some federal crimes that qualify for capital punishment, such as murder related to the smuggling of aliens, murdering a member of Congress or a Supreme Court Justice or murder committed during a drug-related drive-by shooting. State crimes that are eligible for the death penalty include:
- Capital murder, which is the murder involving several victims of knowingly killing a law enforcement officer while he or she was performing their duty
- Premeditated or first-degree murder (with certain aggravating circumstances)
- First-degree murder during the commission of another felony
- Aggravated murder, such as killing another person for financial gain
- Kidnapping that results in severe bodily injury or death of the victim
- Treason
- Rape or forcible sodomy against a victim under a certain age if the defendant had a prior conviction of sexual abuse against a child
- Second conviction for rape accompanied by serious bodily injury
- Aircraft piracy, such as hijacking an aircraft
The Appeals Process
Once a person has been convicted of a serious or capital crime, the sentencing phase of the trial begins. During this time, the jury deliberates to consider whether to impose a sentence of life in prison or the penalty of death. The death penalty appeals process involves both state and federal courts. While each state has their own appeals process, many follow this process:
Direct Appeal
A defendant who has been sentenced to death automatically has the opportunity of appeal to the State Court of Criminal Appeals. The court must review the death sentence and either affirm the sentence or choose to vacate it and opt for a new sentencing hearing. One of the primary reasons to vacate a sentence is if the sentence imposed was due to prejudice by the jury. A direct appeal may be made for errors that were made during trial and sentencing phase.
State Habeas Corpus
The defendant or his attorneys may file a petition for a writ of habeas corpus. This is a judicial mandate to prison officials requesting that the defendant be brought to court to determine if the person is lawfully imprisoned and if he should be released from custody. During this appeal, the defendant may argue that his constitutional rights were violated or that he had ineffective legal counsel during trial. If this appeal is successful, the defendant may receive a new trial or a new penalty phase hearing. In some states, this appeal may be called a “Collateral Appeal” in which the defendant may claim there is new evidence to be presented proving his innocence.
Federal Habeas Corpus
The first federal court where the defendant may appeal their conviction is the U.S. District Court. The defendant may argue that their sentence be overturned because the conviction was obtained in violation of the defendant’s federal constitutional rights. The Federal District Court will render an opinion, addressing each of the allegations. If the court denies the petition, the next step is to file a petition with the U.S. States Court of Appeals.
United States Court of Appeals
Once the district court has disposed of a habeas corpus case, the losing side, now called “the appellant” may file a petition explaining why the district court’s decision was wrong. The States responds by filing a brief arguing that the district court was correct in denying relief. The Court will order both sides to present oral arguments in which the appellant will not be present. If the appellant loses this appeal, they may petition the United States Supreme Court to review the case.
During the appeals process, the defendant is extended a stay of execution. If the U.S. Supreme Court refuses to hear the case, the next step is to apply for clemency. The State Governor has the authority to grant reprieves, which allows the governor to commute a death sentence to life in prison.
Hiring an Appellate Attorney
The appeals process can continue for many years and cost the taxpayers millions of dollars. While some people feel this is unfair to the victims of the crime, the United States takes great pains to ensure that innocent people are not wrongfully executed. If you or someone you know is facing capital punishment, you will need a criminal defense attorney that is experienced in appellate court law.
