Death Penalty: The Appeal Process

Haylie Galvan
Kelli Grant
Corrections 391
06 October 2015
Death Penalty: The Appeal Process Throughout the years, the death penalty has continued to be an ongoing controversial issue in the United States. While there are many supporters of the death penalty, there is also a great amount of objection. This type of punishment has been around since the eighteenth century in order to assist in a form of a consequence. It continues to be used to discipline those who break the laws and standards that are expected of them, by sentencing them to death. Ever since, it has become the highest level of punishment that can be handed down to someone in the criminal justice system; however, it has also raised many concerns. The process of getting off death
It is the court system’s way of double checking its work, making sure the sentenced was overall appropriate for the crime committed. The primary reason inmates automatically have a direct appeal when sentenced to death, is the probability of error. There can be no mistakes when someone’s life is at stake. The appeal process helps determine if there were mistakes made during the trial involving evidence and testimony that would have affected the outcome. In a study conducted by Colombia University Law School, it was concluded that nearly over half of all capital trials contained critical errors (“Arguments for and Against Death Penalty”). Most of the time these cases resulting in sentences either been reduced or acquitted, due to new evidence being discovered. That’s been true in the case of Damien Echols, who was part of the infamous “West Memphis Three”. In 1993, Mr. Echols was convicted of capital murder of three eight-year old boys. Unlike the other two defendants, he was sentenced to death by a lethal injection, because prosecutors believed he was the ring-leader of the group. This case got a lot of publicity due to this crime being considered heinous, and because when Damien was sentenced he was only 18 years of age. Which was not common in the United States during the 1990’s. After spending 18 years on death row, the Arkansas Supreme Court finally granted all three
It is pivotal that capital punishment cases have a chance to be looked at again by a whole new group of people. The appeal process allows for death row inmates to have the chance to fight back at the system. It is not a cheap when an inmate wants to have their case looked at by the appellate court. The price can range from a couple thousand dollars, and can even get to the millions depending on various factors. While having a case heard by any of the appellate courts in United States, the defendant most likely has more expert testimony and newly acquired evidence. It all takes time and money, but nothing in the court system happens overnight. When sentencing someone to the death penalty, the court must be 100% sure this person is guilty for the crime they were convicted for. It is the courts way of justifying their decision to putting someone to death. That’s is main reason why all these cases must go through the excruciating process. Overall the death penalty must be abolished, because it is a waste of government money and the criminal justice system is not punishing anyone by putting them out of their misery. All it is truthfully doing is making death row inmates famous. What is the lesson learned if someone murders a person and is punished for that crime, but then the justice system does the same thing? It is like what our parents say that still holds true throughout life, “two wrongs do not make a