Results 1 to 5 of 5

Thread: G'day people

  1. #1
    Member Member
    Join Date
    Feb 2014
    Location
    Melbourne Australia
    Posts
    86

    G'day people

    G'day from Down under...

    Very warm down here currently Good to have started on a big night with one true nightmare copping what she deserved from what I read.

    I'm struggling to follow all the trail of appeals possible to someone once found guilty. To me being from a few klms away although lived in SD for 12 mths, there seems to be endless appeals and attempted roadblocks.

    is there a simple list of the process somewhere? Or is it just that it isn't that simple

    Anyway thanks for having me

    Rgds
    Bruce.
    Last edited by Birdman; 02-05-2014 at 11:11 PM.

  2. #2
    Administrator Michael's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    1,515
    Welcome to the site Bruce. I´m looking forward to your posts. Unfortunately I have no (quick) answer for your question.
    No murder can be so cruel that there are not still useful imbeciles who do gloss over the murderer and apologize.

  3. #3
    Jan
    Guest
    Welcome Bruce.

    If you want to know more about the appeals you should search for it on the internet. I can try to give you a short overview.

    Before the trial starts the prosecuter must say if he wants the death penalty or not, if yes the jury must consist of people who can impose the death penalty on the convict and ususally there are two defenders in a dp trial. After the trial there is always a direct appeal. It depends on the state how long this takes, in Texas about 2 or 3 years, in California sometimes about 20 years... After that the inmate has the state appeals and there are many different appeals in the states. In Texas you have just one habeas corpus appel to the Texas Court of Criminal Appeals, I think in Alabama you have two courts to appeal to and in Florida I read posts where the inmate filed his fourth or fifth appeal in the same court. After the state level every inmate goes to the federal level. It starts with an appeal in the Federal District Court, which takes really long, about 3 - 4 years sometimes 6 or 7. This decision will be appealed to the US Courts of Appeals (You can see a map here). This decision will be appealed to the Supreme Court of the US (SCOTUS). States like Virginia, Oklahoma or Texas are really quick with all appeals but states like California take decades... All appeals described now are about errors during the trial, like a bad lawyer or new evidance not presented at trial. Beside those appeals there might others about eg the heat on death row (Louisiana) or about the lethal injection protocol.

    To sum up: Direct appeal -> state appeal -> Federal district court -> US courts of appeals -> SCOTUS -> clemency request -> execution

    We have a thread on this site where you can see who sets the execution dates: http://www.cncpunishment.com/forums/...ssued-By-State

    I hope this gives you a good overview for the beginning.

    Jan

  4. #4
    Member Member
    Join Date
    Feb 2014
    Location
    Melbourne Australia
    Posts
    86
    Thanks people..

    Thanks Jan for the simple sum up

    I've been googling for a while, it seems every state is so different, with some proceedings being able to be run multiple times..

    Anyway, no probs I'll just watch a while longer and pick it up as I go...

  5. #5
    Senior Member CnCP Addict TrudieG's Avatar
    Join Date
    Jul 2013
    Posts
    557
    Hi Bruce

    Welcome to sum things up a bit and expand on Jan's post all State's have to follow the Constitution and it protections. Individual State's however enact their own laws within it's parameters.

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •