Title: Post-Conviction in Capital Cases | Capital Punishment in Context
Headings: Post-Conviction in Capital Cases
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Post-Conviction in Capital Cases
Post-Conviction in Capital Cases
The Death Penalty Appeals Process
Appeals Court Rulings and Harmless Errors
Federal Review and the Issue of Actual Innocence
Conclusion
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Content: The Death Penalty Appeals Process
Resources
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Overview of the Capital Appeals Process
Anthony Porter Timeline
Please register or login for free access to our collection of supplementary materials. Death penalty appeals (which includes an appeal from the death judgment and other post-conviction review, including state and federal habeas corpus proceedings) comprise a lengthy and complicated process that can take 10-20 years, or more, during which the defendant's innocence or guilt is rarely the focus. Rather, post-conviction review is concerned about whether legal errors occurred in the trial proceedings. The time needed to review capital cases has generated much controversy. Many litigators believe that thorough review is needed to safeguard against wrongful convictions, and the passage of time necessary for meticulous review can be important. For example, the delay in Porter's execution (which was granted based on concerns about an intellectual disability and not on doubts about his guilt) provided time for a group of college students to re-investigate his case and prove his innocence 16 years after his conviction. Continued investigation and litigation after a conviction can lead to new evidence or new witnesses who ultimately may exonerate a defendant, as illustrated by the many individuals who were exonerated from death row since 1977 and spent an average of 9.8 years in prison before being released. However, some critics have called for a narrower, more streamlined and expedited appeals process, citing the high costs of the current system, the purported greater deterrent value of swifter punishment, and concern on behalf of murder victims' families for the delay in achieving justice. Some legislatures have sought to "fast-track" the appeals process.